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THE  CONVENTION  MANUAL 


FOK  THE 

Sixth  New  York  State  Constitutional  Convention. 

1894. 


AMERICAN 
C O N S T 1 1 U 1 1 O N S, 


COMPRISING 


7 he  Declarati07L  of  Independence,  the  A r tides  of 
Confederation,  the  Cofistitution  of  the  United 
States,  and  the  State  Constitutio7is. 


Pheparrd  in  Pursuance  of  Chapter  8,  of  Laws  of  1893,  and 
Chapter  228  of  Laws  of  1894 

UNDER  THE  DIRECTION  OF 

JOHN  PALMER,  Secretary  of  State, 

JAME^S  A.  ROBERTS,  Comptroller. 

THEO.  E.  HANCOCK,  Attorney-General. 

By  GEORGE  A GLYNN,  Syracuse,  Compiler. 


F*cirt  '2,,  Vol.  2. 


ALBANY; 

THE  ARGUS  COMPANY,  PRINTERS, 
1894. 


C O NTE  NTS. 


Constitution  of  New  York 

Constitution  of  North  Carolina 

Constitution  of  North  Dakota 

Constitution  of  Ohio 

Constitution  of  Oregon 

Constitution  of  Pennsylvania 

Constitution  of  Rhode  Island 

Constitution  of  South  Carolina^ 

Constitution  of  South  Dakota 

Constitution  of  Tennessee  

Constitution  of  Texas 

Constitution  of  Vermont 

Constitution  of  Virginia 

Constitution  of  Washington 

Constitution  of  West 'Virginia 

Constitution  of  Wisconsin 

Constitution  of  Wyoming 

Act  governing  District  of  Columbia. 


1-48 

49-82 

83-148 

149-188 

189-222 

223-274 

275-300 

301-344 

345-420 

421-456 

457-528 

529-556 

557-592 

593-654 

655-704 

705-752 

753-812 

813-827 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/conventionmanual22newy 


CONSTITUTION 


OF/ THE 


STATE  OF  NEW  YORK. 


CONSTITUTION  OF  THE  STATE  OE  NEW  YORK 


ARTICLE  I. 

Section 

1.  No  person  to  be  disfranchised. 

2.  Trial  by  jury. 

3.  Religious  liberty. 

4.  Writ  of  habeas  corpus. 

5.  Bail,  fines. 

6.  Grand  jury. 

7.  Private  property. — Private  roads. 

8.  Freedom  of  speech  and  of  the 

press. 

9.  Two-third  bills. 

10.  Right  of  petition. — Divorces. — 

Lotteries. 

11.  Right  of  property  in  lands. — 

Escheats. 

12.  Feudal  tenures  abolished. 

13.  Allodial  tenure. 

14.  Certain  leases  invalid. 

15.  Fines  and  quarter  sales  abol- 

ished. 

16.  Sale  of  lands. 

17.  Old  colony  laws  and  acts  of  the 

Legislature.— Common  law.— 

Commissioners  to  be  appointed 
—their  duties. 

18.  Grants  of  land  since  1775. — Prior 

grants. 

ARTICLE  II. 

1.  Qualification  of  voters. 

2.  Persons  excluded  from  right  of 

suffrage. — Challenge. — Laws  to 
be  passed  excluding  from  right 
of  suffrage. 

3.  Certain  employments  not  to  af- 

fect residence  of  voters. 

4.  Laws  to  be  passed. 

5.  Election  to  be  by  ballot. 

ARTICLE  III. 

1.  Legislative  powers. 

2.  Senators,  number  of. — Members 

of  Assembly,  number  of. 

3.  State  divided  into  thirty-two 

Senatorial  districts.— Bounda- 


Section 

ries  thereof.  Board  of  super- 
visors of  the  city  of  New  York 
to  divide  the  county  into  Sen- 
ate districts. — Certificate,  etc., 
to  be  filed. 

4.  Enumeration  to  be  taken  in  1855, 

and  every  ten  years. — Senate 
districts,  how  altered. 

5.  Members  of  Assembly,  number 

of,  and  how  apportioned  and 
chosen. — Boards  of  supervisors 
in  certain  counties  and  board 
of  aldermen  in  New  York  city 
to  divide  the  same  into  Assem- 
bly districts. — Description  of 
Assembly  districts  to  be  filed.— 
Contents  of  Assembly  districts. 
— Legislature  to  reapportion 
members  of  Assembly. — Each 
county  entitled  to  one  mem- 
ber.— Hamilton  county. — Coun- 
ties and  towns  may  be  divided 
and  new  ones  erected. 

6.  Pay  of  members. 

7.  No  member  to  receive  an  ap- 

pointment. 

8.  Persons  disqualified  from  being 

members. 

9.  Time  of  election  fixed. 

10.  Powers  of  each  house, 

11.  Journals  to  be  kept. 

12.  No  member  to  be  questioned, 

etc, 

13.  Bills  may  originate  in  either 

house. 

14.  Enacting  clause  of  bills. 

15.  Assent  of  a majority  of  all  the 

members  required,  etc. 

16.  Restriction  as  to  private  and 

local  bills. 

17.  Existing  law  not  to  be  made  a 

part  of  an  act  except  by  insert- 
ing it  therein. 

18.  Private  and  local  bills,  in  what 

cases  they  may  not  be  passed. 
— General  laws  to  be  passed. — 
Street  railroads,  condition  upon 


4 


CONSTITUTION  OF  NEW  YORK. 


Section 

which  they  may  be  author- 
ized. 

19.  The  Legislature  not  to  audit  or 

allow  any  private  claim. 

20.  Bill  imposing  a tax,  manner  of 

passing. 

21.  Same  subject. 

22.  Board  of  supervisors. 

23.  Local  legislative  powers  con- 

ferred on  boards  of  supervis- 
ors. 

24.  No  extra  compensation  to  be 

granted  to  a public  officer,  ser- 
vant, agent  or  contractor. 

25.  Sections  seventeen  and  eighteen 

not  to  apply  to  certain  bills. 

ARTICLE  IV. 

1.  Executive  power,  how  vested. 

2.  Requisite  qualifications  of  Gov- 

ernor. 

3.  Time  and  manner  of  electing 

Governor  and  Lieutenant-Gov- 
ernor. 

4.  Duties  and  power  of  Governor. — 

His  compensation. 

5.  Pardoning  power  vested  in  the 

Governor. 

6.  Powers  of  Governor  to  devolve 

upon  Lieutenant-Governor. 

7.  Requisite  qualifications  of  Lieu- 

tenant-Governor.— To  be  Presi- 
dent of  the  Senate  and  to  act 
as  Governor  in  certain  cases. 

8.  Compensation  of  Lieutenant- 

Governor. 

9.  Bills  to  be  presented  to  the  Gov- 

ernor for  signature. — If  re- 
turned by  him  with  objections, 
how  disposed  of. — Bills  to  be 
returned  within  ten  days. — 
After  adjournment,  bills  must 
be  approved  in  thirty  days, 
else  cannot  become  law. — Gov- 
ernor may  object  to  items  of 
appropriation  in  any  bill. 

ARTICLE  V. 

1.  State  officers,  how  elected  and 

terms  of  office. 

2.  State  Engineer  and  Surveyor, 

how  chosen  and  term  of  office. 

3.  Superintendent  of  Public  Works, 

powers  and  duties: 


Section 

4.  Superintendent  of  Prisons,  pow- 

ers and  duties  of. 

5.  Commissioners  of  the  Land  Of- 

fice.— Commissioners  of  the 
Canal  Fund. — Canal  Board. 

6.  Powers  and  duties  of  boards,  etc. 

7.  Treasurer  may  be  suspended  by 

Governor. 

8.  Certain  offices  abolished. 

ARTICLE  VI. 

1.  Impeachment.  — Assembly  has 

power  of. — Effect  of  judgment. 

2.  Court  of  Appeals. — Judges,  how 

chosen. — Appointment  of  clerk. 

3.  Vacancies  in  office  of  Judge  of 

Court  of  Appeals. — How  filled. 

4.  Causes  pending  in  Court  of  Ap- 

peals to  be  referred  to  Com- 
missioners of  Appeals. 

5.  Commissioners  of  Appeals. — Va- 

cancies, how  filled. — Chief 

Commissioner  to  be  appointed. 

6.  Supreme  Court. — Jurisdiction. — 

Justices.  — Judicial  districts, 
number  of  Justices  in;  may  be 
altered  without  increasing 
number.  Seven  Justices  to  be 
designated  to  act  as  Associate 
Judges  of  the  Court  of  Appeals 
for  the  time  beimg. 

7.  Terms  of  Supreme  Court. 

8.  Judge  or  Justice  may  not  sit  In 

review  of  decisions  made  by 
him,  etc. 

9.  Vacancy  in  office  of  Justice  of 

Supreme  Court,  how  filled. 

10.  Judges  of  Court  of  Appeals,  or 

Justices  of  Supreme  Court,  to 
hold  no  other  office. 

11.  Removals. — Proceedings  in  rela- 

tion to. 

12.  City  courts. 

13.  Justice  of  Supreme  Court  or 

Judges  of  City  Courts,  how 
chosen. — Term  of  office.— Re- 
striction as  to  age. 

14.  Compensation  of  Judges  or  Jus- 

tices.— Not  to  bej  diminished 
during  term  of  office. 

15.  County  Courts. 

16.  Local  judicial  officers. 

17.  Judge  of  Court  of  Appeals,  or 

Justice  of  Supreme  Court,  elec- 
tion or  appointment  of. — Ques- 


CONSTITUTION  OF  NEW  YORK. 


5 


Section 

tions  to  be  submitted  to  the 
people. 

18.  Justices  of  the  Peace. 

19.  Inferior  local  courts. 

20.  Clerks  of  Supreme  Court  and 

Court  of  Appeals. 

21.  No  judicial  officer,  except  Justice 

of  the  Peace,  to  receive  fees. 

22.  Judgments,  etc.,  may  be  ordered 

directly  to  Court  of  Appeals 
for  review. 

23.  Publication  of  Statutes  to  be  pro- 

vided for. 

24.  Judges,  first  election  of. — ^When 

to  enter  upon  duties. 

25.  Local  judicial  officers. — Term  of 

office  of  incumbents. 

26.  Courts  of  Special  Sessions. 

27.  Surrogates’  Courts. 

28.  Court  of  Appeals  may  order 

causes  to  be  heard  by  Commis- 
sion of  Appeals. 

ARTICLE  VII. 

1.  Canal  debt. — Sinking  fund. — June 

1,  1846,  $1,300,000.— June  1,  1859, 
$1,700,000. 

2.  General  Fund  Debt. — Sinking 

fund,  $350,000;  after  certain  pe- 
riod, $1,500,000. 

3.  Two  hundred  thousand  dollars 

of  the  surplus  canal  revenues 
annually  appropriated  to  gen- 
eral fund,  and  the  remainder 
to  specific  public  works. — Cer- 
tain deficiencies  in  the  rev- 
enues not  exceeding  $2,250,000, 
annually  to  be  supplied  from 
the  revenues  of  the  canals. — 
Contractors,  no  extra  compen- 
sation to  be  made  to. 

4.  Loans  to  incorporated  companies 

not  to  be  released  or  compro- 
mised. 

6.  Legislature  shall,  by  equitable 
taxes,  increase  the  revenues 
of  the  sinking  fund  in  certain 
cases. 

6.  Certain  canals  of  the  State  not 

to  be  leased  or  sold. — Expend- 
itures, for  collections  and  re- 
pairs, limited. — Funds  from 
leases  or  sale,  how  applied. 

7.  Salt  springs. 


Section 

8.  Appropriation  bills. 

9.  State  credit  not  to  be  loaned. 

10.  Power  to  contract  debts  limited. 

11.  Debts  to  repel  invasion,  etc., 

may  be  contracted. 

12.  Limitation  of  the  legislative 

power  in  the  creation  of  debts. 

13.  Sinking  funds  to  be  separately 

kept  and  safely  invested. 

14.  Claims  barred  by  lapse  of  time. 

— Limitation  of  existing  claims. 

ARTICLE  VIII. 

1.  Corporations,  how  created. 

2.  Debts  of  corporations. 

3.  “Corporations”  defined. 

4.  Charters  for  savings  banks  and 

banking  purposes. 

5.  Specie  payments. 

6.  Registry  of  bills  or  notes. 

7.  Individual  responsibility  of 

stockholders. 

8.  Insolvency  of  banks,  preference. 

9.  Legislature  to  provide  for  the 

incorporation  of  cities  and  vil- 
lages, and  to  define  powers 
thereof  in  certain  cases. 

10.  The  credit  or  money  of  the  State 

not  to  be  given  or  loaned. 

11.  Counties,  cities,  towns  and  vil- 

lages not  to  give  money  or 
property  or  loan  their  money 
or  credit. — Their  power  to  con- 
tract debts  limited. 

ARTICLE  IX. 

1.  Common  school.  Literature  and 
United  States  Deposit  funds. 

.ARTICLE  X. 

1.  Sheriffs,  clerks  of  counties,  reg- 

ister and  clerk  of  New  York, 
coroners  and  district  attorneys. 
— Governor  may  remove. 

2.  Officers,  how  chosen  or  appoint- 

ed. 

3.  Duration  of  office. 

4.  Time  of  election. 

5.  Vacancies  in  office,  how  filled. 

6.  Political  year. 

7.  Removal  from  office. 

8.  When  office  deemed  vacant. 

9.  Compensation  of  certain  officers. 


6 


COI^STITUTION  OF  NEW  YORK. 


ARTICLE  XI. 

Section 

1.  Militia. 

2.  Manner  of  choosing  or  appoint- 

ing militia  officers. 

3.  Officers  to  be  appointed  by  Gov- 

ernor and  Senate. — Commis- 
sary-General. 

4.  Election  of  militia  officers. 

5.  Officers,  how  commissioned. 

6.  Election  of  militia  officers  may 

be  abolished. 

ARTICLE  XII. 

1.  Oath  of  office  prescribed.  | 

ARTICLE  XIII. 

1.  Amendments. 

2.  Future  conventions,  how  called.  | 

ARTICLE  XIV. 

1.  Election. — Term  of  office  of  Sen- 

ators and  Members  of  Assem- 
bly. 

2.  First  election  of  Governor  and 

Lieutenant-'Governor.i  when. 

3.  State  officers,  and  others,  to  re- 

main in  office  till  December 
31.  1847. 

4.  First  election  of  judicial  officers, 

when. 


Section 

5.  Jurisdiction  of  pending  suits. 

6,.  Chancellor  and  Supreme  Court. 
— Masters  in  Chancery. 

7.  Vacancy  in  office  of  Chancellor 

or  Justice  of  Supreme  Court, 
how  filled. 

8.  Offices  abolished. 

9.  Chancellor  and  Justices  of  pres- 

ent Supreme  Court  eligible. 

10.  Officers  to  hold  until  expiration 

of  term. 

11.  Judicial  officers  may  receive  fees. 

12.  Local  courts  to  remain,  etc. 

13.  When  Constitution  goes  into 

operation. 

ARTICLE  XV. 

1.  Bribery  and  official  corruption. 

2.  The  same  subject. 

3.  Person  offering  or  receiving 

bribe  may  be  witness. 

4.  District  attorney  may  be  re- 

moved for  failure  to  prosecute 
violations. — Expenses  of  prose- 
cution, how  chargeable. 

ARTICLE  XVI. 

1.  Amendments,  when  to  take 
effect. 


PREAMBLE. 

We,  the  people  of  the  State  of  New  Y^ork,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  its  blessings,  do  estab- 
lish this  Constitution. 

ARTICLE  I. 

Section  1.  No  member  of  this  State  shall  be  disfranchised, 
or  deprived  of  any  of  the  rights  or  privileges  secured  to  any  citi- 
zen thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of 
his  peers. 

Sec.  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been 
heretofore  used  shall  remain  inviolate  forever;  but  a jury  trial 
may  be  waived  by  the  parties  in  all  civil  cases  in  the  manner  to  be 
prescribed  by  law. 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship,  without  discrimination  or  preference,  shall 
forever  be  allowed  in  this  State  to  all  mankind;  and  no  person 


CONSTITUTION  OF  NEW  YOKK. 


7 


shall  be  rendered  incompetent  to  be  a witness  on  account  of  his 
opinions  on  matters  of  religious  belief;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  so  construed  as  to  excus«> 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  State. 

Sec.  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  its  suspension. 

Sec.  5.  Excessive  bail  shall  not  be  required  nor  excessive 
fines  imposed,  nor  shall  cruel  and  unusual  punishments  be  in- 
flicted, nor  shall  witnesses  be  unreasonably  detained. 

Sec.  6.  No  person  shall  be  held  to  answer  for  a capital  or 
otherwise  infamous  crime  (except  in  cases  of  impeachment,  and 
in  cases  of  militia  when  in  actual  service;  and  the  land  and 
naval  forces  in  time  of  war,  or  which  this  State  may  keep  with 
the  consent  of  Congress  in  time  of  peace,  and  in  cases  of  petit 
larceny,  under  the  regulation  of  tlie  Legislature),  unless  on  pre- 
sentment or  indictment  of  a grand  jury,  and  in  any  trial  in  any 
court  whatever  the  party  accused  shall  be  allowed  to  appear 
and  defend  in  person  and  with  counsel  as  in  civil  actions.  No 
person  shall  be  subject  to  be  twice  put  in  jeopardy  for  the  same 
offense;  nor  shall  he  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself;  nor  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law;  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation. 

Sec.  7.  When  private  property  shall  be  taken  for  any  public 
use,  the  compensation  to  be  made  therefor,  when  such  compensa- 
tion is  not  made  by  the  State,  shall  be  ascertained  by  a jury  or  by 
not  less  than  three  commissioners  appointed  by  a court  of  record, 
as  shall  be  prescribed  by  law.  Private  roads  may  be  opened 
in  the  manner  to  be  prescribed  by  law  ; but  in  every  case  the 
necessity  of  the  road  and  the  amount  of  all  damage  to  be  sus- 
tained by  the  opening  thereof  shall  be  first  determined  by  a jury 
of  freeholders,  and  such  amount,  together  with  the  expenses  of  the 
proceeding,  shall  be  paid  by  the  person  to  be  benefited. 

Sec.  8.  Every  citizen  may  freely  speak,  w rite  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  right;  and  no  law  shall  be  passed  to  restrain  or  abridge  the 
liberty  of  speech  or  of  the  press.  In  all  criminal  prosecutions 
or  indictments  for  libels,  the  truth  may  be  given  in  evidence 
to  the  jurv;  and  if  it  shall  appear  to  the  jury,  that  the  mattor 


8 


CONSTITUTION  OF  NEW  YORK. 


charged  as  libelous  ia  true,  and  was  published  with  good 
motives,  and  for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jury  shall  have  the  right  to  determine  the  law  and  the 
fact 

Sec.  9.  The  assent  of  two-thirds  of  the  members  elected  to 
each  branch  of  the  Legislature  shall  be  requisite  to  every  bill 
appropriating  the  public  moneys  or  property  for  local  or  private 
purposes. 

Sec.  10.  No  law  shall  be  passed  abridging  the  right  of  the 
people  peaceably  to  assemble  and  to  petition  the  government, 
or  any  department  thereof,  nor  shall  any  divorce  be  granted, 
otherwise  than  by  due  judicial  proceedings;  nor  shaU  any  lottery 
hereafter  be  authorized  or  any  sale  of  lottery  tickets  allowed 
within  this  State. 

Sec.  11.  The  people  of  this  State,  in  their  right  of  sovereignty, 
are  deemed  to  possess  the  original  and  ultimate  property  in  and 
to  all  lands  within  the  jurisdiction  of  the  State;  and  all  lands 
the  title  to  which  shall  fail,  from  a defect  of  heirs,  shall  revert, 
or  escheat  to  the  people. 

Sec.  12.  All  feudal  tenures  of  every  description,  with  all  their 
incidents,  are  declared  to  be  abolished,  saving,  how- 
ever, all  rents  and  services  certain  which  at  any  time  heretofore 
have  been  lawfully  created  or  reserved. 

Sec.  13.  All  lands  | within  this  .State  are  declared  to  be 
allodial,  so  that,  subject  only  to  the  liability  to  escheat,  the  en- 
tire and  absolute  property  is  vested  in  the  owners,  according  to 
the  nature  of  their  respective  estates. 

Sec.  14.  No  lease  or  grant  of  agricultural  land,  for  a longer 
period  than  twelve  years,  hereafter  made,  in  which  shall  be 
reserved  any  rent  or  service  of  any  kind,  shall  be  valid. 

Sec.  15.  All  fines,  quarter  sales,  or  other  like  restraints  upon 
alienation  reserved  in  any  grant  of  land,  hereafter  to  be  made, 
shall  be  void. 

Sec.  IG.  No  purchase  or  contract  for  the  sale  of  lands  in 
this  State  made  since  the  fourteenth  day  of  October,  one  thou- 
sand seven  hundred  and  seventy-five;  or  which  may  hereafter 
be  made,  of,  or  with  the  Indians,  shall  be  valid,  unless  made 
under  the  authoritj^,  and  witli  the  consent  of  the  Legislature. 

Sec.  17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New'  York,  as  together  did  form  the 
law'  of  the  said  colony,  on  the  nineteeth  day  of  April,  one  thou- 


CONSTITUTION  OF  NEW  YORK. 


9 


sand  seven  hundred  and  seventy-five,  and  the  resolutions  of  the 
Congress  of  the  said  colony,  and  of  the  convention  of  the  State 
of  New  York,  in  force  on  the  twentieth  day  of  April,  one 
thousand  seven  hundred  and  seventy-seven,  which  have  not  since 
expired,  or  been  repealed  or  altered;  and  such  acts  of  the  Legis- 
lature of  this  State  as  are  now  in  force,  shall  be  and  continue 
the  laAv  of  this  State,  subject  to  such  alterations  as  the  Legisla- 
ture shall  make  concerning  the  same.  But  all  such  parts  of  the 
common  law,  and  such  of  the  said  acts,  or  parts  thereof,  as  are 
repugnant  to  this  Constitution,  are  hereby  abrogated;  and  the 
Legislature,  at  its  first  session  after  tlie  adoption  of  this  Consti- 
tution, shall  appoint  three  commissioners,  whose  duty  it  shall 
be  to  reduce  into  a written  and  systematic  code  the  whole  body 
of  the  law  of  this  State,  or  so  much  and  such  parts  thereof  as 
to  the  said  commissioners  shall  seem  practicable  and  expedient. 
And  the  said  commissioners  shall  specify  such  alterations  and 
amendments  therein  as  thej^  shall  deem  proper,  and  they  shall 
at  all  times  make  reports  of  their  proceedings  to  the  Legislature, 
when  called  upon  to  do  so;  and  the  Legislature  shall  pass  laws 
regulating  the  tenure  of  office,  the  filling  of  vacancies  therein, 
and  the  compensation  of  the  said  commissioners,  and  shall  also 
provide  for  the  publication  of  the  said  code,  prior  to  its  being 
presented  to  the  Legislature  for  adoption. 

Sec.  18.  All  grants  of  land  within  the  State,  made  by  the 
king  of  Great  Britain,  or  persons  acting  under  his  authority,  after 
the  fourteenth  day  of  October,  one  thousand  seven  hundred  and 
seventy-five,  shall  be  null  and  yoid;  but  nothing  contained  in  this 
Constitution  shall  affect  any  grants  of  land  within  this  State, 
made  by  the  authority  of  the  said  king  or  his  predecessors,  or 
shall  annul  any  charters  to  bodies  politic  and  corporate,  by  him 
or  them,  made  before  that  day;  or  shall  affect  any  such  grants  or 
charters  since  made  by  this  State,  or  by  persons  acting  under  its 
authority;  or  shall  impair  the  obligation  of  any  debts  contracted 
by  the  State,  or  individuals,  or  bodies  corporate,  or  any  other 
rights  of  property,  or  any  suits,  actions,  rights  of  action,  or  other 
proceedings  in  courts  of  justice. 

ARTICLE  II. 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years 
who  sliall  have  been  a citizen  for  ten  days  and  an  inhabitant 
of  this  State  one  year  next  preceding  an  election,  and  the  last 


10 


CONSTITUTION  OF  NEW  YORK. 


four  months  a resident  of  the  county  and  for  the  last  thirty  days 
a resident  of  the  election  district  in  which  he  may  offer  his  vote, 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  be  a resident,  and  not  elsewhere, 
for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people,  and  upon  all  questions  which  may  be  submitted  to  the 
vote  cf  the  people,  provided  that  in  time  of  war  no  elector  in 
the  actual  military  service  of  the  State,  or  of  the  United  States, 
in  the  army  or  navy  thereof,  shall  be  deprived  of  his  vote  by 
reason  of  his  absence  from  such  election  district;  and  the  Legis- 
lature shall  have  power  to  provide  the  manner  in  which  and  the 
time  and  place  at  which  such  absent  electors  may  vote,  and  for 
the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

Sec.  2.  No  person  who  shall  receive,  expect  or  offer  to  receive, 
or  pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  to 
contribute  to  another,  to  be  paid  or  used,  any  money  or  other 
valuable  thing  as  a compensation  or  reward  for  the  giving  or 
withholding  a vote  at  an  election,  or  who  shall  make  any  prom- 
ise to  influence  the  giving  or  withholding  any  such  vote,  or  who 
shall  make  or  become  directly  or  indirectly  interested  in  any 
bet  or  wager  depending  upon  the  result  of  any  election,  shall 
vote  at  such  election;  and  upon , challenge  for  such  cause,  the 
person  so  challenged,  before  the  officers  authorized  for  that  pur- 
pose shall  receive  his  vote,  shall  swear  or  affirm  before  such 
officers  that  he  has  not  received  or  offered,  does  not  expect  to 
receive,  has  not  paid,  offered  or  promised  to  pay,  contributed, 
offered  or  promised  to  contribute  to  another,  to  be  paid  or  used, 
any  money  or  other  valuable  thing  as  a compensation  or  reward 
for  the  giving  or  withholding  a vote  at  such  election,  and  has 
not  made  any  promise  to  influence  the  giving  or  withholding 
of  any  such  vote,  nor  made  or  become  directly  or  indirectly  inter- 
ested in  any  bet  or  wager  depending  upon  the  result  of  such 
election.  The  Legislature,  at  the  session  thereof  next  after  tlie 
adoption  of  this  section,  shall,  and  from  tiim^  to  time  Thereaftei' 
may,  enact  laws  excluding  from  the  I'ight  of  suffrage  all  persons 
convic'ted  of  l)ribery  or  of  any  infamous  criims 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a residence,  by  reason  of  his  presence  or 
absence,  while  employed  in  the  service  of  the  United  States;  nor 
while  engaged  in  the  navigation  of  the  waters  of  this  State,  or 


CONSTITUTION  OF  NEW  YORK. 


11 


of  the  United  States,  or  of  the  high  seas;  nor  while  a student 
of  any  seminary  of  learning;  nor  while  kept  at  any  alms-house, 
or  other  asylum,  at  public  expense;  nor  while  confined  in  any 
public  prison. 

Sec.  4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs 
the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established. 

Sec.  5.  All  elections  by  the  citizens  shall  be  by  ballot,  ex- 
cept for  such  town  officers  as  may  by  law  be  directed  to  be  other- 
wise chosen. 

ARTICLE  III. 

Section  1.  The  legislative  power  of  this  State  shall  be  vested 
in  the  Senate  and  Assembly. 

Sec.  2.  The  Senate  shall  consist  of  thirty-two  members,  and 
the  Senators  shall  be  chosen  for  two  years.  The  Assembly  shall 
consist  of  one  hundred  and  twenty-eight  members,  who  shall  be 
annually  elected. 

Sec.  3.  The  State  shall  be  divided  into  thirty-two  districts, 
to  be  called  Senate  districts,  each  of  which  shall  choose  one 
Senator.  The  districts  shall  be  numbered  from  one  to  thirty- 
two  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk, 
Richmond  and  Queens. 

District  number  two  (2)  shall  consist  of  the  county  of  Kings, 

Districts  number  three  (3),  number  four  (4),  number  five  (5), 
and  number  six  (6)  shall  consist  of  the  city  and  county  of  New 
York.  And  the  board  of  supervisors  of  said  city  and  county 
shall,  on  or  before  the  first  day  of  May,  one  thousand  eight  hun- 
dred and  forty-seven,  divide  the  said  city  and  county  into  the 
number  of  Senate  districts,  to  which  it  is  entitled,  as  near  as 
may  be  of  an  equal  number  of  inhabitants,  excluding  aliens  and 
persons  of  color  not  taxed,  and  consisting  of  convenient  and 
contiguous  territory;  and  no  Assembly  district  shall  be  divided 
in  the  formation  of  a Senate  district.  The  board  of  supervisors, 
when  they  shall  have  completed  such  division,  shall  cause  cer- 
tificates thereof,  stating  the  number  and  boundaries  of  each  dis- 
trict and  the  population  thereof,  to  be  filed  in  the  office  of  the 
Secretary  of  State,  and  of  the  clerk  of  said  city  and  county. 

District  number  seven  (7)  shall  consist  of  the  counties  of 
Westchester,  Putnam  and  Rockland. 


12 


CONSTITUTION  OF  NEW  YORK. 


District  number  eight  (8)  shall  consist  of  the  counties  of 
Dutchess  and  Columbia. 

District  number  nine  (9)  shall  consist  of  the  counties  of 
Orange  and  Sullivan. 

District  number  ten  (10)  shall  consist  of  the  counties  of  Ulster 
and  Greene. 

District  numeber  eleven  (11)  shall  consist  of  the  counties  of 
Albany  and  Schenectady. 

District  number  twelve  (12)  shall  consist  of  the  county  of 
Rensselaer. 

District  number  thirteen  (18)  shall  consist  of  the  counties  of 
Washington  and  Saratoga. 

District  number  fourteen  (14)  shall  consist  of  the  counties  of 
Warren,  Essex  and  Clinton. 

District  number  fifteen  (15)  shall  consist  of  the  counties  of 
St.  Lawrence  and  Franklin. 

District  number  sixteen  (16)  shall  consist  of  the  counties  of 
Herkimer,  Hamilton,  Fulton  and  Montgomery. 

District  number  seventeen  (17)  shall  consist  of  the  counties  of 
Schoharie  and  Delaware. 

District  number  eighteen  (18)  shall  consist  of  the  counties  of 
Otsego  and  Chenango. 

District  number  nineteen  (19)  shall  consist  of  the  county  of 
Oneida. 

District  number  twenty  (20)  shall  consist  of  the  counties  of 
Madison  and  Oswego. 

District  number  twenty-one  (21)  shall  consist  of  the  counties 
of  Jefferson  and  Lewis. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Onondaga. 

District  number  twenty-three  (23)  shall  consist  of  the  counties 
of  Cortland,  Broome  and  Tioga. 

restrict  number  twenty-four  (24)  shall  consist  of  the  counties 
of  Cayuga  and  Wayne. 

District  number  twenty-five  (25)  shall  consist  of  the  counties 
of  Tompkins,  Seneca  and  Yates. 

District  number  twenty-six  (20)  shall  consist  of  the  counties 
of  Steuben  and  Chemung. 

District  number  twenty-seven  (27)  shall  consist  of  the  county 
of  Monroe. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties  of 
Orleans,  Genesee  and  Niagara. 


CONSTITUTION  OF  NEW  YORK. 


13 


District  number  twenty-nine  (29)  shall  consist  of  the  counties 
of  Ontario  and  Livingston. 

District  number  thirty  (30)  shall  consist  of  the  counties  of 
AUegany  and  Wyoming. 

District  number  thirty-one  (31;  shall  consist  of  the  county  of 
Erie. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of 
Chautauqua  and  Cattaraugus. 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall 
be  taken,  under  the  direction  of  the  Legislature,  in  the  year  one 
thousand  eight  hundred  and  fifty-five,  and  at  the  end  of  every 
ten  years  thereafter;  and  the  said  districts  shall  be  so  altered 
by  the  Legislature,  at  the  first  session  after  the  return  of  every 
enumeration,  that  each  Senate  district  shall  contain,  as  nearly 
as  may  be,  an  equal*  number  of  inhabitants,  excluding  aliens, 
and  persons  of  color  not  taxed;  and  shall  remain  unaltered  until 
the  return  of  another  enumeration,  and  shall  at  all  times  consist 
of  contiguous  territory;  and  no  county  shall  be  divided  in  the 
formation  of  a Senate  district,  except  such  county  shall  be 
equitably  entitled  to  two  or  more  Senators. 

Sec.  5.  The  Assembly  shall  consist  of  one  hundred  and 
twenty-eight  members,  elected  for  one  year.  The  members  of 
Assembly  shall  be  apportioned  among  the  several  counties  of  the 
State,  by  the  Legislature,  as  nearly  as  may  be,  according  to  the 
number  of  their  respective  inhabitants,  excluding  aliens,  and 
shall  be  chosen  by  single  districts.  The  Assembly  districts  shall 
remain  as  at  present  organized,  until  after  the  enumeration  of 
the  inhabitants  of  the  State,  in  the  year  eighteen  hundred  and 
seventy-five.  The  Legislature,  at  its  first  session  after  the 
return  of  every  enumeration,  shall  apportion  the  members  of 
Assembly  among  the  several  counties  of  the  State,  in  manner 
aforesaid,  and  the  board  of  supervisors  in  such  counties  as  may 
be  entitled  under  such  apportionment  to  more  than  one  member, 
except  the  city  and  county  of  New  York,  and  in  said  city  and 
county  the  board  of  aldermen  of  said  city  shall  assemble  at  such 
time  as  the  Legislature  making  such  apportionment  shall  pre- 
scribe, and  divide  their  respective  counties  into  Assembly  dis- 
tricts, each  of  which  districts  shall  consist  of  convenient  and 
contiguous  territory  equal  to  the  number  of  members  of  As- 
sembly to  which  such  counties  shall  be  entitled,  and  shall  cause 
to  be  filed  in  the  offices  of  the  Secretary  of  State  and  the  clerks 


14 


CONSTITUTION  OF  NEW  YOKK. 


of  theip  respective  counties,  a description  of  such  districts, 
specifying  the  number  of  each  district  and  the  population 
thereof,  according  to  the  last  preceding  enumeration  as  near  as 
can  be  ascertained,  and  the  apportionment  and  districts  shall 
remain  unaltered  until  another  enumeration  shall  be  made  as 
herein  provided.  No  town  shall  be  divided  in  the  formation  of 
Assembly  disti'icts.  Every  county  heretofore  established  and 
separately  organized,  except  the  county  of  Hamilton,  shall 
always  be  entitled  to  one  member  of  the  Assembly,  and  no  new 
county  shall  be  hereafter  erected,  unless  its  population  shall 
entitle  it  to  a member.  The  county  of  Hamilton  shall  elect  with 
the  county  of  Fulton,  until  the  population  of  the  county  of 
Hamilton  shall,  according  to  the  ratio,  be  entitled  to  a member. 
But  the  Legislature  may  abolish  the  said  county  of  Hamilton, 
and  annex  the  territory  thereof  to  some  other  county  or  counties. 
Nothing  in  this  section  shall  prevent  division  at  any  time  of 
counties  and  towns,  and  the  erection  of  new  towns  and  counties 
by  The  Legislature. 

Sec.  6.  Each  member  of  the  Legislature  shall  receive  for  his 
services  an  annual  salary  of  one  thousand  five  hundred  dollars. 
The  members  of  either  house  shall  also  receive  the  sum  of  one 
dollar  for  every  ten  miles  they  shall  travel,  in  going  to  and 
returning  from  their  place  of  meeting,  once  in  each  session,  on 
the  most  usual  route.  Senators,  when  the  Senate  alone  is  con> 
vened  in  extraordinary  session,  or  when  serving  as  members  of 
the  court  for  the  trial  of  impeachments,  and  such  members  of 
the  Assembly,  not  exceeding  nine  in  number,  as  shall  be 
appointed  managers  of  an  impeachment,  shall  receive  an  addi- 
tional allowance  of  ten  dollars  a day. 

Sec.  7.  No  member  of  the  Legislature  shall  receive  any  civil 
appointment  within  this  State,  or  the  Senate  of  the  United 
States,  from  the  Governor,  the  Governor  and  Senate,  or  from  the 
Legislature,  or  from  any  city  government,  during  the  time  for 
w^hich  he  shall  have  been  elected;  and  all  such  appointments 
and  all  votes  given  for  any  such  member  for  such  office  or 
appointment  shall  be  void. 

Sec.  8.  No  person  shall  be  eligible  to  the  Legislature  who,  at 
the  time  of  his  election,  is,  or  wuthin  one  hundred  days  previous 
thereto  has  been,  a member  of  Congress,  a civil  or  military  officer 
under  the  United  States,  or  an  officer  under  any  city  government. 
And  if  any  person  shall,  after  his  election  as  a member  of  the 


CONSTITUTION  OF  NEW  YORK. 


15 


Legislature,  be  elected  to  Congress,  or  appointed  to  any  office, 
civil  or  military,  under  the  government  of  the  United  States,  or 
under  any  city  government,  his  acceptance  thereof  shall  vacate 
his  seat. 

Sec.  9.  The  elections  of  Senators  and  Members  of  Assembly, 
pursuant  to  the  provisions  of  this  Constitution,  shall  be  held  on 
the  Tuesday  succeeding  the  first  Monday  of  November,  unless 
otherwise  directed  by  the  Legislature. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum 
to  do  business.  Each  house  shall  determine  the  rules  of  its  own 
proceedings,  and  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members;  shall  choose  its  own  officers;  and 
the  Senate  shall  choose  a temporary  president,  when  the  Lieu- 
tenant-Governor shall  not  attend  as  president,  or  shall  act  as 
Governor. 

Sec.  11.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  may  require  secrecy. 
The  doors  of  each  house  shall  be  kept  open,  except  when  the 
public  welfare  shall  require  secrecy.  Neither  house  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  two  days. 

Sec.  12.  For  any  speech  or  debate  in  either  house  of  the 
I.egislature,  the  members  shall  not  be  questioned  in  any  other 
place.  ! 

Sec.  13.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  all  bills  passed  by  one  house  may  be  amended  by  the 
other. 

Sec.  14.  The  enacting  clause  of  all  bills  shall  be  The  People 
of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  folloAvs,’^  and  no  law  shall  be  enacted  except  by  bill. 

Sec.  15.  No  bill  shall  be  passed  unless  by  the  assent  of  a 
majority  of  all  the  members  elected  to  each  branch  of  the  Legis- 
lature, and  the  question  upon  the  final  passage  shall  be  taken 
immediately  upon  its  last  reading,  and  the  yeas  and  nays 
entered  on  the  journal. 

Sec.  16.  No  private  or  local  biU,  which  may  be  passed  by  the 
Legislature,  shall  embrace  more  than  one  subject,  and  that  shall 
bo  expressed  in  the  title. 

Sec.  17.  No  act  shall  be  passed  which  shall  provide  that 
any  existing  law,  or  any  part  thereof,  shall  be  made  or  deemed  a 


IG 


CONSTITUTION  OF  NEW  YORK. 


part  of  said  act,  or  which  shall  enact  that  any  existing  law,  or 
any  part  thereof,  shall  be  applicable,  except  by  inserting  it  in 
such  act. 

Sec.  18.  The  Legislature  shall  not  pass  a private  or  local  bill 
in  auy  of  the  following  cases: 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  or  conducting  of  elections  or  designating  places 
of  voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allow- 
ances of  public  officers,  during  the  term  for  which  said  officers 
are  elected  or  appointed. 

Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
any  exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for 
such  purposes,  except  on  the  Hudson  river  below  Waterford, 
and  on  the  East  river,  or  over  the  waters  forming  a part  of  the 
boundaries  of  the  State. 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which,  in  its 
judgment,  may  be  provided  for  by  general  laws.  But  no  law  shall 
authorize  the  construction  or  operation  of-  a street  railroad 
except  upon  the  condition  that  the  consent  of  the  owners  of  one- 
half  in  value  the  property  bounded  on,  and  the  consent  also  of  the 
local  authorities  having  the  control  of  that  portion  of  a street 
or  highway  upon  which  it  is  proposed  to  construct  or  operate 
each  railroad  be  first  obtained,  or  in  case  the  consent  of  such 
property  owners  cannot  be  obtained,  the  General  Term  of  the 
Supreme  Court,  in  the  district  in  which  it  is  proposed  to  be  con- 
structed, may,  upon  application,  appoint  three  commissioners 
who  shall  determine,  after  a hearing  of  all  parties  interested, 


CONSTITUTION  OF  NEW  YORK. 


17 


whether  such  railroad  ought  to  be  coustructed  or  operated,  and 
their  determination,  confirmed  by  the  court,  may  be  taken  in 
lieu  of  the  consent  of  the  property  owners. 

Sec.  19.  The  Legislature  shall  neither  audit  nor  allow  an> 
private  claim  or  account  against  the  State,  but  may  appropriate 
money  to  pay  such  claims  as  shall  have  been  audited  and  allowed 
according  to  law. 

Sec.  20.  Every  law  which  imposes,  continues  or  revives  a tax 
shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to  be 
applied,  and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to 
fix  such  tax  or  object. 

Sec.  21.  On  the  final  passage,  in  either  house  of  the  Legisla- 
ture, of  any  act  which  imposes,  continues  or  revives  a tax,  or 
creates  a debt  or  charge,  or  makes,  continues  or  revives  any 
appropriation  of  public  or  trust  money  or  property,  or  releases, 
discharges  or  commutes  any  claim  or  demand  of  the  State,  the 
question  shall  be  taken  by  yeas  and  nays,  which  shall  be  duly 
entered  upon  the  journals,  and  three-fifths  of  all  the  members 
elected  to  either  house  shall,  in  all  such  cases,  be  necessary  to 
constitute  a quorum  therein. 

Sec.  22.  There  shall  be  in  the  several  counties,  except  in 
cities  whose  boundaries  are  the  same  as  those- of  the  county,  a 
board  of  supervisors,  to  be  composed  of  such  members,  and 
elected  in  such  manner,  and  foi‘  such  period,  as  is  or  may  be 
provided  by  law.  In  any  such  city  the  duties  and  powers  of  a 
board  of  supervisors  may  be  devolved  upon  the  common  council 
or  board  of  aldermen  thereof. 

Sec.  23.  The  Legislature  shall,  by  general  laws,  confer  upon 
the  boards  of  supervisors  of  the  several  counties  of  the  State 
such  further  powers  of  local  legislation  and  administration  as 
the  Legislature  may,  from  time  to  time,  deem  expedient. 

Sec.  24.  The  Legislature  shall  not,  nor  shall  the  common 
council  of  any  city,  nor  any  board  of  supervisors,  grant  any  extra 
compensation  to  any  public  officer,  servant,  agent  or  contractor. 

Sec.  25.  Sections  seventeen  and  eighteen  of  this  article  shall 
not  apply  to  any  bill,  or  the  amendments  to  any  bill,  which  shall 
be  reported  to  the  Legislature  by  commissioners  who  have  been 
appointed  pursuant  to  law  to  revise  the  statutes. 


18 


CONSTITUTION  OF  NEW  YOKK. 


ARTICLE  IV. 

Section  1.  Tlu^  executive  power  shall  he  vested  in  a Oovernor, 
who  shall  hold  his  office  for  three  years;  a Lieutenant-Governor 
shall  be  chosen  at  the  same  time,  and  for  the  same  term.  The 
Governor  and  Lieutenant-Governor  elected  next  preceding  the 
time  when  this  section  shall  take  effect  shall  hold  office  during 
the  term  for  which  they  were  elected. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor,  except  a citizen  of  the  United  States, 
of  the  age  of  not  less  than  thirty  years,  and  who  shall  have  been 
five  years,  next  preceding  his  election,  a resident  of  this  State. 

Sec.  3.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  at  the  times  and  places  of  choosing  members  of  the 
Assembly.  The  persons  respectWely  having  the  highest  number 
of  votes  for  Governor  and  Lieutenant-Governor  shall  be  elected; 
but  in  case  two  or  more  shall  have  an  equal  and  the  highest 
number  of  votes  for  Governor,  or  for  Lieutenant-Governor,  the 
two  houses  of  the  Legislature,  at  its  next  annual  session,  shall, 
forthwith,  by  joint  ballot,  choose  one  of  the  said  persons  so 
having  an  equal  and  the  highest  number  of  votes  for  Governor 
or  Lieutenant-Governor. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces  of  the  State.  He  shall  have  power  to 
convene  the  Legislature  (or  the  Senate  only)  on  extraordinary 
occasions.  At  extraordinary  sessions  no  subject  shall  be  acted 
upon,  except  such  as  the  Governor  may  recommend  for  consid- 
eration. He  shall  communicate  by  message  to  the  Legislature 
at  every  session  the  condition  of  the  State,  and  recommend  such 
matters  to  them  as  he  shall  judge  expedient.  He  shall  transact 
all  necessary  business  with  the  officers  of  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be 
resolved  upon  by  the  Legislature,  and  shall  take  care  that  the 
laws  are  faithfully  executed.  He  shall  receive  for  his  services 
an  annual  salary  of  ten  thousand  dollars,  and  there  shall  be  pro- 
vided for  his  use  a suitable  and  furnished  executive  residence. 

Sec.  5.  The  Governor  shall  have  the  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  upon  such  conditions 
and  with  such  restrictions  and  limitations,  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law 


COXSTITT  TION  OF  NEW  YORK. 


19 


relative  to  the  manner  of  applying  for  pardons.  Upon  conviction 
for  treason,  he  shall  have  power  to  suspend  the  execution  of  the 
sentence,  until  the  case  shall  he  reported  to  the  Legislature  at 
its  next  meeting,  when  the  Legislature  shall  either  pardon,  or 
commute  the  sentence,  direct  the  execution  of  the  sentence,  or 
grant  a further  reprieve.  He  shall  annually  communicate  to  the 
Legislature  each  case  of  reprieve,  commutation  or  pardon 
granted ; stating  the  name  of  the  convict,  the  crime  of  which  he 
was  convicted,  the  sentence  and  its  date,  and  the  date  of  the 
commutation,  pardon  or  reprieve. 

Sec.  6.  In  case  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  resignation  or  absence  from  the  State, 
the  powers  and  duties  of  the  office  shall  devolve  upon  the 
Lieutenant-Governor  for  the  residue  of  his  term,  or  until  the 
disability  shall  cease.  But  when  the  Governor  shall,  with  the 
consent  of  the  Legislature,  be  out  of  the  State,  in  time  of  war, 
at  the  head  of  a military  force  thereof,  he  shall  continue  Com- 
mander-in-Chief  of  all  the  military  force  of  the  State. 

Sec.  7.  The  Lieutenant-Governor  shall  possess  the  same 
qualifications  of  eligibility  for  office  as  the  Governor.  He  shall 
be  president  of  the  Senate,  but  shall  have  only  a casting  vote 
therein.  If  during  a vacancy  of  the  office  of  Governor,  the 
Lieutenant-Governor  shall  be  impeached,  displaced,  resign,  die, 
or  become  incapable  of  performing  the  duties  of  his  office,  or  be 
absent  from  the  State,  the  President  of  the  Senate  shall  act  as 
Governor  until  the  vacancy  be  filled,  or  the  disability  shall  ceage. 

Sec.  8.  The  Lieutenant-Governor  shall  receive  for  his  services 
an  annual  salary  of  five  thousand  dollars,  and  shall  not  receive 
or  be  entitled  to  any  other  compensation,  fee  or  perquisite  for 
any  duty  or  service  he  may  be  required  to  perform  by  the  Con- 
stitution or  by  law. 

Sec.  9.  Every  bill  wffiich  shall  have  passed  the  Senate  and 
Assembly  shall,  before  it  becomes  a law,  be  presented  to  the 
Governor;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  the  house  in  which  it  shall  have 
originated,  which  shall  enter  the  objections  at  large  on  the 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, two-thirds  of  the  members  elected  to  that  house  shall  agree 
to  pass  the  bill,  it  shall  be  sent  together  with  the  objections  to 
the  other  house  by  which  it  shall  likewise  be  reconsidered;  and 


20 


CONSr^TlTUTION  OF  NEW  YORK. 


if  approved  by  two-thirds  of  the  members  elected  to  that  house, 
it  shall  become  a law  notwithstanding  the  objections  of  the 
Governor.  In  all  such  cases,  the  votes  in  both  houses  shall  .be 
determined  b.y  yeas  and  nays,  and  the  names  of  the  members 
voting  shall  be  .entered  on  the  journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  Governor  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  a law  in  like  manner  as  if  he  had 
signed  it,  unless  the  Legislature  shall,  by  their  adjournment, 
prevent  its  return,  in  which  case  it  shall  not  become  a law  with- 
out the  approval  of  the  Governor.  No  bill  shall  become  a law 
after  the  final  adjournment  of  the  Legislature,  unless  approved 
by  the  Governor  within  thirty  days  after  such  adjournment. 
If  any  bill  presented  to  the  Governor  contain  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more  of  such 
items  while  approving  of  the  other  portion  of  the  bill.  In  such 
case,  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a 
statement  of  the  items  to  which  he  objects;  and  the  appropria- 
tion so  objected  to  shall  not  take  effect.  If  the  Legislature  be  in 
session,  he  shall  transmit  to  the  house  in  which  the  bill  origi- 
nated a copy  of  such  statement,  and  the  items  objected  to  shall 
be  separately  reconsidered.  If,  on  reconsideration,  one  or  more 
of  such  items  be  approved  by  two-thirds  of  the  members  elected 
to  each  house,  the  same  shall  be  part  of  the  law,  notwithstanding 
the  objections  of  the  Governor.  All  the  profusions  of  this  section, 
in  relation  to  bills  not  approved  by  the  Governor,  shall  apply  in 
cases  in  which  he  shall  withhold  his  approval  from  any  item  or 
items  contained  in  a bill  appropriating  money. 

ARTICLE  V. 

Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer 
and  Attorney-General  shall  be  chosen  at  a general  election,  and 
shall  hold  their  offices  for  two  years.  Each  of  the  officers  in  this 
article  named  (except  the  Speaker  of  the  Assembly)  shall,  at 
stated  times,  during  his  continuance  in  office,  receive  for  his 
services  a compensation,  which  shall  not  be  increased  or  dimin- 
ished during  the  term  for  which  he  shall  have  been 
elected;  nor  shall  he  receive,  to  his  use,  any  fees  or  perquisites 
of  office,  or  other  compensation. 

Sec.  2.  A State  Engineer  and  Surveyor  shall  be  chosen  at  a 
general  election,  and  shall  hold  his  office  two  years,  but  no  per- 
son shall  be  elected  to  said  office  who  is  not  a practical  engineer. 


(X)XSTITl  TTOX  OF  XEW  YOKK. 


21 


Sec.  3.  A Superintendent  of  Public  Works  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  hold  his  office  until  the  end  of  the  term  of  the 
Governor  by  whom  he  was  nominated,  and  until  his  successor 
is  appointed  and  qualified.  He  shall  receive  a compensation  to 
be  fixed  by  law.  He  shall  be  required  by  law  to  give  security 
for  the  faithful  execution  of  his  office  before  entering  upon  the 
duties  thereof.  He  shall  be  charged  with  the  execution  of  all 
laws  relating  to  the  repair  and  navigation  of  the  canals,  and  also 
of  those  relating  to  the  construction  and  improvement  of  the 
canals,  except  so  far  as  the  execution  of  the  laws  relating  to 
such  construction  or  improvement  shall  be  confided  to  the  State 
Engineer  and  Surveyor;  subject  to  the  control  of  the  Legis- 
lature, he  shall  make  the  rules  and  regulations  for  the  naviga- 
tion or  use  of  the  canals.  He  may  be  suspended  or  removed 
from  office  by  the  Governor,  whenever,  in  his  judgment,  the 
public  interest  shall  so  require;  but  in  case  of  the  removal  of 
such  Superintendent  of  Public  Works  from  office,  the  Governor 
shall  file  with  the  Secretan^  of  State  a statement  of  the  cause 
of  such  removal,  and  shall  report  such  removal,  and  the  cause 
thereof,  to  the  Legislature  at  its  next  session.  The  Superin- 
tendent of  Public  Works  shall  appoint  not  more  than  three 
assistant  superintendents,  whose  duties  shall  be  prescribed  by 
him,  subject  to  modification  by  the  Legislature,  and  who  shall 
receive  for  their  serGces  a compensation  to  be  fixed  by  law. 
They  shall  hold  their  office  for  three  3^ears,  subject  to  suspension 
or  removal  by  the  Superintendent  of  Public  Works,  whenever, 
in  his  judgment,  the  public  interest  shall  so  require.  Any 
vacancy  in  the  office  of  any  such  assistant  superintendent  shall 
be  filled  for  the  remainder  of  the  term  for  which  he  was 
appointed,  by  the  Superintendent  of  Public  Works;  but  in  case 
of  the  suspension  or  removal  of  any  such  assistant  superintend- 
ent by  him,  he  shall  at  once  report  to  the  Governor,  in  writing, 
the  cause  of  such  removal.  All  other  persons  employed  in  the 
care  and  management  of  the  canals,  except  collectors  of  tolls, 
and  those  in  the  department  of  the  State  Engineer  and  Surveyor, 
shall  be  appointed  by  the  Superintendent  of  Public  Works,  and 
be  subject  to  suspension  or  removal  by  him.  The  office  of  Canal 
Commissioner  is  abolished  from  and  after  the  appointment  and 
qualification  of  the  Superintendent  of  Public  Works,  until  which 
time  the  Canal  Commissioners  shall  continue  to  discharge  their 


oo 


CONSTITUTION  OF  NEW  YORK. 


duties  as  now  provided  by  law.  The  Superintendent  of  Public 
Works  shall  perform  aU  the  duties  of  the  Canal  Commissioners, 
and  Board  of  Canal  Commissioners,  as  now  declared 
by  law,  until  otherwise  provided  by  the  Legislature.  The 
Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  have  power  to  fill  vacancies  in  the  office  of  Superin- 
tendent of  Public  Works;  if  the  Senate  be  not  in  session,  he- may 
grant  commissions  which  shall  expire  at  the  end  of  the  next 
succeeding  session  of  the  Senate. 

Sec.  4.  A Superintendent  of  State  Prisons  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  hold  his  office  for  five  years,  unless  sooner  removed; 
he  shall  give  security  in  such  amount,  and  with  such  sureties  as 
shall  be  required  by  law  for  the  faithful  discharge  of  his  duties ; 
he  shall  have  the  superintendence,  management  and  control  of 
State  prisons,  subject  to  such  laws  as  now  exist  or  may  hereafter 
be  enacted;  he  shall  appoint  the  agents,  wardens,  physicians 
and  chaplains  of  the  prisons.  The  agent  and  warden  of  each 
prison  shall  appoint  all  other  officers  of  such  prison,  except  the 
clerk,  subject  to  the  approval  of  the  same  by  the  Superintendent. 
The  Comptroller  shall  appoint  the  clerks  of  the  prisons.  The 
Superintendent  shall  have  all  the  powers  and  perform  all  the 
duties  not  inconsistent  herewith,  which  have  heretofore  been 
had  and  performed  by  the  Inspectors  of  State  Prisons;  and  from 
and  after  the  time  when  such  Superintendent  of  State  Prisons 
shall  have  been  appointed  and  qualified,  the  office  of  Inspector 
of  State  Prisons  shall  be  and  hereby  is  abolished.  The  Governor 
may  remove  the  Superintendent  for  cause  at  any  time,  giving 
to  him  a copy  of  the  charges  against  him,  and  an  opportunity 
to  be  heard  in  his  defense. 

Sec.  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly, 
Secretary  of  State,  Comptroller,  Treasurer,  Attorney-General  and 
State  Engineer  and  Surveyor  shall  be  the  commissioners  of  the 
land  office.  The  Lieutenant-Governor,  Secretary  of  State,  Comp- 
troller, Treasurer  and  Attorney-General  shall  be  the  commis- 
sioners of  the  canal  fund.  The  canal  board  shall  consist  of  the 
commissioners  of  the  canal  fund,  the  State  Engineer  and  Sur- 
veyor and  the  canal  commissioners. 

Sec.  6.  The  powers  and  duties  of  the  respective  boards,  and 
of  the  several  officers  in  this  article  mentioned,  shall  be  such  as 
now  are  or  hereafter  may  be  prescribed  b}^  law. 


CONSTITUTION  OU  NEW  YOEK. 


Sec.  7.  The  Treasurer  may  be  suspended  from  office  by  the 
Governor,  during  the  recess  of  the  Legislature,  and  until  thirty 
days  after  the  commencement  of  the  next  session  of  the  Legisla- 
ture, whenever  it  shall  appear  to  him  that  such  Treasurer  has, 
in  any  particular,  violated  his  duty.  The  Governor  shall  appoint 
a competent  person  to  discharge  the  duties  of  the  office  during 
such  suspension  of  the  Treasurer. 

Sec.  8.  All  offices  for  the  weighing,  gauging,  measuring,  cull- 
ing or  inspecting  any  merchandise,  produce,  manufacture  or  com- 
modity whatever,  are  hereby  abolished,  and  no  such  office  shall 
hereafter  be  created  by  law;  but  nothing  in  this  section  con- 
tained shall  abrogate  any  office  created  for  the  purpose  of  pro- 
tecting the  public  health  or  the  interests  of  the  State  in  its  prop- 
erty, revenue,  tolls  or  purchases,  or  of  supplying  the  people  with 
correct  standards  of  weights  and  measures,  or  shall  prevent  the 
creation  of  any  office  for  such  purposes  hereafter. 

ARTICLE  VI. 

Section  1.  The  Assembly  shall  have  the  power  of  impeach- 
ment, by  a vote  of  the  majority  of  all  the  members  elected.  The 
court  for  the  trial  of  impeachments  shall  be  composed  of  the 
president  of  the  Senate,  the  Senators,  or  a major  part  of  them, 
and  the  judges  of  the  Court  of  Appeals,  or  the  major  part  of 
them.  On  the  trial  of  an  impeachment  against  the  Governor, 
the  Lieutenant-Governor  shall  not  act  as  a member  of  the  court. 
No  judicial  officer  shall  exercise  his  office,  after  articles  of  im- 
peachment against  him  shall  have  been  preferred  to  the  Senate, 
until  he  shall  have  been  acquitted.  Before  the  trial  of  an 
impeachment,  the  members  of  the  court  shall  take  an  oath  or 
affirmation,  truly  and  impartially  to  try  the  impeachment, 
according  to  evidence;  and  no  person  shall  be  competed  without 
the  concurrence  of  two-thirds  of  the  members  present.  Judgment 
in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust  or  profit,  under  this 
State;  but  the  party  impeached  shall  be  liable  to  indictment 
and  punishment  according  to  law. 

Sec.  2.  There  shall  be  a Court  of  Appeals,  composed  of  a 
chief  judge  and  six  associate  judges,  who  shall  be  chosen  by  the 
electors  of  the  State,  and  shall  hold  their  office  for  the  term  of 
fourteen  years  from  and  including  the  first  day  of  January  next 


24 


COXSTITUTION  OF  NP:W  YOEK. 


after  their  election.  At  the  first  election  of  judges,  under  this 
Constitution,  every  elector  may  vote  for  the  chief  and  only  four 
of  the  associate  judges.  Any  five  members  of  the  court  shall 
form  a quorum,  and  the  concurrence  of  four  shall  be  necessary 
to  a decision.  The  court  shall  have  the  appointment,  with  the 
power  of  removal,  of  its  reporter  and  clerk,  and  of  such  attend- 
ants as  may  be  necessarj^ 

Sec.  3.  When  a vacancy  shall  occur,  otherwise  than  by  expi- 
ration of  term,  in  the  office  of  chief  or  associate  judge  of  the 
Court  of  Appeals,  the  same  shall  be  filled,  for  a full  term,  at  the 
next  general  election  happening  not  less  than  three  months 
after  such  vncamw  occurs;  and  until  the  vacancy  shall  be  so  filled, 
the  Governor  by  and  with  the  advice  and  consent  of  the  Senate, 
if  the  Senate  shall  be  in  session,  or  if  not,  the  Governor  alone, 
may  appoint  to  fill  such  vacancy.  If  any  such  appointment  of 
chief  judge  shall  be  made  from  among  the  associate  judges,  a 
temporary  appointment  of  associate  judge  shall  be  made  in  like 
manner;  but  in  such  case,  the  person  appointed  chief  judge  shall 
not  be  deemed  to  vacate  his  office  of  associate  judge  any  longer 
than  until  the  expiration  of  his  appointment  as  chief  judge.  The 
powers  and  jurisdiction  of  the  court  shall  not  be  suspended  for 
want  of  appointment  or  election,  when  the  number  of 
judges  is  sufficient  to  constitute  a quorum.  All  appoint- 
ments under  this  section  shall  continue  until  and  includ- 
ing the  last  day  of  December  next  after  the  election  at  which 
the  vacancy  shall  be  filled. 

Sec.  4.  Upon  the  organization  of  the  Court  of  Appeals,  under 
this  article,  the  causes  then  pending  in  the  present  Court  of 
Appeals  shall  become  vested  in  the  Court  of  Appeals  hereby 
established.  Such  of  said  causes  as  are  pending  on  the  first  day 
of  January,  eighteen  hundred  and  sixty-nine,  shall  be  heard  and 
determined  by  a commission,  to  be  composed  of  fiA^e  commission- 
ers of  appeals,  four  of  whom  shall  be  necessarj^  to  constitute  a 
quorum;  but  tlie  Court  of  Appeals  hereby  established  may  order 
any  of  said  causes  to  be  heard  therein.  Such  commission  shall 
be  composed  of  the  judges  of  the  present  Court  of  Appeals, 
elected  or  appointed  thereto,  and  a fifth  commissioner,  who  shall 
be  appointed  by  the  Governor,  by  and  with  the  adAUce  and  con- 
sent of  the  Senate;  or,  if  the  Senate  be  not  in  session,  by  the 
Governor;  but  in  such  case,  the  appointment  shall  expire  at  the 
end  of  the  next  session. 


COXSTITUTJOX  OF  XFW  YOKK. 


Sec.  5.  If  any  vacancy  shall  occur  in  the  office  of  the  said 
commissioners,  it  shall  be  filled  by  appointment  by  the  Governor 
by  and  with  the  advice  and  consent  of  the  Senate;  or  if  the 
Senate  is  not  in  session,  by  the  Governor;  but  in  such  case,  the 
appointment  shall  expire  at  the  end  of  the  next  session.  The 
commissioners  shall  appoint,  from  their  number,  a chief  commis- 
sioner; and  may  appoint  and  remove  such  attendants  as  may  be 
necessary.  The  reporter  of  the  Court  of  Appeals  shall  be  the 
reporter  of  said  commission.  The  decisions  of  the  commission 
shall  be  certified  to,  and  entered  and  enforced,  as  the  judgments 
of  the  Court  of  Appeals.  The  commission  shall  continue  until 
the  causes  committed  to  it  are  determined,  but  not  exceeding 
three  years;  and  all  causes  then  undetermined  shall  be  heard  by 
the  Court  of  Appeals. 

Sec.  6.  There  shall  be  the  existing  Supreme  Court,  with 
general  jurisdiction  in  law  and  equity,  subject  to  such  appellate 
jurisdiction  of  the  Court  of  Appeals  as  now  is  or  may  be  pre- 
scribed by  law;  and  it  shall  be  composed  of  the  justices  now  in 
office,  with  one  additional  justice,  to  be  elected  as  hereinafter 
provided,  who  shall  be  continued  during  their  respective  terms, 
and  of  their  successors.  The  existing  judicial  districts  of  the 
State  are  continued  until  changed  pursuant  to  this  section.  Five 
of  the  justices  shall  reside  in  the  district  in  which  is  the  city  of 
New  York,  and  five  in  the  second  judicial  district,  and  four  in 
each  of  the  other  districts.  The  Legislature  may  alter  the  dis- 
tricts, without  increasing  the  number,  once  after  every  enumera- 
tion, under  this  Constitution,  of  the  inhabitants  of  the  State. 
Whenever,  and  as  often  as  there  shall  be  such  an  accumulation 
of  causes  on  the  calendar  of  the  Court  of  Appeals  that  the  public 
interests  require  a more  speedy  disposition  thereof,  the  said 
court  may  certify  such  fact  to  the  Governor,  who  shall  thereupon 
designate  seven  justices  of  the  Supreme  Court  to  act  as  associate 
judges,  for  the  time  being,  of  the  Court  of  Appeals,  and  to  form 
a second  division  of  said  court,  and  who  shall  act  as  such  until 
all  the  causes  upon  the  said  calendar  at  the  time  of  the  making 
of  such  certificate  are  determined,  or  the  judges  of  said  court, 
elected  as  such,  shall  certify  to  the  Governor  that  said  causes 
are  substantially  disposed  of,  and  on  receiving  such  certificate, 
the  Governor  may  declare  said  second  division  dissolved,  and  the 
designation  of  justices  to  serve  thereon  shall  thereupon  expire. 
The  second  division  of  said  court  h(M‘eby  authorized  to  be  con- 


20 


CONSTITUTION  OF  NEW  YORK. 


stituted,  shall  be  competent  to  determine  any  causes  on  said 
calendar  which  may  be  assigned  to  such  division  by  the  court 
composed  of  judges  elected  to  serve  in  the  Court  of  Appeals,  and 
that  court  may  at  any  time  before  judgment  direct  any  of  the 
causes  so  assigned  to  be  restored  to  its  calendar  for  hearing  and 
decision.  The  rules  of  practice  in  both  divisions  shall  be  the 
same.  Five  members  of  the  court  shall  be  sufficient  to  form  a 
quorum  for  said  second  division,  and  the  concurrence  of  four 
shall  be  necessary  to  a decision.  The  judges  composing  said 
second  division  shall  appoint  from  their  number  a Chief  Judge  of 
such  division,  and  the  Governor  may  from  time  to  time,  when 
in  his  judgment  the  public  interests  may  require,  change  the 
designation  of  any  justice  of  the  Supreme  Court  to  serve  in 
such  division,  and  may  fill  any  vacancy  occurring  therein,  by 
designating  any  justice  of  the  Supreme  Court  to  fill  such  vacancy. 
Said  second  division  may  appoint  and  remove  a crier  and  such 
attendants  as  maj^  be  necessary.  The  judges  composing  said 
second  division  shall  not  during  the  time  of  their  service  therein 
exercise  any  of  the  functions  of  justices  of  the  Supreme  Court, 
nor  receive  any  salary  or  compensation  as  such  justices,  but  in 
lieu  thereof  shall  during  such  term  of  service  receive  the  same 
compensation  as  the  associate  judges  of  the  Court  of  Appeals. 
They  shall  have  power  to  appoint  the  times  and  places,  of  their 
sessions,  within  this  State,  and  the  clerk  and  reporter  of  the 
Court  of  Appeals  shall  be  clerk  and  reportor  of  said  second 
division. 

Sec.  7.  At  the  first  session  of  the  Legislature,  after  the 
adoption  of  this  article,  and  from  time  to  time  thereafter  as  may 
be  necessary,  but  not  oftener  than  once  in  five  years,  provisions 
shall  be  made  for  organizing,  in  the  Supreme  Court,  not  more 
than  four  General  Terms  thereof,  each  to  be  composed  of  a 
presiding  justice,  and  not  more  than  three  other  justices,  who 
shall  be  designated,  according  to  law,  from  the  whole  number  of 
justices.  Each  presiding  justice  shall  continue  to  act  as  such 
during  his  term  of  office.  ProAUsion  shall  be  made  by  hiAv  for 
holding  the  General  Terms  in  each  judicial  district.  Any  justice 
of  the  Supreme  Court  may  hold  Special  Terms  and  Circuit 
Couris,  and  may  ])r(‘sid(‘  in  Courts  of  Oym*  and  dhuinimu',  in  any 
countA\ 

Sec.  8.  No  judge  or  justice  shall  sit,  at  a General  Term  of  any 
court,  or  in  the  Court  of  Appeals,  in  review  of  a decision  made 


CONSTITUTION  OF  NEW  YORK. 


by  him,  or  by  any  court  of  which  he  was  at  the  time  a sittin<j 
member.  The  testimony  in  equity  cases  shall  be  taken  in  like 
manner  as  in  cases  at  law;  and  except  as  herein  otherwise  pro- 
vided, the  Legislature  shall  have  the  same  power  to  alter  and 
regulate  the  jurisdiction  and  proceedings  in  law^  and  equity  that 
they  have  heretofore  exercised. 

Sec.  9.  When  a vacancy  shall  occur,  otherwise  than  by  expi- 
ration of  term,  in  the  office  of  justice  of  the  Supreme  Court,  the 
same  shall  be  filled,  for  a full  term,  at  the  next  general  election 
happening  not  less  than  three  months  after  such  vacancy  occurs; 
and  until  any  vacancy  shall  be  so  filled,  the  Governor  by  and 
with  the  advice  and  consent  of  the  Senate,  if  the  Senate  shall  be 
in  session,  or  if  not  in  session,  the  Governor  may  appoint  to  fill 
such  vacancy.  Any  such  appointment  shall  continue  until  and 
including  the  last  day  of  December  next  after  the  election  at 
which  the  vacancy  shall  be  filled. 

Sec.  10.  The  judges  of  the  Court  of  Appeals,  and  the  justices 
of  the  Supreme  Court,  shall  not  hold  any  other  office  or  public 
trust.  All  votes  for  any  of  them,  for  any  other  than  a judicial 
office,  given  by  the  Legislature  or  the  people,  shall  be  void. 

Sec.  11.  Judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court  may  be  removed  by  concurrent  resolution  of  both 
houses  of  the  Legislature,  if  two-thirds  of  all  the  members  elected 
to  each  house  concur  therein.  All  judicial  officers,  except  those 
mentioned  in  this  section,  and  except  justices  of  the  peace  and 
judges  and  justices  of  the  inferior  courts  not  of  record,  may  be 
removed  by  the  Senate,  on  the  recommendation  of  the  Governor, 
if  two-thirds  of  all  the  members  elected  to  the  Senate  concur 
therein.  But  no  removal  shall  be  made,  by  virtue  of  this  section, 
unless  the  cause  thereof  be  entered  on  the  journals,  nor  unless 
the  party  complained  of  shall  have  been  served  with  a copy  of 
the  charges  against  him,  and  shall  have  had  an  opportunity  of 
being  heard.  On  the  question  of  removal,  the  yeas  and  nays 
shall  be  entered  on  the  journal. 

Sec.  12.  The  Superior  Court  in  the  city  of  New'  York,  the 
Court  of  Common  Ideas  for  tlie  city  and  county  of  Noav  York,  the 
Superior  Court  of  Buffalo,  and  the  City  Court  of  Brooklyn,  are 
continued  with  the  pow'ers  and  jurisdiction  they  now'  severally 
have,  and  such  further  civil  and  criminal  jurisdiction  as  may  be 
conferred  by  law.  The  Superior  Court  of  New  York  shall  be 
composed  of  the  six  judges  in  office  at  the  adoption  of  this 


28 


CONSTITUTION  OF  NEW  YORK. 


article,  and  their  successors.  The  Court  of  Common  Pleas  of  New 
Y"ork,  of  the  three  judges  then  in  office,  and  their  successors,  and 
three  additional  judges.  The  Superior  Court  of  Buffalo,  of  the 
judges  now  in  office,  and  their  successors;  and  the  City  Court  of 
Brooklyn,  of  such  number  of  judges,  not  exceeding  three,  as  may 
be  provided  by  law.  The  judges  of  said  courts,  in  office  at  the 
adoption  of  this  article,  are  continued  until  the  expiration  of 
their  terms.  .V  chief  judge  shall  be  appointed  by  the  judges  of 
each  of  said  courts,  from  their  own  number,  who  shall  act  as 
such  during  his  official  term.  Vacancies  in  the  office  of  the  judges 
named  in  this  section,  occurring  otherwise  than  by  expiration  of 
term,  shall  be  filled  in  the  same  manner  as  vacancies  in  the 
Supreme  Court.  The  Legislature  may  provide  for  detailing 
judges  of  the  Superior  Court  and  Court  of  Common  Pleas  of 
Ncav  Y^ork,  to  hold  Circuits  and  Special  Terms  of  the  Supreme 
Court  of  that  city,  and  for  detailing  judges  of  the  City  Court  of 
Brooklyn  to  hold  Circuits  and  Special  Terms  of  the  Supreme 
Court  in  Kings  county,  as  the  public  interest  may  require. 

Sec.  13.  Justices  of  the  Supreme  Court  shall  be  chosen  by  the 
electors  of  their  respective  judicial  districts.  Judges  of  all  courts 
mentioned  in  the  last  preceding  section  shall  be  chosen  by  the 
electors  of  the  cities  respectively  in  which  said  courts  are  insti- 
tuted. The  official  terms  of  the  said  justices  and  judges  who  shaU 
be  elected  after  the  adoption  of  this  article,  shall  be  fourteen 
years  from  and  including  the  first  day  of  January  next  after  their 
election.  But  no  person  shall  hold  the  office  of  justice  or  judge 
of  any  court  longer  than  until  and  including  the  last  day  of 
December  next,  after  he  shall  be  seventy  years  of  age.  The  com- 
pensation of  every  judge  of  the  Court  of  Appeals  and  of  every 
justice  of  the  Supreme  Court,  whose  term  of  office  shall  be 
abridged  pursuant  to  this  provision,  and  wlio  shall  have  served 
as  such  judge  or  justice  ten  years  or  more,  shall  be  continued 
during  the  remainder  of  tlm  term  for  which  he  was  elected. 

Sec.  14.  The  judges  and  justices  hereinbefore  mentioned  shall 
receive  for  their  services  a compensation  to  be  established  by 
law,  which  shall  not  be  diminished  during  their  official  terms. 
Except  the  judg(‘s  of  the  Court  of  Apjx'als  and  the  justices  of 
the  Supreme  Couil,  they  shall  be  paid,  and  the  expenses  of 
their  couils  defraycMl,  by  ihe  cities  or  counties  in  which  such 
courts  are  instituted,  as  shall  be  provided  by  law. 


CONSTITUTION  OF  NEW  YOKK. 


139 


Sec.  15.  The  existing  County  Courts  are  continued,  and  the 
judges  thereof  in  office  at  the  adoption  of  this  article  shall  hold 
their  offices  until  the  expiration  of  their  respective  terms.  Their 
successors  shall  be  chosen  by  the  electors  of  the  counties,  for 
the  term  of  six  years.  The  County  Court  shall  have  the  powers 
and  jurisdiction  they  now  possess,  until  altered  by  the  Legisla- 
ture. They  shall  also  have  original  jurisdiction  in  all  cases  where 
the  defendants  reside  in  the  countv  and  in  which  the  damages 

4 

claimed  shall  not  exceed  one  thousand  dollars;  and  also  such 
appellate  jurisdiction  as  shall  be  provided  by  law,  subject,  how- 
ever, to  such  provision  as  shall  be  made  b}'  law  for  the  removal 
of  causes  into  the  Supreme  Court.  They  shall  also  have  such 
other  original  jurisdiction  as  shall,  from  time  to  time,  be  conferred 
upon  them  by  the  Legislature.  The  county  judge,  with  two  jus- 
tices of  the  peace,  to  be  designated  according  to  law,  may  hold 
Courts  of  Sessions,  with  such  criminal  jurisdiction  as  the  Legisla- 
ture shall  prescribe,  and  he  shall  perform  such  other  duties  as  may 
be  required  by  law.  His  salary,  and  the  salary  of  the  surrogate 
when  elected  as  a separate  officer,  shall  be  established  by  law, 
payable  out  of  the  county  treasury,  and  shall  not  be  diminished 
during  his  term  of  office.  The  justices  of  the  peace  shall  be  paid, 
for  services  in  Courts  of  Sessions,  a per  diem  allowance  out  of 
the  county  treasury.  The  county  judge  shall  also  be  surrogate  of 
his  county;  but  in  counties  having  a population  exceeding  forty 
thousand,  the  Legislature  may  provide  for  the  election  of  a 
separate  officer  to  be  surrogate,  whose  term  of  office  shall  be  the 
same  as  that  of  the  county  judge.  The  county  judge  of  any 
county  may  preside  at  Courts  of  Sessions,  or  hold  County  Courts, 
in  any  other  county,  except  New  York  and  Kings,  when  requested 
by  the  judge  of  such  other  county. 

Sec.  16.  The  Legislature  may,  on  application  of  the  board  of 
supervisors,  provide  for  the  election  of  local  officers,  not  to  exceed 
two  in  any  county,  to  discharge  the  duties  of  county  judge  and  of 
surrogate,  in  cases  of  their  inability,  or  of  a vacancy,  and  to  exer- 
cise such  other  powers  in  special  cases  as  may  be  provided  by 
law. 

Sec.  17.  The  Legislature  shall  provide  for  submitting  to  the 
electors  of  the  State,  at  the  general  election  in  the  year  eighteen 
hundred  and  seventy-three,  two  questions,  to  be  voted  upon  on 
separate  ballots,  as  follows;  First,  Shall  the  offices  of  chief  judge 
and  associate  judge  of  the  Court  of  Appeals,  and  of  justice  of  the 


30 


CONSTITUTION  OF  NEW  YORK. 


Sni>reme  Court,  be  hereafter  filled  by  appointment  ? ” If  a 
majority  of  the  votes  upon  the  question  shall  be  in  the  affirma- 
tive, the  said  officers  shall  not  thereafter  be  elective,  but,  as 
vacancies  occur,  thej'  shall  be  filled  by  appointment  by  the  Gov- 
ernor by  and  with  the  advice  and  consent  of  the  Senate;  or  if 
the  Senate  be  not  in  session,  by  the  Governor;  but  in  such  case 
he  shall  nominate  to  the  Senate  when  next  convened,  and  such 
appointment  by  the  Governor  alone  shall  expire  at  the  end  of 
that  session.  Second,  “ Shall  the  offices  of  the  judges  mentioned 
in  sections  twelve  and  fifteen  of  article  six  of  the  Constitution, 
be  hereafter  filled  by  appointment  ? ’’  If  a majority  of  the  votes 
upon  the  question  shall  be  in  the  affirmative,  the  said  officers 
shall  not  thereafter  be  elective,  but,  as  vacancies  occur,  they  shall 
be  filled  in  the  manner  in  this  section  above  provided. 

Sec.  18.  The  electors  of  the  several  towns  shall,  at  their  annual 
town  meeting,  and  in  such  manner  as  the  Legislature  may  direct, 
elect  justices  of  the  peace,  whose  term  of  office  shall  be  four  years. 
In  case  of  an  election  to  fill  a vacancy  occurring  before  the 
expiration  of  a full  term,  they  shall  hold  for  the  residue  of  the 
unexpired  term.  Their  number  and  classification  may  be  regu- 
lated by  law.  Justices  of  the  peace,  and  judges  or  justices  of 
inferior  courts  not  of  record  and  their  clerks,  may  be  removed, 
after  due  notice  and  an  opportunity  of  being  heard  by  such  courts 
as  may  be  prescribed  by  law,  for  causes  to  be  assigned  in  the 
order  of  removal.  Justices  of  the  peace  and  District  Court  juS' 
tices  shall  be  elected  in  the  different  cities  of  this  State,  in  such 
manner,  and  with  such  powers,  and  for  such  terms,  respectively, 
as  shall  be  prescribed  by  law;  all  other  judicial  officers  in  cities, 
whose  election  or  appointment  is  not  otherwise  provided  for  in 
this  article,  shall  be  chosen  by  the  electors  of  cities,  or  appointed 
by  some  local  authorities  thereof. 

Sec.  19.  Inferior  local  courts  of  civil  and  criminal  jurisdic- 
tion may  be  established  by  the  Legislature;  and  except  as  herein 
otherwise  provided,  all  judicial  officers  shall  be  elected  or 
appointed  at  such  times,  and  in  such  manner,  as  the  Legislature 
may  direct. 

Sec.  20.  Clerks  of  the  several  counties  shall  be  clerks  of  the 
vSupreme  Court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  The  clerk  of  the  Court  of  Appeals  shall  keep 
his  office  at  the  seat  of  government.  His  compensation  shall 
fixed  by  law  and  ]>aid  out  <'f  the  public  treasury. 


CONSTITUTION  OF  NEW  YOKK. 


31 


Sec.  21.  No  judicial  officer,  except  justices  of  the  peace,  shall 
receive  to  his  own  use  any  fees  or  perquisites  of  office;  nor  shall 
any  judge  of  the  Court  of  Appeals,  justice  of  the  Supreme  Court, 
or  judge  of  a court  of  record  in  the  cities  of  New  Y"ork,  Brooklyn 
or  Buffalo,  practice  as  an  attorney  or  counselor  in  any  court  of 
record  in  this  State,  or  act  as  referee. 

Sec.  22.  The  Legislature  may  authorize  the  judgments,  decrees 
and  decisions  of  any  court  of  record  of  original  civil  jurisdiction, 
established  in  a city,  to  be  removed  for  review,  directly  into  the 
Court  of  Appeals. 

vSec.  23.  The  Legislature  shall  provide  for  the  speedy  publi- 
cation of  all  statutes,  and  also  for  the  appointment  by  the  jus- 
tices of  the  Supreme  Court  designated  to  hold  General  Terms,  of 
a reporter  of  the  decisions  of  that  court.  All  laws  and  judicial 
decisions  shall  be  free  for  publication  by  any  person. 

Sec.  24.  The  first  election  of  judges  of  the  Court  of  Appeals, 
and  of  the  three  additional  judges  of  the  Court  of  Common 
Pleas  for  the  city  and  county  of  New  York  shall  take  place  on 
such  day,  between  the  first  Tuesday  of  April  and  the  second 
Tuesday  in  June  next  after  the  adoption  of  this  article,  as  may 
be  provided  by  law.  The  Court  of  Appeals,  the  Commissioners  of 
Appeals,  and  the  additional  judges  of  the  said  Court  of  Common 
Pleas,  shall  respectively  enter  upon  their  duties  on  the  first  Mon- 
day of  July  thereafter. 

Sec.  25.  Surrogates,  justices  of  the  peace  and  local  judicial 
officers  provided  for  in  section  sixteen,  in  office  when  this  article 
shall  take  effect,  shall  hold  their  respective  offices  until  the 
1‘Xpiration  of  their  terms. 

Sec.  26.  Courts  of  Special  Sessions  shall  have  such  jurisdiction 
of  offenses  of  the  grade  of  misdemeanors  as  may  be  prescribed 
by  law. 

Sec.  27.  For  the  relief  of  Surrogates’  Courts,  the  Legislature 
may  confer  upon  courts  of  record,  in  any  county  having  a popu- 
lation exceeding  four  hundred  thousand,  the  powers  and  jurisdic- 
tion of  surrogates,  with  authority  to  try  issues  of  fact  by  jury  in 
Is  rebate  causes. 

Sec.  28.  The  Court  of  Appeals  may  order  any  of  the  causes, 
not  exceeding  five  hundred  in  number,  pending  in  that  court  at 
the  time  of  the  adoption  of  this  provision,  to  be  heard  and  deter- 


CONSTITUTION  OF  NEW  YORK. 


mined  by  the  Commissioners  of  Ajjpeals,  and  the  Legislature  may 
extend  the  term  of  service  of  the  Commissioners  of  Appeals,  not 
exceeding  two  years. 

*Sec.  28.  The  Legislature,  at  the  first  session  thereof  after 
the  adoption  of  this  amendment,  shall  provide  for  organizing  in 
the  Supreme  Court  not  more  than  five  General  Terms  thereof; 
and  for  the  election  at  the  general  election  next  after  the  adoption 
of  this  amendment,  by  the  electors  of  the  judicial  districts  men- 
tioned in  this  section,  respectively,  of  not  more  than  two  justices 
of  the  Supreme  Court  in  addition  to  the  justices  of  that  court  now 
in  oflice  in  the  first,  fifth,  seventh  and  eighth,  and  not  more  than 
one  justice  of  that  court  in  the  second,  third,  fourth  and  sixth 
judicial  districts.  The  justices  so  elected  shall  be  invested  with 
their  offices  on  the  first  Monday  of  June  next  after  their  election. 

ARTICLE  VII. 

Section  1.  After  paying  the  expenses  of  collection,  superin- 
tendence and  ordinary  repairs,  there  shall  be  appropriated  and 
set  apart  in  each  fiscal  year  out  of  the  revenues  of  the  State 
canals,  in  each  year,  commencing  on  the  first  day  of  June,  one 
thousand  eight  hundred  and  forty-six,  the  sum  of  one  million  and 
three  hundred  thousand  dollars  until  the  first  day  of  June,  one 
thousand  eight  hundred  and  fifty-five,  and  from  that  time  the 
sum  of  one  million  and  seAen  hundred  thousand  dollars  in  each 
fiscal  year,  as  a sinking  fund  to  pay  the  interest  and  redeem  the 
principal  of  that  part  of  the  State  debt  called  the  canal  debt, 
as  it  existed  at  the  time  first  aforesaid,  and  including  three  hun- 
dred thousand  dollars  then  to  be  borroAved,  until  the  same  shall 
be  Avholly  paid ; and  the  principal  and  income  of  the  said  sinking 
fund  shall  be  sacredly  applied  to  that  purpose. 

Sec.  2.  After  complying  Avith  the  provisions  of  the  first  sec- 
tion of  this  article,  there  shall  be  appropriated  and  set  apart  out 
of  the  surplus  revenues  of  the  State  canals,  in  each  fiscal  year, 
/ commencing  on  the  first  day  of  June,  one  thousand  eight  hundred 
and  forty-six,  the  sum  of  three  hundred  and  fifty,  thousand  dol- 
lars, until  the  time  Avhen  a sufficient  sum  shall  liaA’e  been  appro- 
priated and  set  apart  under  the  said  first  section,  to  pay  the 
interest  and  extinguish  the  entire  principal  of  the  canal  debt; 
and  after  that  ])eriod  then  the  sum  of  one  million  and  fiA^e  hun- 
dred thousand  dollars  in  each  fiscal  year,  as  a sinking  fund,  to 
pay  the  interest  and  redeem  the  principal  of  that  part  of  the 

* So  in  the  orii^innl. 


CONSTITUTION  OF  NEW  YORK. 


State  debt  called  the  general  fund  debt,  including  the  debt  for 
loans  of  the  State  credit  to  railroad  companies  which  have  failed 
to  pay  the  interest  thereon,  and  also  the  contingent  debt  on  State 
stocks  loaned  to  incorporated  companies  which  have  hitherto 
paid  the  interest  thereon,  whenever  and  as  far  as  any  part  thereof 
may  become  a charge  on  the  Treasury  or  general  fund,  until  the 
same  shall  be  wholly  paid;  and  the  principal  and  income  of  the 
said  last-mentioned  sinking  fund  shall  be  sacredly  applied  to  the 
purpose  aforesaid,  and  if  the  payment  of  any  part  of  the  moneys 
to  the  said  sinking  fund  shall  at  any  time  be  deferred,  by  reason 
of  the  priority  recognized  in  the  first  section  of  this  article,  the 
sum  so  deferred  with  quarterly  interest  thereon  at  the  then  cur- 
rent rate  shall  be  paid  to  the  last-mentioned  sinking  fund,  as 
soon  as  it  can  be  done  consistently  wuth  the  just  rights  of  the 
creditors  holding  said  canal  debt. 

Sec.  3.  The  first  and  second  sections  of  this  article  having 
been  fully  complied  with,  no  tolls  shall  hereafter  be  imposed  on 
persons  or  property  transported  on  the  canals,  but  all  boats  navi- 
gating the  canals,  and  the  owners  and  masters  thereof,  shall  be 
subject  to  such  laws  and  regulations  as  have  been  or  may  here- 
after be  enacted  concerning  the  navigation  of  the  canals.  The 
Legislature  shall,  annually,  by  equitable  taxes,  make  provision 
for  the  expenses  of  the  superintendence  and  repairs  of  the  canals. 
The  canal  debt  contracted  under  the  section  hereby  amended, 
which  on  the  first  day  of  October,  eighteen  hundred  and  eighty, 
amounted  to  eight  million  nine  hundred  and  eighty-two  thousand 
two  hundred  dollars,  shall  continue  to  be  known  as  the  “ canal 
debt,  under  article  seven,  section  three,  of  the  Constitution  f and 
the  sinking  fund  applicable  to  the  payment  thereof,  together  withi 
the  contributions  to  be  made  thereto,  shall  continue  to  be  known 
as  the  “ canal  debt  sinking  fund,”  and  the  principal  and  interest 
of  said  debt  shall  be  met  as  provided  in  the  fifth  section  of  this 
article.  All  contracts  for  work  or  materials  on  any  canal  shall 
be  made  with  the  person  who  shall  offer  to  do  or  provide  the 
same  at  the  lowest  price,  with  adequate  security  for  their  per- 
formance. No  extra  compensation  shall  be  made  to  any  contrac- 
tor; but  if,  from  any  unforeseen  cause,  the  terms  of  any  contract 
shall  prove  to  be  unjust  and  oppressive,  the  Canal  Board  may, 
upon  the  application  of  the  contractor,  cancel  such  contract. 

3 


34 


CONSTITUTION  OF  NEW  YORK. 


Sec.  4.  The  claims  of  the  State  against  any  incorporated  com- 
pany to  pay  the  interest  and  redeem  the  principal  of  the  stock 
of  the  State  loaned  or  advanced  to  such  company,  shall  be  fairly 
enforced,  and  not  released  or  compromised;  and  the  moneys 
arising  from  such  claim  shall  be  set  apart  and  applied  as  part  of 
the  sinking  fund  provided  in  the  second  section  of  this  article. 
But  the  lime  limited  for  the  fulfillment  of  any  condition  of  any 
release  or  compromise  heretofore  made  or  provided  for  may  be 
extended  by  law. 

Sec.  5.  There  shall  annually  be  imposed  and  levied  a tax, 
which  shall  be  sufficient  to  pay  the  interest  and  extinguish  the 
principal  of  the  canal  debt  mentioned  in  the  third  section  of  this 
article,  as  the  same  shall  become  due  and  payable,  and  the  pro* 
ceeds  of  such  tax  shall  in  each  fiscal  year  be  appropriated  and 
set  apart  for  the  sinking  fund  constituted  for  the  payment  of  the 
principal  and  the  interest  of  the  aforesaid  debt.  But  the  Legis- 
lature  may,  in  its  discretion,  impose  for  the  fiscal  year  beginning 
on  the  first  day  of  October,  eighteen  hundred  and  eighty-three, 
a State  tax  on  each  dollar  of  the  valuation  of  the  property  in 
the  State  which  may  by  law  then  be  subject  to  taxation,  suffi- 
cient with  the  accumulations  of  the  sinking  fund  applicable 
thereto,  to  pay  in  full  both  the  principal  and  interest  of  the  canal 
debt  before  mentioned,  and  the  proceeds  of  such  tax  shall  be 
appropriated  and  set  apart  for  the  sinking  fund  constituted  for 
the  payment  of  the  principal  and  interest  of  said  debt.  In  the 
event  of  such  action  by  the  Legislature,  then  the  Legislature 
shall,  under  the  law  directing  the  assessment  and  levy  of  such 
tax,  make  such  provision  for  the  retirement  of  the  canal  debt  as 
it  shall  deem  equitable  and  just  to  the  creditors  of  the  State. 

Sec.  6.  The  Legislature  shall  not  sell,  lease  or  otherwise  dis- 
pose of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal, 
the  Cayuga  and  Seneca  canal,  or  the  Black  River  canal,  but  they 
shall  remain  the  property  of  the  State  and  under  its  management 
forever.  All  funds  that  may  be  derived  from  any  lease,  sale  or 
other  disposition  of  any  canal  shall  be  applied  in  payment  of  the 
canal  debt  mentioned  in  the  third  s(iction  of  this  article. 

Sec.  7.  The  Legislature  shall  never  sell  or  dispose  of  the  Salt 
Springs  belonging  to  this  State.  The  lands  contiguous  thereto, 
and  which  may  be  necessary  and  convenient  for  the  use  of  the 
Salt  Springs,  may  be  sold  by  authority  of  law  and  under  the  direc- 
lion  of  the  Commissioners  of  the  Land  Office,  for  the  purpose  of 


. CONSTITUTION  OF  NEW  YORK. 


35 


investing  the  moneys  arising  therefrom  in  other  lands  alike  con- 
venient; but  by  such  sale  and  purchase  the  aggregate  quantity 
of  these  lands  shall  not  be  diminished. 

Sec.  8.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of 
Ibis'  State,  or  any  of  its  funds,  or  any  of  the  funds  under  its 
management,  except  in  pursuance  of  an  appropriation  by  law; 
nor  unless  such  payment  be  made  within  two  years  next  after 
the  passage  of  such  appropriation  act;  and  every  such  law 
making  a new  appropriation,  or  continuing  or  reviving  an  appro- 
priation, shall  distinctly  specify  the  sum  appropriated,  and  the 
object  to  which  it  is  to  be  applied;  and  it  shall  not  be  sufficient 
for  such  law  to  refer  to  any  other  law  to  fix  such  sum. 

Sec.  9.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association  or 
corporation. 

Sec.  10.  The  State  may,  to  meet  casual  deficits  or  failures  in 
revenues,  or  for  expenses  not  provided  for,  contract  debts,  but 
such  debts,  direct  or  contingent,  singly  or  in  the  aggregate,  shall 
not  at  any  time  exceed  one  million  of  dollars;  and  the  moneys 
arising  from  the  loans  creating  such  debts  shall  be  applied  to 
the  purpose  for  which  they  were  obtained,  or  to  repay  the  debt 
so  contracted,  and  to  no  other  purpose  whatever. 

Sec.  11.  In  addition  to  the  above  limited  power  to  contract 
debts,  the  State  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  defend  the  State  in  war;  but  the  money  arising 
from  the  contracting  of  such  debts  shall  be  applied  to  the  pur- 
pose for  ^hich  it  was  raised,  or  to  repay  such  debts,  and  to  no 
other  purpose  whatever. 

Sec.  12.  Except  the  debts  specified  in  the  tenth  and  eleventh 
sections  of  this  article,  no  debts  shall  be  hereafter  contracted 
by  or  on  behalf  of  this  State,  unless  such  debt  shall  be  author- 
ized by  a law,  for  some  single  work  or  object,  to  be  distinctly 
specified  therein;  and  such  law  shall  impose  and  provide  for  the 
collection  of  a direct  annual  tax  to  pay,  and  sufficient  to  pay, 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  dis- 
charge the  principal  of  such  debt  within  eighteen  years  from  the 
time  of  the  contracting  thereof.  No  such  law  shall  take  effect 
until  it  shall,  at  a general  election,  have  been  submitted  to  the 
peoxjle,  and  have  received  a majority  of  all  the  votes  cast  for 
and  against  it,  at  such  election.  On  the  final  passage  of  such 
bill  in  either  house  of  the  Legislature,  the  question  shall  be  taken 


36 


CONSTITUTION  OF  NEW  YORK.  . 


by  ayes  and  noes,  to  be  duly  entered  on  the  journals  thereof^  and 
shall  be:  Shall  this  bill  pass,  and  ought  the  same  to  receive  the 

sanction  of  the  people  ? ” 

The  Legislature  may  at  any  time,  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same;  and  may  at  any  time,  by  law, 
forbid  the  contracting  of  any  further  debt  or  liability  under  such 
law;  but  the  tax  imposed  by  such  act,  in  proportion  to  the  debt 
and  liability  which  may  have  been  contracted,  in  pursuance  of 
such  law,  shall  remain  in  force  and  be  irrepealable,  and  be 
annually  collected,  until  the  proceeds  thereof  shall  have  made  the 
provision  hereinbefore  specified  to  pay  and  discharge  the  interest 
and  principal  of  such  debt  and  liability.  The  money  arising 
from  any  loan  or  stock  creating  such  debt  or  liability  shall  be 
applied  to  the  work  or  object  specified  in  the  act  authorizing 
such  debt  or  liability,  or  for  the  repayment  of  such  debt  or  lia- 
bility, and  for  no  other  purpose  whatever.  No  such  law  shall  be 
submitted  to  be  voted  on,  within  three  months  after  its  passage, 
or  at  any  general  election,  when  any  other  law,  or  any  bill,  or  any 
amendment  to  the  Constitution,  shall  be  submitted  to  be  voted  for 
or  against. 

Sec.  13.  The  sinking  funds  provided  for  the  payment  of  inter- 
est and  the  extinguishment  of  the  principal  of  the  debts  of  the 
State  shall  be  separately  kept  and  safely  ioivested,  and  neither  of 
them  shall  be  appropriated  or  used  in  any  manner  other  than 
for  the  specific  purpose  for  which  it  shall  have  been  provided. 

Sec.  14.  Neither  the  Legislature,  Canal  Boal*d,  Canal 
Appraisers,  nor  any  person  or  persons  acting  in  behalf  of  the 
State,  shall  audit,  allow,  or  pay  any  claim  which,  as  between 
citizens  of  the  State,  would  be  barred  by  lapse  of  time.  The 
limitation  of  existing  claims  shall  begin  to  run  from  the  adop- 
tion of  this  section;  but  this  provision  shall  not  be  construed  to 
revive  claims  already  barred  by  existing  statutes,  nor  to  repeal 
any  statute  fixing  the  time  within  which  claims  shall  be  pre- 
sented or  allowed,  nor  shall  it  extend  to  any  claims  duly  pre- 
sented within  the  time  allowed  by  law,  and  prosecuted  with  due 
diligence  from  the  time  of  such  presentment.  But  if  the  claimant 
shall  be  under  legal  disability,  the  claim  may  be  presented  within 
two  years  after  such  disability  is  removed. 


CONSTITUTION  OF  NEW  YORK. 


37 


ARTICLE  VIII. 

Section  1.  Corporations  may  be  formed  under  general  laws; 
but  shall  not  be  created  by  special  act,  except  for  municipal  pur- 
poses, and  in  cases  where,  in  the  judgment  of  the  Legislature, 
the  objects  of  the  corporation  cannot  be  attained  under  general 
laws.  All  general  laws  and  special  acts  passed  pursuant  to  this 
section  may  be  altered  from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  corporators  and  other  means  as  may  be  pre- 
scribed by  law. 

Sec.  3.  The  term  corporations  as  used  in  this  article  shall  be 
construed  to  include  all  associations  and  joint-stock  companies 
having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships.  And  all  corporations  shall 
have  the  right  to  sue  and  shall  be  subject  to  be  sued  in  all  courts 
in  like  cases  as  natural  persons. 

Sec.  4.  The  Legislature  shall,  by  general  law,  conform  all 
charters  of  savings  banks,  or  institutions  for  savings,  to  a uni- 
formity of  powers,  rights  and  liabilities,  and  all  charters  here- 
after granted  for  such  corporations  shall  be  made  to  conform  to 
such  general  law,  and  to  such  amendments  as  may  be  made 
thereto.  And  no  such  corporation  shall  have  any  capital  stock, 
nor  shall  the  trustees  thereof,  or  any  of  them,  have  any  interest 
whatever,  direct  or  indirect,  in  the  profits  of  such  corporation; 
and  no  director  or  trustee  of  any  such  bank  or  institution  shall 
be  interested  in  any  loan  or  use  of  any  money  or  property  of  such 
bank  or  institution  for  savings.  The  Legislature  shall  have  no 
power  to  pass  any  act  granting  any  special  charter  for  banking 
purposes;  but  corporations  or  associations  may  be  formed  for 
such  purposes  under  general  laws. 

Sec.  5.  The  Legislature  shall  have  no  power  to  pass  any  law 
sanctioning  in  any  manner,  directly  or  indirectly,  the  suspension 
of  specie  payments,  by  any  person,  association  or  corporation 
issuing  bank  notes  of  any  description. 

Sec.  6.  The  Legislature  shall  provide  by  law  for  the  registry 
of  all  bills  or  notes,  issued  or  put  in  circulation  as  money,  and 
shall  require  ample  security  for  the  redemption  of  the  same  in 
specie. 

Sec.  7.  The  stockholders  in  every  corporation  and  joint-stock 
association  for  banking  purposes  issuing  bank  notes  or  any  kind 


38 


CONSTITUTION  OF  NEW  YORK. 


of  paper  credits  to  circulate  as  money,  after  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty,  shall  be  individu- 
ally responsible  to  the  amount  of  their  respective  share  or  shares 
of  stock  in  any  such  corporation  or  association,  for  all  its  debts 
and  liabilities  of  every  kind,  contracted  after  the  said  first  day  of 
January,  one  thousand  eight  hundred  and  fifty. 

Sec.  8.  In  case  of  the  insolvency  of  any  bank  or  banking  asso- 
ciation, the  billholders  thereof  shall  be  entitled  to  preference, 
in  payment,  over  all  other  creditors  of  such  bank  or  association. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature  to  provide  for 
the  organization  of  cities  and  incorporated  villages,  and  to 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  so  as  to  prevent 
abuses  in  assessments,  and  in  contracting  debt  by  such  municipal 
corporations. 

Sec.  10.  Neither  the  credit  nor  the  money  of  the  State  shall 
be  given  or  loaned  to  or  in  aid  of  any  association,  corporation  or 
private  undertaking.  This  section  shall  not,  however,  prevent 
the  Legislature  from  making  such  provision  for  the  education 
and  support  of  the  blind,  the  deaf  and  dumb,  and  juvenile  delin- 
quents, as  to  it  may  seem  proper.  Nor  shall  it  apply  to  any  fund 
or  property  now  held,  or  which  may  hereafter  be  held,  by  the 
State  for  educational  purposes. 

Sec.  11.  No  county,  city,  town  or  village  shall  hereafter  give 
any  money  or  property,  or  loan  its  money  or  credit  to  or  in  aid 
of  any  individual,  association  or  coporation,  or  become  directly 
or  indirectly  the  owner  of  stock  in,  or  bonds  of,  any  association 
or  corporation;  nor  shall  any  such  county,  city,  town  or  village 
be  allowed  to  incur  any  indebtedness  except  for  county,  city, 
town  or  village  purposes.  This  section  shall  not  prevent  such 
county,  city,  town  or  village  from  making  such  provision  for  the 
aid  or  support  of  its  poor  as  may  be  authorized  by  law.  No 
county  containing  a city  of  over  one  hundred  thousand  inhabi- 
tants, or  any  such  city,  shall  be  allowed  to  become  indebted  for 
any  purpose  or  in  any  manner  to  an  amount  which,  including 
existing  indebtedness,  shall  exceed  ten  per  centum  of  the  assessed 
valuation  of  the  real  estate  of  such  county  or  city  subject  to 
taxation,  as  it  appeared  by  the  assessment-rolls  of  said  county  or 
city  on  the  last  assessment  for  State  or  county  taxes  prior  to  the 
incurring  of  such  indebtedness;  and  all  indebtedness  in  excess 
of  such  limitation,  except  such  as  may  now  exist,  shall  be  abso- 


CONSTITUTION  OF  NEW  YORK. 


31) 


lutely  void,  except  as  herein  otherwise  provided.  No  such  county 
or  such  city  whose  present  indebtedness  exceeds  ten  per  centum 
of  the  assessed  valuation  of  its  real  estate  subject  to  taxation 
shall  be  allowed  to  become  indebted  in  any  further  amount  until 
such  indebtedness  shall  be  reduced  within  such  limit.  This  sec- 
tion shall  not  be  construed  to  prevent  the  issuing  of  certificates 
of  indebtedness  or  revenue  bonds  issued  in  anticipation  of  the 
collection  of  taxes  for  amounts  actually  contained,  or  to  be  con- 
tained in  the  taxes  for  the  year  when  such  certificates  or  revenue 
bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall  this 
the  supply  of  water,  but  the  term  of  the  bonds  issued  to  provide  foi 
section  be  construed  to  prevent  the  issue  of  bonds  to  provide  for 
the  supply  of  water  shall  not  exceed  twenty  years,  and  a sinking 
fund  shall  be  created  on  the  issuing  of  the  said  bonds  for  their 
redemption,  by  raising  annually  a sum  which  will  produce  an 
amount  e(iual  to  the  sum  of  the  principal  and  interest  of  said 
bonds  at  their  maturity.  The  amount  hereafter  to  be  raised  by 
tax  for  county  or  city  purposes,  in  any  county  containing  a city 
of  over  one  hundred  thousand  inhabitants,  or  any  such  city  of 
this  State,  in  addition  ^o  providing  for  the  principal  and  interest 
of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any  one 
year  two  per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascertained  as  pre- 
scribed in  this  section  in  respect  to  county  or  city  debt. 

ARTICLE  IX. 

Section  1.  The  capital  of  the  common  school  fund,  the  capital 
of  the  literature  fund,  and  the  capital  of  the  United  States 
deposit  fund,  shall  be  respectively  preservcMl  inviolate.  The  reve- 
nue of  the  said  common  school  fund  shall  be  applied  to  the  sup- 
I>ort  of  common  schools;  the  revenue  of  the  said  literature  fund 
shall  be  apjdied  to  the  support  of  academies,  and  the  sum  of 
twenty-five  thousand  dollars  of  the  reAxmues  of  the  United  States 
deposit  fund  shall  each  year  be  appropriated  to  and  made  part 
of  the  capital  of  the  said  common  school  fund. 

ARTICLE  X. 

Section  1.  SherilTs,  clerks  of  counties,  including  the  register 
and  clerk  of  the  city  and  county  of  New  York,  coroners  and  dis* 
trict  attorneys  shall  be  chosen  by  the  electors  of  the  respective 
counties,  once  in  every  three  years  and  as  often  as  vacanci<'S 
shall  happ(*n.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible 


40 


CONSTITUTION  OF  NEW  YOKK. 


for  the  next  three  years  after  the  termination  of  their  offices. 
They  may  be  required  by  law  to  renew  their  security,  from  time 
to  time;  and  in-  default  of  giving  such  new  security,  their  offices 
shall  be  deemed  vacant.  But  the  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff.  The  Governor  may  remove 
any  officer,  in  this  section  mentioned,  within  the  term  for  which 
he  shall  have  been  elected;  giving  to  such  officer  a copy  of  the 
charges  against  him,  and  an  opportunity  of  being  heard  in  his 
defense. 

Sec.  2.  All  county  officers,  whose  election  or  appointment  is 
not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties  or  appointed  by  the  boards  of- 
supervisors,  or  other  county  authorities,  as  the  Legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or 
appointment  is  not  provided  for  by  this  Constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of 
some  division  thereof,  or  appointed  by  such  authorities  thereof, 
as  the  Legislature  shall  designate  for  that  purpose.  All  other 
officers,  whose  election  or  appointment  is  not  provided  for  by  this 
Constitution,  and  all  officers,  whose  offioes  may  hereafter  be 
created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as 
the  Legislature  may  direct. 

Sec.  3.  When  the  duration  of  any  office  is  not  provided  by  this 
Constitution,  it  may  be  declared  by  law,  and  if  not  so  declared, 
such  office  shall  be  held  during  the  pleasure  of  the  authority 
making  the  appointment. 

Sec.  4.  The  time  of  electing  all  officers  named  in  this  article 
shall  be  prescribed  by  law. 

See.  5.  The  Legislature  shall  provide  for  filling  vacancies  is 
office,  and  in  case  of  elective  officers,  no  person  appointed  to  fill 
a vacancy  shall  hold  his  office  by  virtue  of  such  appointment 
longer  than  the  commencement  of  the  political  year  next  succeed- 
ing the  first  annual  election  after  the  happening  of  the  vacancy. 

Sec.  C).  The  political  year  and  legislative  term  shall  begin  on 
the  first  day  of  January;  and  the  Legislature  shall,  every  year, 
assemble  on  the  first  Tuesday  in  January,  unless  a different  day 
shall  be  apjminted  by  law. 

Sec.  7.  Provision  sliall  be  made  by  law  for  the  removal  for 
misconduct  or  malversation  in  office  of  all  officers  (except  judi- 


CONSTITUTION  OF  NEW  YORK. 


41 


cial)  whose  powers  and  duties  are  not  local  or  legislative  and 
who  shall  be  elected  at  general  elections,  and  also  for  supplying 
vacancies  created  by  such  removal. 

Sec.  8.  The  Legislature  may  declare  the  cases  in  which  any 
office  shall  be  deemed  vacant  when  no  provision  is  made  for  that 
purpose  in  this  Constitution. 

Sec.  9.  No  officer  whose  salary  is  fixed  by  the  Constitution 
shall  receive  any  additional  compensation.  Each  of  the  other 
State  officers  named  in  the  Constitution,  shall,  during  his  continu- 
ance in  office,  receive  a compensation,  to  be  fixed  by  law,  which 
shall  not  be  increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected  or  appointed;  nor  shall  he  receive  to 
his  use  any  fees  or  perquisites  of  office  or  other  compensation. 

ARTICLE  XI. 

Section  1.  The  militia  of  this  State  shall,  at  all  times  here- 
after, be  armed  and  disciplined  and  in  readiness  for  service;  but 
all  such  inhabitants  of  this  State  of  any  religious  denomination 
whatever  as  from  scruples  of  conscience  may  be  averse  to  bear- 
ing arms,  shall  be  excused  therefrom  upon  such  conditions  as  shall 
be  prescribed  by  law. 

Sec.  2.  Militia  officers  shall  be  chosen,  or  appointed  as  fol- 
lows: Captains,  subalterns  and  non-commissioned  officers  shall 
be  chosen  by  the  written  votes  of  the  members  of  their  respective 
companies.  Field  officers  of  regiments  and  separate  battalions 
by  the  w- ritten  votes  of  the  commissioned  officers  of  the  respective 
regiments  and  separate  battalions;  brigadier-generals  and  bri- 
gade inspectors  by  the  field  officers  of  their  respective  brigades; 
major-generals,  brigadier-generals  and  commanding  officers  of 
regiments  or  separate  battalions,  shall  appoint  the  staff  officers 
to  their  respective  divisions,  brigades,  regiments  or  separate 
battalions. 

Sec.  3.  The  Governor  shall  nominate,  and  with  the  consent  of 
the  Senate,  appoint  all  major-generals  and  the  commissary-gen- 
eral. Tlie  adjutant-general  and  other  chiefs  of  staff  departments, 
and  the  aids-de-camp  of  the  commander-in-chief,  shall  be 
appointed  by  the  Governor,  and  their  commissions  shall  expire 
with  the  time  for  which  the  Governor  shall  have  been  elected. 
The  commissary-general  shall  hold  his  office  for  two  years.  He 
shall  give  security  for  the  faithful  execution  of  the  duties  of  his 
office  in  such  manner  and  amount  as  shall  be  prescribed  by  law. 


42 


CONSTITUTION  OF  NEW  YORK. 


Sec.  4.  The  Legislature  shall,  by  law,  direct  the  time  and  man- 
ner of  electing  militia  officers,  and  of  certifying  their  elections  to 
the  Governor. 

Sec.  5.  The  commissioned  officers  of  the  militia  shall  be  com- 
missioned  by  the  Governor;  and  no  commissioned  officer  shall  be 
removed  from  office,  unless  by  the  Senate  on  the  recommendation 
of  the  Governor,  stating  the  grounds  on  which  such  removal  is 
recommended,  or  by  the  decision  of  a court-martial,  pursuant  to 
law.  The  present  officers  of  the  militia  shall  hold  their  commis- 
sions subject  to  removal,  as  before  provided. 

Sec.  G.  In  case  the  mode  of  election  and  appointment  of  mili- 
tia officers  hereby  directed  shall  not  be  found  conducive  to  the 
improvement  of  the  militia,  the  Legislature  may  abolish  the 
same,  and  provide  by  law  for  their  appointment  and  removal,  if 
two-thirds  of  the  members  present  in  each  house  shall  concur 
therein. 

ARTICLE  XII. 

Section  1.  Members  of  the  Legislature  (and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  shall  be  by  law 
exempted)  shall,  before  they  enter  on  the  duties  of  their  respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirmation: 
“ I do  solemnly  swear  (or  affirm)  that  I will  support  the  Consti- 
tution of  the  United  States,  and  the  Constitution  of  the  State  of 
New  York,  and  that  I will  faithfully  discharge  the  duties  of  the 
office  of  , according  to  the  best  of  my  ability  :’’  and 

all  such  officers  who  shall  have  been  chosen  at  any  election  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  oath  or  affirmation  above  prescribed,  together  with 
the  following  addition  thereto,  as  part  thereof: 

‘^And  I do  further  solemnly  swear  (or  affirm)  that  I have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contrib- 
uted, or  offered  or  promised  to  contribute  any  money  or  other  val- 
uable thing  as  a consideration  or  reward  for  the  giving  or  with- 
holding a vote  at  the  election  at  which  I was  elected  to  said  office, 
and  have  not  made  any  })romise  to  influence  the  giving  or  with- 
holding any  such  vote,”  and  no  other  oath,  declaration  or  test 
shall  be  required  as  a qualification  for  any  office  of  public  trust. 

ARTICLE  XIII. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  and  Assembly;  and  if  the 
same  shall  be  agreed  to  by  a majority  of  the  members  elected  to 


CONSTITUTION  OF  NEW  YOKK. 


43 


each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journal,  with  the  ayes  and  nays  taken 
thereon,  and  referred  to  the  Legislature  to  be  chosen  at  the  next 
general  election  of  Senators,  and  shall  be  published  for  three 
months  previous  to  the  time  of  making  such  choice ; and  if  in  the 
Legislature  so  next  chosen,  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or  amendments 
to  the  people,  in  such  manner  and  at  such  time  as  the  Legisla- 
ture shall  prescribe;  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments,  by  a majority  of  the  electors 
qualified  to  vote  for  members  of  the  Legislature,  voting  thereon, 
such  amendment  or  amendments  shall  become  part  of  the  Consti- 
tution. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  eighteen 
hundred  and  sixty-six,  and  in  each  twentieth  year  thereafter, 
and  also  at  such  time  as  the  Legislature  may  by  law  provide,  the 
question,  Shall  there  be  a convention  to  revise  the  Constitution, 
and  amend  the  same  ? ” shall  be  decided  by  the  electors  qualified 
to  vote  for  members  of  the  Legislature;  and  in  case  a majority 
of  the  electors  so  qualified,  voting  at  such  election,  shall  decide  in 
favor  of  a convention  for  such  purpose,  the  Legislature  at  its  next 
session  shall  provide  by  law  for  the  election  of  delegates  to  such 
convention. 

AKTICLE  XIV. 

Section  1.  The  first  election  of  Senators  and  members  of  the 
Assembly,  pursuant  to  the  provisions  of  this  Constitution,  shall 
be  held  on  the  Tuesday  succeeding  the  first  Monday  of  November, 
one  thousand  eight  hundred  and  forty-seven.  The  Senators  and 
members  of  Assembly  who  may  be  in  olfice  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  forty-seven,  shall  hold 
their  offices  until  and  including  the  thirty-first  day  of  December 
following,  and  no  longer. 

Sec.  2.  The  first  election  of  Governor  and  Lieutenant-Governor 
under  this  Constitution  shall  be  held  on  the  Tuesday  succeeding 
the  first  Monday  of  November,  one  thousand  eight  hundred  and 
forty-eight;  and  the  Governor  and  Lieutenant-Governor  in  office 
when  this  Constitution  shall  take  effect  shall  hold  their  respec- 
tive offices  until  and  including  the  thirty-first  day  of  December 
of  that  year. 


44 


CONSTITUTION  OF  NEW  YORK. 


Sec.  3.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attor* 
uey-General,  District  Attorneys,  Surveyor-General,  Canal  Com- 
missioners and  Inspectors  of  State  Prisons,  in  office  when  this 
Constitution  shall  take  effect,  shall  hold  their  respective  offices 
until  and  including  the  thirty-first  day  of  December,  one  thou- 
sand eight  hundred  and  forty-seven,  and  no  longer. 

Sec.  4.  The  first  election  of  judges  and  clerk  of  the  Court  of 
Appeals,  justices  of  the  Supreme  Court  and  county  judges  shall 
take  place  at  such  time  between  the  first  Tuesday  of  June,  one 
thousand  eight  hundred  and  forty-seven,  as  may  be  prescribed  by 
law.  The  said  courts  shall  respectively  enter  upon  their  duties 
on  the  first  Monday  of  July,  next  thereafter;  but  the  term  of 
office  of  said  judges,  clerk  and  justices,  as  declared  by  this  Con- 
stitution, shall  be  deemed  to  commence  on  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  forty-eight. 

Sec.  5.  On  the  first  Monday  of  July,  one  thousand  eight  hun- 
dred and  forty-seven,  jurisdiction  of  all  suits  and  proceedings 
then  pending  in  the  present  Supreme  Court  and  Court  of  Chan- 
cery, and  all  suits  and  proceedings  originally  commenced  and  then 
pending  in  any  Court  of  Common  Pleas  (except  in  the  city  and 
county  of  New  York),  shall  become  vested  in  the  Supreme  Court 
hereby  established.  Proceedings  pending  in  Courts  of  Common 
Pleas,  and  in  suits  originally  commenced  in  Justices’  Courts, 
shall  be  transferred  to  the  County  Courts  provided  for  in  this 
Constitution,  in  such  manner  and  form  and  under  such  regula- 
tions as  shall  be  provided  by  law.  The  Courts  of  Oyer  and 
Terminer  hereby  established  shall  in  their  respective  counties 
have  jurisdiction  on  and  after  the  day  last  mentioned  of  all  indict- 
ments and  proceedings  then  pending  in  the  present  Courts  of 
Oyer  and  Terminer,  and  also  of  all  indictments  and  proceedings 
then  pending  in  the  present  Courts  of  General  Sessions  of  the 
Peace,  except  in  the  city  of  New  York,  and  except  in  cases  of 
which  the  Courts  of  Sessions  hereby  established  may  lawfully 
take  cognizance;  and  of  such  indictments  and  proceedings  the 
Courts  of  Sessions  hereby  established  shall  have  jurisdiction  on 
and  after  the  day  last  mentioned. 

Sec.  6.  The  Chancellor  and  the  present  Supreme  Court  shall, 
respectively,  have  power  to  hear  and  determine  any  of  such  suits 
and  proceedings  ready  on  the  first  Monday  of  July,  one  thousand 
eight  hundred  and  forty-seven,  for  hearing  or  decision,  and  shall. 


CONSTITUTION  OF  NEW  YOKK. 


45 


for  their  services  therein,  he  entitled  to  their  present  rates  of 
compensation  until  the  first  day  of  July,  one  thousand  eight  hun- 
dred and  forty-eight,  or  until  all  such  suits  and  proceedings  shall 
be  sooner  heard  and  determined.  Masters  in  Chancery  may  con- 
tinue to  exercise  the  functions  of  their  office  in  the  Court  of 
Chancery,  so  long  as  the  Chancellor  shall  continue  to  exercise 
the  functions  of  his  office  under  the  provisions  of  this  Constitu- 
tion. And  the  Supreme  Court  hereby  established  shall  also  have 
power  to  hear  and  determine  such  of  said  suits  and  proceedings 
as  may  be  prescribed  by  law. 

Sec.  7.  In  case  any  vacancy  shall  occur  in  the  office  of  Chan- 
cellor or  justice  of  the  present  Supreme  Court,  previously  to  the 
first  day  of  July,  one  thousand  eight  hundred  and  forty-eight, 
the  Governor  may  nominate  and,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  appoint  a proper  person  to  fill  such  vacancy. 
Any  judge  of  the  Court  of  Appeals  or  justice  of  the  Supreme 
Court,  elected  under  this  Constitution,  may  receive  and  hold  such 
appointment. 

Sec.  8.  The  offices  of  Chancellor,  justice  of  the  existing 
Supreme  Court,  Circuit  Judge,  Vice-Chancellor,  Assistant  Vice- 
Chancellor,  judge  of  the  existing  County  Courts  of  each  county, 
Supreme  Court  Commissioner,  Master  in  Chancery,  Examiner  in 
Chancery,  and  surrogate  (except  as  herein  otherwise  provided), 
are  abolished,  from  and  after  the  first  Monday  of  July,  one  thou- 
sand eight  hundred  and  forty-seven  (1847). 

Sec.  9.  The  Chancellor,  the  justices  of  the  present  Supreme 
Court,  and  the  Circuit  Judges,  are  hereby  declared  to  be  severally 
eligible  to  any  office  at  the  first  election  under  this  Constitution. 

Sec.  10.  Sheriffs,  clerks  of  counties  (including  the  register  and 
clerk  of  the  city  and  county  of  New  York),  and  justices  of  the 
peace,  and  coroners,  in  office  when  this  Constitution  shall  take 
effect,  shall  hold  their  respective  offices  until  the  expiration  of  the 
term  for  which  they  were  respectively  elected. 

Sec.  11.  Judicial  officers  in  office  when  this  Constitution  shall 
take  effect  may  continue  to  receive  such  fees  and  perquisites  of 
office  as  are  now  authorized  by  law,  until  the  first  day  of  July, 
one  thousand  eight  hundred  and  forty-seven,  notwithstanding 
the  provisions  of  the  twentieth  section  of  the  sixth  article  of  this 
Constitution. 

Sec.  12.  All  local  courts  established  in  any  city  or  village, 
including  the  Superior  Court,  Common  Pleas,  Sessions  and  Sur- 


46 


CONSTITUTION  OF  NEW  YORK. 


rogates’  Courts  of  the  city  and  county  of  New  York,  shall  remain, 
until  otherwise  directed  by  the  Legislature,  with  their  present 
powers  and  jurisdictions;  and  the  judges  of  such  courts  and  any 
clerks  thereof  in  office  on  the  first  day  of  January,  one  thousand 
eight  hundred  and  forty-seven,  shall  continue  in  office  until  the 
expiration  of  their  terms  of  office,  or  until  the  Legislature  shall 
otherwise  direct. 

Sec.  13.  This  Constitution  shall  be  in  force  from  and  including 
the  first  day  of  January,  one  thousand  eight  hundred  and  forty- 
seven,  except  as  herein  otherwise  provided. 

ARTICLE  XV. 

Section  1.  Any  person  holding  office  under  the  laws  of  this 
State,  who,  except  in  payment  of  his  legal  salary,  fees  or  perqui- 
sites, shall  receive  or  consent  to  receive,  directly  or  indirectly, 
any  thing  of  value  or  of  personal  advantage,  or  the  promise 
thereof,  for  performing  or  omitting  to  perform  any  official  act, 
or  with  the  express  or  implied  understanding  that  his  official 
action  or  omission  to  act  is  to  be  in  any  degree  influenced  thereby, 
shall  be  deemed  guilty  of  a felony.  This  section  shall  not  affect 
the  validity  of  any  existing  statute  in  relation  to  the  offense  of 
bribery. 

Sec.  2.  Any  person  who  shall  offer  or  promise  a bribe  to  an 
ofiicer,  if  it  shall  be  received,  shall  be  deemed  guilty  of  a felony 
end  liable  to  punishment,  except  as  herein  provided.  No  person 
offering  a bribe  shall,  upon  any  prosecution  of  the  officer  for  re 
ceiving  such  bribe,  be  privileged  from  testifying  in  relation  thereto, 
and  he  shall  not  be  liable  to  civil  or  criminal  prosecution  therefor, 
if  he  shall  testify  to  the  giving  or  offering  of  such  bribe.  Any  per- 
son who  shall  offer  or  promise  a bribe,  if  it  be  rejected  by  the 
officer  to  whom  it  was  tendered,  shall  be  deemed  guilty  of  an 
attempt  to  bribe,  which  is  hereby  declared  to  be  a felony. 

Sec.  3.  Any  person  charged  with  receiving  a bribe,  or  with 
offering  or  promising  a bribe,  shall  be  permitted  to  testify  in  his 
own  behalf  in  any  civil  or  criminal  prosecution  therefor. 

Sec.  4.  Any  district  attorney  who  shall  fail  faithfully  to 
prosecute  a person  charged  with  the  violation  in  his  county  of 
any  provision  of  this  article  which  may  come  to  his  knowledge 
shall  be  removed  from  office  by  the  Governor,  after  due  notice 
and  an  opportunity  of  being  heard  in  his  defense.  The  expenses 
w]iich  shall  be  incurred  by  any  county,  in  investigating  and  prose- 


CONSTITUTION  OF  NEW  YORK 


47 


ciiting  any  charge  of  bribery  or  attempting  to  bribe  any  person 
holding  office  under  the  laws  of  this  State,  within  such  county, 
or  of  receiving  bribes  by  any  such  person  in  said  county,  shall  be 
a charge  against  the  State,  and  their  payment  by  the  State  shall 
be  provided  for  by  law. 

ARTICLE  XVI. 

Section  1.  All  amendments  to  the  Constitution  shall  be  in 
from  and  including  the  first  day  of  January  succeeding  the  elec- 
tion at  which  the  same  were  adopted,  except  when  otherwise 
provided  by  such  amendments. 

Done  in  Convention,  at  the  Capitol  in  the  city  of  Albany  the 
ninth  day  of  October,  in  the  year  one  thousand  eight  hun- 
dred and  forty-six,  and  of  the  Independence  of  the  United 
States  of  America  the  seventy-first. 

In  witness  whereof,  we  have  hereunto  subscribed  our 
names. 

JOHN  TRACY, 

President  and  Delegate  from  County  of  Chenango. 

JAMES  F.  STARBUCK, 

H.  W.  STRONO, 

FR.  SEGER, 


Secretaries. 


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CON  STI  TUT  ION 


OF  THE 


STATE  OF  NORTH  CAROLINA. 


CONSTITUTION!  OF(  .STATE  OF  NORTHt  CAROLINA, 


ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  The  equality  and  rights  of  men. 

2.  Political  power  and  government. 

3.  Internal  government  of  the 

State. 

4.  That  there  is  no  right  to  se- 

cede. 

B.  Of  allegiance  to  the  United 
States  government. 

€.  Public  debt. 

T.  Exclusive  emoluments,  etc. 

8.  The  legislative,  executive  and 

judicial  powers  distinct. 

9.  Of  the  power  of  suspending 

laws. 

10.  Elections  free. 

11.  In  criminal  prosecutions. 

12.  Answers  to  criminal  charges. 

12.  Right  of  jury. 

14.  Excessive  bail. 

15.  General  warrants. 

16.  Imprisonment  for  debt. 

17.  No  person  to  be  taken,  etc.,  but 

by  the  law  of  the  land. 

IS.  Persons  restrained  of  liberty. 

19.  Controversies  at  law  respecting 

property. 

20.  Freedom  of  the  press. 

21.  Habeas  corpus. 

22.  Property  qualifications. 

23.  Representation  and  taxation. 

24.  Militia  • and  the  right  to  bear 

arms. 

25.  Right  of  the  people  to  assemble 

together. 

25.  Religious  liberty. 

27.  Education. 

2S.  Elections  should  be  frequent 

29.  Recurrence  to  fundamental  prin- 

ciples. 

30.  Hereditary  emoluments,  etc. 

31.  Perpetuities,  etc. 

32.  Ex  post  facto  laws. 

33.  Slavery  prohibited. 


Section 

34.  State  boundaries. 

35.  Courts  shall  be  open. 

36.  Soldiers  in  time  of  peace. 

37.  Other  rights  of  the  people. 

ARTICLE  II. 

j Legislative  Department. 

I 1.  Two  branches. 

( 2.  Time  of  assembling. 

! 3.  Number  of  Senators, 

i 4.  Regulations  in  relation  to  dis- 
tricting the  State  for  Sena- 
tors. 

5.  Regulations  in  relation  to  appor- 
tionment of  Representatives. 

6.  Ratio  of  representation. 

7.  Qualifications  for  Senators. 

I 8.  Qualifications  for  Representa- 
I tives. 

j 9.  Election  of  ofRcers. 

I 10.  Powers  in  relation  to  divorce 
j and  alimony. 

1 11.  Private  laws  in  relation  to  the 
I names  of  persons,  etc. 

! 12.  Thirty  days  notice  shall  be  given 
anterior  to  passage  of  private 
laws. 

13.  Vacancies. 

14.  Revenue. 

15.  Entails. 

16.  Journals. 

17.  Protest. 

. 18.  OfRcers  of  the  house. 

19.  President  of  the  Senate. 

I 20.  Other  senatorial  ofRcers. 

I 21.  Style  of  the  acts. 

! 22.  Powers  of  the  general  assembly. 

! 23.  Bills  and  resolutions  to  be  read 
three  times,  etc. 

24.  Oath  for  members. 

1 25.  Term  of  ofRce. 

I 26.  Yeas  and  nays. 

' 27.  Election  for  members  of  the 
general  assembly. 


0.  OF  lU-  UB, 


52 


CONSTITUTION  OF  NORTH  CAROLINA. 


Section 

28.  Pay  of  officers  and  members  of 
the  general  assembly. 

28.  Extra  session. 

ARTICLE  III. 

Executive  Department. 

1.  Officers  of  the  executive  de- 
partment. 

1.  Terms  of  office. 

2.  Qualifications  of  Governor  and 

Lieutenant-Governor. 

3.  Returns  of  elections. 

4.  Oath  of  office  for  Governor. 

5.  Duties  of  Governor. 

6.  Reprieves,  commutations  and 

pardons. 

7.  Annual  reports  from  officers  of 

executive  department  and 
of  public  institutions. 

8.  Commander-in-chief. 

9.  Extra  sessions  of  general  assem- 

bly. 

10.  Officers  whose  appointments  are 

not  otherwise  provided  for. 

11.  Duties  of  Lieutenant-Goverrfor. 

12.  In  case  of  impeachment  of  Gov- 

ernor or  vacancy  caused  by 
death  or  resignation. 

13.  Duties  of  other  executive  offi- 

cers. 

14.  Council  of  State. 

15.  Compensation  of  executive  of- 

ficers. 

16.  Seal  of  State. 

17.  Department  of  agriculture,  im- 

migration and  statistics. 

ARTICLE  IV. 

Judicial  Department. 

1.  Abolishes  the  distinctions  be- 
tween actions  at  law  and  suits 
in  equity. 

1.  Feigned  issues  abolished. 

2.  Division  of  judicial  powers. 

3.  Trial  court  of  impeachment. 

4.  Impeachment. 

5.  Treason  against  the  State. 

6.  Supreme  Court  Justices. 

7.  Terms  of  the  Supreme  Court. 

8.  Jurisdiction  of  the  Supreme 

Court. 

9.  Claims  against  the  State. 


Section 

10.  Judicial  districts  for  Superior 

Courts. 

11.  Residence  of  judges.  Rotation 

of  judicial  districts.  And 
Special  Terms. 

12.  Jurisdiction  of  courts  inferior 

to  Supreme  Court. 

13.  In  case  of  waiver  of  trial  by 

jury. 

14.  Special  Courts  in  cities. 

15.  Clerk  of  Supreme  Court. 

‘ 16.  Election  of  Superior  Court 
Clerk. 

17.  Terms  of  office. 

18.  Fees,  salaries  and  emoluments. 

19.  What  laws  are  and  shall  be  in 

force. 

20.  Disposition  of  actions  at  law 

and  suits  in  equity  pending 
when  this  Constitution  shall 
go  into  effect,  etc. 

21.  Election,  term  of  office,  etc.,  of 

Supreme  and  Superior  Court 
! Judges. 

22.  Transaction  of  business  in  the 

Superior  Courts. 

23.  Solicitors  for  each  judicial  dist- 

rict. 

24.  Sheriffs  and  coroners. 

25.  Vacancies. 

26.  Terms  of  office  of  first  officers 

, under  this  article. 

j 27.  Jurisdiction  of  Justices  of  the 
Peace. 

j 28.  Vacancies  in  office  of  justices, 
j 29.  Vacancies  in  office  of  Superior 
i Court  clerk. 

i 30.  Officers  of  other  courts  inferior 

to  Supreme  Court. 

31.  Removal  of  Judges  of  the  va- 

rious courts  for  inability. 

32.  Removal  of  clerks  of  the  va- 

rious courts  for  inability. 

33.  Amendments  not  to  vacate  ex- 

isting offices. 

ARTICLE  y. 

Revenue  and  Taxation. 

1.  Capitation  tax. 

1.  Exemptions. 

2.  Application  of  proceeds  of  State 

and  county  capitation  tax. 


CONSTITUTION  OF  NORTH  CAROLINA. 


53 


Section 

3.  Taxation  shall  be  by  uniform 

rule  and  ad  valorem. 

4.  Restriction  upon  the  increase  of 

the  public  debt,  except  in  cer- 
tain contingencies. 

5.  Property  exemptions  from  taxa- 

tion. 

6.  Taxes  levied  by  County  Com- 

missioners. 

7.  Acts  levying  taxes  shall  state 

object,  etc. 

ARTICLE  VI. 

Sufirage  and  Eligibility  to  Office. 

1.  Qualifications  of  an  elector. 

2.  Registration  of  electors. 

3.  Elections  by  people  and  general 

assembly. 

4.  Oath  of  office. 

5.  Disqualification  for  office. 

Mu nicipal  Co rpo rations. 

1.  County  officers. 

2.  Duties  of  County  Commission- 

ers. 

3.  Counties  to  be  divided  into  dist- 

ricts. 

4.  Said  districts  shall  have  coi-po- 
rate  powers  as  townships. 

5.  Officers  of  townships. 

6.  Trustees  shall  assess  property. 

7.  No  debt  or  loan  except  by  a 

majority  of  voters. 

8.  Drawing  of  money. 

9.  Taxes  to  be  ad  valorem. 

10.  When  officers  enter  on  duty, 

11.  Governor  to  appoint  Justices, 

12.  Charters  to  remain  in  force  un- 

til legally  changed. 

13.  Debts  in  aid  of  the  rebellion  not 

to  be  paid. 

14.  Powers  of  general  assembly 

over  municipal  corporations. 

ARTICLE  VIII. 
Corporations  Other  than  Municipal. 

1.  Corporations  under  general 

laws. 

2.  Debts  of  corporations,  how  se- 

cured. 

S.  What  corporations  shall  include. 
4.  Legislatures  to  provide  for  or- 
ganizing cities,  towns,  etc. 


ARTICLE  IX. 

Education. 

Section 

1.  Education  shall  be  encouraged. 

2.  General  assembly  shall  provide 

for  schools. 

2.  Separation  of  the  races. 

3.  Counties  to  be  divided  into 

districts. 

4.  What  property  shall  be  devoted 

to  educational  purposes. 

5.  County  school  funds. 

5.  Proviso. 

6.  Election  of  trustees  and  pro- 

vision for  maintenance  of  the 
university. 

7.  Benefits  of  the  university. 

8.  Board  of  education. 

9.  President  and  secretary. 

10.  Power  of  board. 

11.  First  session  of  board. 

12.  Quorum. 

13.  Expenses. 

14.  Agricultural  department. 

15.  Children  must  attend  school. 

ARTICLE  X. 

Homesteads  and  Exemptions. 

1.  Exemption. 

2.  Homestead. 

3.  Homestead  exempted  from  debt. 

4.  Laborer’s  lien. 

5.  Benefit  of  widow. 

6.  Property  • of  a married  female 

secured  to  her. 

7.  Husband  may  insure  his  life  for 

the  benefit  of  wife  and  child- 
ren. 

8.  How  deed  for  homestead  may 

be  made. 

ARTICLE  XI. 

Punishments,  Penal  Institutions  and 
Public  Charities. 

1.  Punishments. 

1.  Convict  labor. 

1.  Proviso. 

2.  Death  punishment 

3.  Penitentiary. 

4.  Houses  of  correction. 

5.  Houses  of  refuge. 

6.  The  sexes  to  be  separated. 


54 


CONSTITUTION  OF  NORTH  CAROLINA. 


Section 

7.  Provision  for  the  poor  and  or- 

phans. 

8.  Orphan  houses, 

9.  Inebriates  and  idiots. 

10.  Deaf-mutes,  blind  and  insane. 

11.  Self  supporting-. 

ARTICLE  XII. 

Militia. 

1.  Who  are  liable  to  militia  duty. 

2.  Organizing,  etc. 

3.  Governor,  commander-in-chief. 

4.  Exemptions. 

ARTICLE  XIII. 
AmendmenU. 

1.  Convention,  ho-w  called. 


Section 

2.  How  Constitution  may  be  al- 
tered. 

ARTICLE  XIV. 

Miscellaneous. 

1.  Indictments. 

2.  Penalty  for  fighting  duel. 

3.  Drawing  money. 

4.  Mechanic’s  lien. 

5.  Governor  to  make  appointments. 

6.  Seat  of  government. 

7.  Holding  office. 

8.  Intermarriage  of  whites  and 

negroes  prohibited. 


PREAMBLE. 

We,  the  people  of  the  State  of  North  Carolina,  grateful  to 
Almighty  God,  the  sovereign  ruler  of  nations,  for  the  preserva- 
tion of  the  American  Union,  and  the  existence  of  our  civil, 
political  and  religious  liberties,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of  those  blessings 
to  us  and  our  posterity,  do,  for  the  more  certain  security 
thereof,  and  for  the  better  government  of  this  State,  ordain 
and  establish  this  Constitution: 


ARTICLE  I. 

Declaration  of  Rights. 

That  the  great,  general  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  established,  and  that 
the  relations  of  this  State  to  the  Union  and  Government  of  the 
United  States,  and  those  of  the  people  of  this  State  to  the  rest 
of  the  American  people,  may  be  defined  and  affirmed,  we  do 
declare: 

Section  1.  That  we  hold  it  to  be  self-evident  that  all  men 
are  created  equal;  that  they  are  endowed  by  their  Creator  with 
certain  inalienable  rights;  that  among  these  are  life,  liberty, 
the  enjoyment  of  the  fruits  of  their  own  labor,  and  the  pursuit 
of  happiness. 

•Sec.  2.  That  all  j^olitical  power  is  vested  in,  and  derived 
from,  the  x>eople;  all  government  of  right  originates  from  the 
people,  is  founded  upon  their  will  only,  and  is  instituted  solely 
for  the  good  of  the  whole. 


CONSTITUTION  OF  NORTH  CAROLINA. 


55 


Sec.  3.  Thac  the  people  of  this  State  have  the  inherent,  sole 
and  exclusive  ri^ht  of  regulating  the  internal  government  and 
police  thereof,  and  of  altering  and  abolishing  their  Constitution 
and  form  of  government  whenever  it  may  be  necessary  for  their 
safety  and  happiness;  but  every  such  right  should  be  exercised 
in  pursuance  of  law,  and  consistently  with  the  Constitution  of 
the  United  States. 

Sec.  4.  That  this  State  shall  ever  remain  a member  of  the 
American  Union;  that  the  people  thereof  are  a part  of  the 
American  Nation;  that  there  is  no  right  on  the  part  of  the  State 
to  secede,  and  that  all  attempts,  from  whatever  source  or  upon 
whatever  pretext,  to  dissolve  said  Union,  or  to  sever  said  Nation, 
ought  to  be  resisted  with  the  whole  power  of  the  State. 

Sec.  5.  That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  Government  of  the  United 
States,  and  that  no  law  or  ordinance  of  the  State*  in  contra- 
vention or  subversion  thereof  can  have  any  binding  force. 

Sec.  6.  The  State  shall  never  assume  to  pay,  or  authorize  the 
collection  of  any  debt  or  obligation,  express  or  implied,  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave;  nor  shall 
the  General  Assembly  assume  or  pay,  or  authorize  the  collection 
of  any  tax  to  pay,  either  directly  or  indirectly,  express  or  implied, 
any  debt  or  bond  incurred,  or  issued,  by  authority  of  the  conven- 
tion of  the  year  one  thousand  eight  hundred  and  sixty-eight, 
nor  any  debt  or  bond,  incurred  or  issued  by  the  Legislature  of 
the  year  one  thousand  eight  hundred  and  sixty-eight,  either  at 
its  special  session  of  the  year  one  thousand  eight  hundred  and 
sixty-eight,  or  at  its  regular  session  of  the  year  one  thousand 
eight  hundred  and  sixty-eight  and  one  thousand  eight  hundred 
and  sixty-nine,  and  one  thousand  eight  hundred  and  seventy, 
except  the  bonds  issued  to  fund  the  interest  on  the  old  debt  of 
the  State,  unless  the  proposing  to  pay  the  same  shall  have  first 
been  submitted  to  the  people  and  by  them  ratified  by  the  vote 
of  a majority  of  all  the  qualified  voters  of  the  State,  at  a regular 
election  held  for  that  purpose. 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclush^e  or 
separate  emoluments  or  privileges  from  the  community  but  in 
consideration  of  public  services. 


5G 


CONSTITUTION  OF  NOKTH  CAKOLINA. 


Sec.  8.  The  legislative,  executive  and  supreme  judicial  powers 
of  the  government  ought  to  be  forever  separate  and  distinct 
from  each  other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of 
laws,  by  any  authority,  without  the  consent  of  the  representa- 
tives of  the  people,  is  injurious  to  their  rights,  and  ought  not  to 
be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec.  11.  In  all  criminal  prosecutions,  every  man  has  the  right 
to  be  informed  of  the  accusation  against  him  and  to  confront 
the  accusers  and  witnesses  with  other  testimony,  and  to  have 
counsel  for  his  defense,  and  not  be  compelled  to  give  evidence 
against  himself  or  to  pay  costs,  jail  fees,  or  necessary  witness 
fees  of  the  defense,  unless  found  guilty. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal 
charge,  except  as  hereinafter  allowed,  but  by  indictment,  pre- 
sentment or  impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime  but  by 
the  unanimous  verdict  of  a jury  of  good  and  lawful  men  in  open 
court.  The  Legislature  may,  however,  provide  other  means  of 
trial  for  petty  misdemeanors,  with  the  right  of  appeal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  nor  unusual  punishments  inflicted. 

Sec.  15.  General  warrants,  whereby  any  oflicer  or  messenger 
may  be  commanded  to  search  suspected  places,  without  evidence 
of  the  act  committed,  or  to  seize  any  person  or  persons  not 
named,  whose  offense  is  not  particularly  described  and  supported 
by  evidence,  are  dangerous  to  liberty  and  ought  not  to  be 
granted. 

Sec.  16.  There  shall  be  no  imprisonment  for  debt  in  this 
State,  except  in  cases  of  fraud. 

Sec.  17.  No  person  ought  to  be  taken,  imprisoned,  or  dis- 
seized of  his  freehold,  liberties  or  privileges,  or  outlawed  or 
exiled,  or  in  any  manner  deprived  of  his  life,  liberty  or  prop- 
erty, but  by  the  law  of  the  land. 

Sec.  18.  Eveiy  person  restrained  of  his  liberty  is  entith^d 
to  a remedy  to  inquire  into  the  lawfulness  thereof,  and  to  remove 
the  same,  if  unlawful;  and  such  remedy  ought  not  to  be  denied 
*r  delayed. 


COXSTITI  TIOX  OF  XORTH  CAROLIXA. 


57 


‘^Soe.  19.  Tn  all  controversies  at  law  respectinj^:  property,  the 
ancient  inode  of  trial  by  jury  is  one  of  the  best  securities  of  the 
rights  of  the  people,  and  ought  to  remain  sacred  and  inviolable. 

Sec.  20.  The  freedom  of  the  press  is  one  of  the  great  bul- 
t\arks  of  liberty,  and  therefore  ought  never  to  be  restrained, 
but  every  individual  shall  be  held  responsible  for  the  abuse  of 
the  same. 

Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended. 

Sec.  22.  As  political  rights  and  privileges  are  not  dependent 
upon,  or  modified  by,  property,  therefore  no  property  qualifica- 
tion ought  to  effect  the  right  to  vote  or  hold  office. 

Sec.  23.  The  people  of  the  State  ought  not  to  be  taxed,  or 
made  subject  to  the  payment  of  any  impost  or  duty  without  the 
consent  of  themselves,  or  their  representatives  in  the  General 
Assembly  freely  given. 

Sec.  24.  A well  regulated  militia  being  necessary  to  the  secur- 
ity of  a free  State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  liberty,  they  ought  not  to  be  kept  up,  and  the 
military  should  be  kept  under  strict  subordination  to,  and  gov- 
erned by,  the  civil  power.  Xothing  herein  contained  shall  jus- 
tify the  practice  of  carrying  concealed  weapons,  or  prevent  the 
Legislature  from  enacting  penal  statutes  against  said  practice. 

Sec.  25.  The  people  have  a right  to  assemble  together  to 
consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  Legislature  for  redress  of  grievances. 
But  secret  political  societies  are  dangerous  to  the  liberties  of  a 
free  people,  and  should  not  be  tolerated. 

Sec.  26.  All  men  have  a natural  and  inalienable  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences,  and  no  human  authority  should,  in  any  case  what- 
ever, control  or  interfere  with  the  rights  of  conscience. 

Sec.  27.  The  people  have  the  right  to  the  privilege  of  educa- 
tion, and  it  is  the  duty  of  the  State  to  guard  and  maintain  that 
right. 

Sec.  28.  For  redress  of  grievances,  and  for  amending  and 
strengthening  the  laws,  elections  should  be  often  held. 

Sec.  29.  A frequent  recurrence  to  fundamental  principlea 
is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 


58 


CONSTITUTION  OF  NORTH  CAROLINA. 


Sec.  30.  No  hereditary  emoluments,  privileges  or  honors 
ought  to  be  granted  or  conferred  in  this  State. 

Sec.  31  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a free  State,  and  ought  not  to  be  allowed. 

Sec.  32.  Retrospective  laws,  punishing  acts  committed  before 
the  existence  of  such  laws,  and  by  them  only  declared  criminal, 
are  oppressive,  unjust  and  incompatible  with  liberty;  wherefore 
no  ex  post  facto  law  ought  to  be  made.  No  law  taxing  retro- 
spectively sales,  purchases,  or  other  acts  previously  done,  ought 
to  be  passed. 

Sec.  33.  Slavery  and  involuntary  servitude,  otherwise  than 
for  crime,  whereof  the  parties  shall  have  been  duly  convicted, 
shall  be  and  are  hereby  forever  prohibited  within  this  State. 

Sec.  34.  The  limits  and  boundaries  of  the  State  shall  be  and 
remain  as  they  now  are. 

Sec.  35.  All  courts  shall  be  open;  and  every  person  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  admin- 
istered without  sale,  denial  or  delay. 

Sec.  3G.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a manner  prescribed  by  law. 

Sec.  37.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people;  and  all  powers 
not  herein  delegated  remain  with  the  people. 

ARTICLE  II. 

Legislative  Department. 

Section  1.  The  legislative  authority  shall  be  vested  in  two 
distinct  branches,  both  dependent  on  the  people,  to  wit:  A 

Senate  and  House  of  Representatives. 

Sec.  2.  The  Senate  and  House lof  Representatives  shall  meet 
biennially  on  the  first  Wednesday  after  the  first  Monday  in 
January  next  after  their  election;  and,  when  assembled,  shall 
be  denominated  the  General  Assembly.  Neither  house  shall 
proceed  upon  public  business  unless  a majority  of  all  the  mem- 
bers are  actually  present. 

Sec.  3.  The  Senate  shall  lu‘  eonipos(‘d  of  fifty  Senators,  bien- 
nially chosen  by  ballot. 


CONSTITUTION  OF  NORTH  CAROLINA. 


59 


Sec.  4.  The  Senate  districts  shall  he  so  altered  by  the  Gen- 
eral Assembly,  at  the  first  session  after  the  return  of  every  enu- 
meration by  order  of  Congress,  that  each  Senate  district  shall 
contain,  as  near  as  may  be,  an  equal  number  of  inhabitants, 
excluding  aliens  and  Indians  not  taxed,  and  shall  remain  unal- 
tered until  the  return  of  another  enumeration,  and  shall  at  all 
times  consist  of  contiguous  territory;  and  no  county  shall  be 
divided  in  the  formation  of  a Senate  district,  unless  such  county 
shall  be  equitably  entitled  to  two  or  more  Senators. 

Sec.  5.  The  House  of  Representatives  shall  be  composed  of 
one  hundred  and  twenty  representatives,  biennially  chosen  by 
ballot,  to  be  elected  by  the  counties  respectively,  according  to 
their  population,  and  each  county  shall  have  at  least  one  repre- 
sentative in  the  House  of  Representatives,  although  it  may  not 
contain  the  requisite  ratio  of  representation;  this  apportion- 
ment shall  be  made  by  the  General  Assembly  at  the  respective 
times  and  periods  when  the  districts  of  the  Senate  are  herein- 
before directed  to  be  laid  off. 

Sec.  6.  In  making  the  apportionment  in  the  House  of  Repre- 
sentatives, the  ratio  of  representation  shall  be  ascertained  by  di- 
viding the  amount  of  the  population  of  the  State,  exclusive  of  that 
comprehended  within  those  counties  which  do  not  severally 
contain  the  one  hundred  and  twentieth  part  of  the  population 
of  the  State,  by  the  number  of  Representatives,  less  the  number 
assigned  to  such  counties;  and  in  ascertaining  the  number  of 
the  population  of  the  State,  aliens  and  Indians  not  taxed  shall 
not  be  included.  To  each  county  containing  the  said  ratio, 
and  not  twice  the  said  ratio,  there  shall  be 

assigned  one  representative;  to  each  county  con- 

taining two  but  not  three  times  the  said  ratio,  there  shall  be 
assigned  two  representatives,  and  so  on  progressively,  and  then 
the  remaining  representatives  shall  be  assigned  severally  to  the 
counties  having  the  largest  fractions. 

Sec.  7.  Each  member  of  the  Senate  shall  not  be  less  than 
twenty-five  years  of  age,  shall  have  resided  in  the  State  as  a 
citizen  two  years,  and  shall  have  usually  resided  in  the  district 
from  which  he  is  chosen,  one  year  immediately  preceding  his 
election. 

Sec.  8.  Each  member  of  the  House  of  Representatives  shall 
be  a qualified  elector  of  the  State,  and  shall  have  resided  in  the 


m 


CONSTITUTION  OF  NORTH  CAROLINA. 


county  for  which  he  is  chosen,  for  one  year  immediately  preced- 
ing his  election. 

Sec.  9.  In  the  election  of  all  officers,  whose  appointment  shall 
be  conferred  upon  the  General  Assembly  by  the  Constitution, 
the  vote  shall  be  viva  voce. 

Sec.  10.  The  General  Assembly  shall  have  power  to  pass 
general  laws  regulating  divorce  and  alimony,  but  shall  not  have 
power  to  grant  a divorce  or  secure  alimony  in  any  individual 
case. 

Sec.  11.  The  General  Assembly  shall  not  have  power  to  pass 
any  private  law  or  alter  the  name  of  any  person,  or  to  legitimate 
any  person  not  born  in  lawful  wedlock,  or  to  restore  to  the  rights 
of  citizenship  any  person  convicted  of  an  infamous  crime,  but 
shall  haA^e  poAver  to  pass  general  laws  regulating  the  same. 

Sec.  12.  Tlie  General  Assembly  shall  not  pass  any  private 
laAv,  unless  it  shall  be  made  to  appear  that  thirty  days  notice 
of  application  to  pass  such  a law  shall  have  been  given,  under 
such  direction  and  in  such  manner  as  shall  be  provided  by  law. 

Sec.  18.  If  A^acancies  shall  occur  in  the  General  Assembly  by 
death,  resignation  or  otherwise,  Avrits  of  election  shall  be  issued 
by  the  GoA^ernor  under  such  regulations  as  may  be  prescribed 
by  laAV. 

Sec.  14.  No  law  shall  be  passed  to  raise  money  on  the  credit 
of  the  State,  or  to  pledge  the  faith  of  the  State,  directly  or  indi- 
rectly, for  the  payment  of  any  debt,  or  to  impose  any  tax  upon 
The  people  of  the  State,  or  allow  the  counties,  cities  or  towns  to 
do  so,  unless  tiie  bill  for  the  purpose  shall  haA^e  been  read  three 
several  times  in  each  house  of  the  General  Assembly,  and  passed 
three  seAeral  readings,  Avhich  readings  shall  have  been  on  three 
different  days,  and  agreed  to  by  each  house  respectively,  and 
unless  the  yeas  and  nays  on  the  second  and  third  readings  of 
the  bill  shall  have  been  entered  on  the  journal. 

Sec.  15.  The  General  Assembly  shall  regulate  entails  in  such 
manner  as  to  preA^ent  perpetuities. 

Sec.  If).  Each  house  shall  keep  a journal  of  its  proceedings, 
Avhich  shall  be  printed  and  made  public  immediately  after  the 
adjournment  of  the  General  Assembly. 

Sec.  17.  Any  member  of  either  house  may  dissent  from  and 
protest  against,  any  act  or  resolve,  which  he  may  think  injurious 
to  the  public,  or  any  individual,  and  have  the  reasons  of  his  dis- 
sent entered  on  the  journal. 


CONSTITUTION  OF  NORTH  CAROLINA. 


G1 


Sec  18.  The  House  of  Representatives  shall  choose  their  own 
Speaker  and  other  officers. 

Sec.  19.  The  Lieutenant-G-overnor  shall  preside  in  the  Senate^ 
hut  shall  have  no  vote  unless  it  may  be  equally  divided. 

Sec.  20.  The  Senate  shall  choose  its  other  officers  and  also  a 
Speaker  (pro  tempore)  in  the  absence  of  the  Lieutenant-Governor, 
or  when  he  shall  exercise  the  office  of  Governor. 

Sec.  21.  The  style  of  the  acts  shall  be ; “ The  General  Assem- 

bly of  North  Carolina  do  enact.” 

Sec.  22.  Each  house  shall  be  a judge  of  the  qualifications  and 
election  of  its  own  members,  shall  sit  upon  its  own  adjournment 
from  day  to  day,  prepare  bills  to  be  passed  into  laws;  and  the 
two  houses  may  also  jointly  adjourn  to  any  future  day  or  other 
place. 

Sec.  23.  All  bills  and  resolutions  of  a legislative  nature  shall 
be  read  three  times  in  each  house,  before  they  pass  into  laws; 
and  shall  be  signed  by  the  presiding  officers  of  both  houses. 

Sec.  24.  Each  member  of  the  General  Assembly,  before  tak- 
ing his  seat,  shall  take  an  oath  or  affirmation  that  he  will  sup- 
port the  Constitution  and  laws  of  the  United  States,  and  the 
Constitution  of  the  State  of  -North  Carolina,  and  will  faithfully 
discharge  his  duty  as  a member  of  the  Senate  or  House  of 
Representatives. 

Sec.  25.  The  terms  of  office  for  Senators  and  members  of  the 
House  of  Representatives  shall  commence  at  the  time  of  their 
election. 

Sec.  26.  Upon  motion  made  and  seconded  in  either  house 
by  one-fifth  of  the  members  present,  the  yeas  and  nays  upon  any 
question  shall  be  taken  and  entered  upon  the  journals. 

Sec.  27.  The  election  for  members  of  the  General  Assembly 
shall  be  held  for  the  respective  districts  and  counties,  at  the 
places  where  they  are  now  held,  or  may  be  directed  hereafter  to 
be  held,  in  such  manner  as  may  be  prescribed  by  law,  on  the  first 
Thursday  in  August,  in  the  year  one  thousand  eight  hundred 
and  seventy,  and  every  two  years  thereafter.  But  the  General 
Assembly  may  change  the  time  of  holding  the  elections. 

Sec.  28.  The  members  of  the  General  Assembly  for  the  term 
for  which  they  have  been  elected  shall  receive  as  a compensa- 
tion for  their  services  the  sum  of  four  dollars  per  day  for  each 
day  of  their  session,  for  a period  not  exceeding  sixty  days;  and 


62 


CONSTITUTION  OF  NORTH  CAROLINA. 


should  they  remain  longer  in  session,  they  shall  serve  without 
compensation.  They  shall  also  be  entitled  to  receive  ten  cents 
per  mile,  both  while  coming*  to  the  seat  of  government  and 
while  returning  home,  the  said  distance  to  be  computed  by  the 
nearest  line  or  route  of  public  travel.  The  compensation  of  the 
presiding  officers  of  the  two  houses  shall  be  six  dollars  per  day  and 
mileage.  Should  an  extra  session  of  the  General  Assembly  be 
called,  the  members  and  presiding  officers  shall  receive  a like 
rate  of  compensation  for  a period  not  exceeding  twenty  days. 

ARTICLE  III. 

Krec u tire  'tm ent. 

Section  1.  The  executive  department  shall  consist  of  a Gov- 
ernor, in  whom  shall  be  vested  the  supreme  executive  power  of 
the  State,  a Lieutenant-Governor,  a Secretary  of  State,  an 
Auditor,  a Treasurer,  a Superintendent  of  Public  Instruction, 
and  an  Attorney-General,  who  shall  be  elected  for  a term  of  four 
years  by  the  qualified  electors  of  the  State,  at  the  same  time  and 
places  and  in  the  same  manner  as  members  of  the  General 
Assembly  are  elected.  Their  term  of  office  shall  commence  on 
the  first  day  of  January  next  after  their  election,  and  continue 
until  their  successors  are  elected  and  qualified:  Provided,  That 

the  officers  first  elected  shall  assume  the  duties  of  their  office 
ten  days  after  the  approval  of  this  Constitution  by  the  Congress 
of  the  United  States,  and  shall  hold  their  offices  four  years  from 
and  after  the  first  day  of  January. 

Sec.  2.  No  person  shall  be  eligible  as  Governor  or  Lieutenant- 
Governor  unless  he  shall  have  attained  the  age  of  thirty  years, 
shall  have  been  a citizen  of  the  United  States  five  years,  and 
shall  have  been  a resident  of  this  State  for  two  years  next  before 
the  election;  nor  shall  the  person  elected  to  either  of  these  two 
offices  be  eligible  to  the  same  office  more  than  four  years  in 
any  term  of  eight  years,  unless  the  office  shall  have  been  cast 
upon  him  as  Lieutenant-Governor  or  President  of  the  Senate. 

Sec.  3.  The  return  of  every  election  for  officers  of  the  execu- 
tive department  shall  be  sealed  up  and  transmitted  to  the  seat 
of  government  by  the  returning  officers,  directed  to  the  Speaker 
of  the  House  of  Representatives,  who  shall  open  and  publish  the 
same  in  the  presence  of  a majority  of  the  members  of  both  houses 
of  the  General  Assembly.  The  person  having  the  highest  num- 


CONSTITUTION  OF  NORTH  CAROLINA. 


63 


ber  of  v^otes  respectively  shall  be  declared  duly  elected;  but  if 
two  or  more  be  equal  and  hiji^hest  in  votes  for  the  same  office, 
then  one  ot  them  shall  be  chosen  by  joint  ballot  of  both  houses 
of  the  General  Assembly.  Contested  elections  shall  be  deter- 
mined by  a joint  ballot  of  both  houses  of  the  General  Assembly 
in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  Governor,  before  entering  upon  the  duties  of  his 
office,  shall,  in  the  presence  of  the  members  of  both  branches  of 
the  General  Assembly,  or  before  any  justice  of  the  Supreme 
Court,  take  an  oath  or  affirmation  that  he  will  support  the  Con- 
stitution and  laws  of  the  United  States,  and  of  the  State  of 
North  Carolina,  and  that  he  will  faithfully  perform  the  duties 
appertaining  to  the  office  of  Governor,  to  which  he  has  been 
elected. 

Sec.  5.  The  Governor  shall  reside  at  the  seat  of  government 
of  this  State,  and  he  shall,  from  time  to  time,  give  the  General 
Assembly  information  of  the  affairs  of  the  State,  and  recom- 
mend to  their  consideration  such  measures  as  he  shall  deem 
expedient. 

Sec.  6.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons,  after  conviction,  for  all  offenses 
(except  in  cases  of  impeachment),  upon  such  conditions  as  he 
may  think  proper,  subject  to  such  regulations  as  may  be  pro- 
vided by  law  relative  to  the  manner  of  applying  for  pardons. 

He  shall  biennially  communicate  to  the  General  Assembly 
each  case  of  reprieve,  commutation  or  pardon  granted,  stating 
the  name  of  each  convict,  the  crime  for  which  he  was  convicted, 
the  sentence  and  its  date,  the  date  of  commutation,  pardon  or 
reprieve,  and  the  reasons  therefor. 

Sec.  7.  The  officers  of  the  executive  department  and  of  the 
public  institutions  of  the  State,  shall  at  least  five  days  previous 
to  each  regular  session  of  the  General  Assembly,  severally  report 
to  the  (jrovernor,  who  shall  transmit  such  reports  with  his  mes- 
sage to  the  General  Assembly;  and  the  Governor  may,  at  any 
time,  require  information  in  writing  from  the  officers  in  the 
executive  department  upon  an^^  subject  relating  to  the  duties 
of  their  respective  offices,  and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  8.  The  Governor  shall  be  Commander-in-Chief  of  the 
militia  of  the  State,  except  when  they  shall  be  called  into  the 
.service  of  the  United  States. 


CONSTITUTION  OF  NORTH  CAROLINA. 


f)4 


Sec.  9.  The  Governor  shall  have  power,  on  extraordinary 
occasions,  by  and  with  the  advice  of  the  Council  of  State,  to  con- 
vene the  General  Assembly  in  extra  session  by  his  proclamation, 
stating’  therein  the  pui^pose  or  purposes  for  which  they  are  thus 
convened. 

Sec.  10.  The  Governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  a majority  of  the  Senators-elect,  appoint 
all  officers  Avhose  offices  are  established  by  this  Constitution 
and  whose  appointments  are  not  otherwise  provided  for. 

Sec.  11.  The  Lieutenant-Governor  shall  be  president  of  the 
Senate,  but  shall  have  no  vote  unless  the  Senate  be  equally 
divided.  He  shall,  whilst  acting  as  president  of  the  Senate, 
receive  for  his  services  tln^  same  pay  which  shall,  for  the  same 
period,  be  allowed  to  the  Speaker  of  the  House  of  Representa- 
tives; and  he  shall  receive  no  other  compensation  except  when 
he  is  acting  as  Governor. 

Sec.  12.  In  case  of  the  impeachment  of  the  Governor,  his 
failure  to  qualify,  his  absence  from  the  State,  his  inability  to 
discharge  the  duties  of  his  office,  or,  in  case  the  office  of  Gov- 
ernor shall  in  anywise  become  vacant,  the  powers,  duties  and 
emoluments  of  the  office  shall  devolve  upon  the  Lieutenant-Gov- 
ernor until  the  disability  shall  cease,  or  a new  Governor  shall 
be  elected  and  qualified.  In  every  case  in  which  the  Lieutenant- 
Governor  shall  be  unable  to  preside-  over  the  Senate,  the  Sena- 
tors shall  elect  one  of  their  own  number  president  of  their  body; 
and  the  powers,  duties  and  emoluments  of  the  office  of  Gov- 
ernor shall  devolve  upon  him  whenever  the  Lieutenant-Governor 
shall,  for  any  reason,  be  prevented  from  discharging  the  duties 
of  such  office  as  above  provided,  and  he  shall  continue  as  acting 
Governor  until  the  disabilities  are  removed,  or  a new  Governor 
or  Lieutenant-Governor  shall  be  elected  and  qualified.  When- 
ever, during  the  recess  of  the  General  Assembly,  it  shall  become 
necessary  for  the  President  of  the  Senate  to  administer  the 
government,  the  Secretary  of  State  shall  convene  the  Senate, 
that  they  may  elect  such  President. 

Sec*.  1.2.  The  respective  duties  of  the  Secretary  of  State,  Auditor. 
Treasurer,  Superintendent  of  Public  Instruction,  and  Attoniey- 
General  shall  be  prescribed  by  law.  If  the  office  of  any  of  said 
officers  shall  be  vacated  by  death,  resignation  or  otherwise,  it 
shall  be  the  duty  of  the  Governor  to  appoint  another  until  the 


CONSTITUTION  OF  NORTH  CAROLINA. 


65 


disability  be  removed  or  his  successor  be  elected  and  qualified. 
Every  such  vacancy  shall  be  filled  by  election  at  the  first  general 
election  that  occurs  more  than  thirty  days  after  the  vacancy  haa 
taken  place,  and  the  person  chosen  shall  hold  the  office  for  the 
remainder  of  the  unexpired  term  fixed  in  the  first  section  of  this 
article. 

Sec.  14.  The  Secretary  of  State,  Auditor,  Treasurer  and  Super- 
intendent of  Public  Instruction  shall  constitute,  ex  officio,  the 
Council  of  State,  who  shall  advise  the  Governor  in  the  execution 
of  his  office,  and  three  of  whom  shall  constitute  a quorum.  Their 
advice  and  proceedings  in  this  capacity  shall  be  entered  in  a 
journal  to  be  kept  for  this  purpose  exclusively,  and  signed  by  the 
members  present,  from  any  part  of  which  any  member  may  enter 
his  dissent;  and  such  journal  shall  be  placed  before  the  General 
Assembly  when  called  for  by  either  house.  The  Attorney-Gen- 
eral shall  be,  ex  officio,  the  legal  adviser  of  the  executive  depart- 
ment. 

Sec.  15.  The  officers  mentioned  in  this  article  shall,  at  stated 
periods,  receive  for  their  services  a compensation  to  be  estab- 
lished by  law,  which  shall  neither  be  increased  nor  diminished 
during  the  time  for  which  they  shall  have  been  elected,  and  the 
said  officers  shall  receive  no  other  emolument  or  allowance  what- 
ever. 

Sec.  16.  There  shall  be  a seal  of  the  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him  as  occasion  may  require, 
and  shall  be  called  “ The  Great  Seal  of  the  State  of  North  Caro- 
lina.’^ All  grants  and  commissions  shall  be  issued  in  the  name 
and  by  the  authority  of  the  State  of  North  Carolina,  sealed  with 
“ the  Great  Seal  of  the  State,”  signed  by  the  Governor  and  coun- 
tersigned by  the  Secretary  of  State. 

Sec.  17.  The  General  Assembly  shall  establish  a Department 
of  Agriculture,  Immigration  and  Statistics,  under  such  regula- 
tions as  may  best  promote  the  agricultural  interests  of  the  State, 
and  shall  enact  laws  for  the  adequate  protection  and  encourage- 
ment of  sheep  husbandry. 

ARTICLE  IV. 

Judicial  Department. 

Section  1.  The  distinctions  between  actions  at  law  and  suita 
in  equity,  and  the  forms  of  all  such  actions  and  suits,  shall  be 

5 


66 


CONSTITUTION  OF  NORTH  CAROLINA. 


abolished;  and  there  shall  be  in  this  State  but  one  form  of  ac- 
tion, for  the  enforcement  or  protection  of  private  rights  or  the 
redress  of  private  wrongs,  which  shall  be  denominated  a civil 
action;  and  every  action  prosecuted  by  the  people  of  the  State 
as  a party  against  a person  charged  with  a public  offense,  for  the 
punishment  of  the  same,  shall  be  termed  a criminal  action. 
Feigned  issues  shall  also  be  abolished,  and  the  fact  at  issue  tried 
by  order  of  court  before  a jury. 

Sec.  2.  The  judicial  power  of  the  State  shall  be  vested  in  a 
court  for  the  trial  of  impeachments,  a Supreme  Court,  Superior 
Courts,  Courts  of  Justices  of  the  Peace,  and  such  other  courts 
inferior  to  the  Supreme  Court  as  may  be  established  by  law. 

Sec.  3.  The  court  for  the  trial  of  impeachments  shall  be  the 
Senate.  A majority  of  the  members  shall  be  necessary  to  a 
quorum,  and  the  judgment  shall  not  extend  beyond  removal  from, 
and  disqualification  to  hold  office  in,  this  State;  but  the  party 
shall  be  liable  to  indictment  and  punishment  according  to  law. 

Sec.  4.  The  House  of  Representatives  solely  shall  have  the 
power  of  impeaching.  No  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  Senators  present.  When  the 
Governor  is  impeached,  the  chief  justice  shall  preside. 

Sec.  5.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason,  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confes- 
sion in  open  court.  No  conviction  of  treason  or  attainder  shall 
work  corruption  of  blood  or  forfeiture. 

Sec.  6.  The  Supreme  Court  shall  consist  of  a chief  justice  and 
-four  associate  justices. 

Sec.  7.  The  terms  of  the  Supreme  Court  shall  be  held  in  the 
- city  of  Raleigh,  as  now,  unless  otherwise  provided  by  the  General 
Assembly. 

Sec.  8.  The  Supreme  Court  shall  have  jurisdiction  to  review, 
upon  appeal,  any  decision  of  the  courts  below,  upon  any  matter 
of  law  or  legal  inference.  And  the  jurisdiction  of  said  court  over 
“issues  of  fact”  and  “questions  of  fact”  shall  be  the  same 
exercised  by  it  before  the  adoption  of  the  Constitution  of  one 
thousand  eight  hundred  and  sixty-eight,  and  the  court  shall  have 
the  power  to  issue  any  remedial  writs  necessary  to  give  it  a 
general  supervision  and  control  over  the  proceedings  of  the 
inferior  courts. 


CONSTITUTION  OF  NORTH  CAROLINA. 


67 


Sec.  9.  The  Supreme  Court  shall  have  original  jurisdiction  to 
hear  claims  against  the  State,  but  its  decisions  shall  be  merely 
recommendatory;  no  process  in  the  nature  of  the  execution  shall 
issue  thereon;  they  shall  be  reported  to  the  next  session  of  the 
General  Assembly  for  its  action. 

Sec.  10.  The  State  shall  be  divided  into  nine  judicial  districts, 
for  each  of  which  a judge  shall  be  chosen;  and  there  shall  be 
held  a Superior  Court  in  each  county  at  least  twice  in  each  year, 
to  continue  for  such  time  in  each  county  as  may  be  prescribed  by 
law.  Rut  the  General  Assembly  may  reduce  or  increase  the 
number  of  districts.  ' 

Sec.  11.  Every  judge  of  the  Superior  Court  shall  reside  in  the 
district  for  which  he  is  elected.  The  judges  shall  preside  in  the 
courts  of  the  different  districts  successively,  but  no  judge  shall 
hold  the  courts  in  the  same  district  oftener  than  once  in  four 
years;  but  in  case  of  the  protracted  illness  of  the  judge  assigned 
to  preside  in  any  district,  or  of  any  other  unavoidable  accident 
to  him,  by  reason  of  which  he  shall  be  unable  to  preside,  the 
Governor  may  require  any  judge  to  hold  one  or  more  specified 
terms  in  said  district,  in  lieu  of  the  judge  assigned  to  hold  the 
courts  of  the  said  district. 

Sec.  12.  The  General  Assembly  shall  have  no  power  to 
deprive  the  judicial  department  of  any  power  or  jurisdiction 
which  rightfully  pertains  to  it  as  a co-ordinate  department  of 
the  government;  but  the  General  Assembly  shall  allot  and  dis- 
tribute that  portion  of  this  power  and  jurisdiction  which  does 
not  pertain  to  the  Supreme  Court,  among  the  other  courts  pre- 
scribed in  this  Constitution  or  which  may  be  established  by  law, 
in  such  manner  as  it  may  deem  best;  provide  also  a proper  sys- 
tem of  appeals,  and  regulate  by  law,  when  necessary,  the 
methods  of  proceeding  in  the  exercise  of  their  powers,  of  all  the 
courts  below  the  Supreme  Courts,  so  far  as  the  same  may  be 
done  without  conflict  with  other  provisions  of  this  Constitution. 

Sec.  13.  In  all  issues  of  fact,  joined  in  am^  court,  the  parties 
may  waive  the  right  to  have  the  same  determined  by  a jury,  in 
which  case  the  finding  of  the  judge  upon  the  facts  shall  have 
the  force  and  effect  of  a verdict  by  a jury. 

Sec.  14.  The  General  Assembly  shall  provide  for  the  estab- 
lishment of  Special  Courts,  for  the  trial  of  misdemeanors,  in 
cities  and  towns  where  the  same  may  be  necessary. 


68 


CONSTITUTION  OF  NORTH  CAROLINA. 


Sec.  15.  The  clerk  of  the  Supreme  Court  shall  he  appointed 
by  the  court,  and  shall  hold  his  office  for  eight  years. 

Sec.  16.  A clerk  of  the  Superior  Court  for  each  county  shall 
be  elected  by  the  qualified  voters  thereof,  at  the  time  and  in  the 
manner  prescribed  by  law  for  the  election  of  members  of  the 
General  Assembly. 

Sec.  17.  Clerks  of  the  Superior  Courts  shall  hold  their  offices 
for  four  years. 

Sec.  18.  The  General  Assembly  shall  prescribe  and  regulate 
the  fees,  salaries  and  emoluments  of  all  officers  provided  for  in 
this  article;  but  the  salaries  of  the  judges  shall  not  be  dimin- 
ished  during  their  continuance  in  office. 

Sec.  19.  The  laws  of  North  Carolina,  not  repugnant  to  this 
Constitution,  or  the  Constitution  and  laws  of  the  United  States, 
shall  be  in  force  until  lawfully  altered. 

Sec.  20.  Actions  at  law,  and  suits  in  equity,  pending  when 
this  Constitution  shall  go  into  effect,  shall  be  transferred  to  the 
courts  having  jurisdiction  thereof,  without  prejudice  by  reason 
of  the  change;  and  all  such  actions  and  suits  commenced  before, 
and  pending  at  the  adoption  by  the  General  Assembly  of  the 
rules  of  practice  and  procedure  herein  provided  for,  shall  be  heard 
and  determined  according  to  the  practice  now  in  use,  unless 
otherwise  provided  for  by  said  rules. 

Sec.  21.  The  justices  of  the  Supreme  Court  shall  be  elected 
by  the  qualified  voters  of  the  State,  as  is  provided  for  the  election 
of  members  of  the  General  Assembly.  They  shall  hold  their 
offices  for  eight  years.  The  judges  of  the  Superior  Courts, 
elected  at  the  first  election  under  this  amendment,  shall  be  elected 
in  like  manner  as  is  provided  for  justices  of  the  Supreme  Court, 
and  shall  hold  their  offices  for  eight  years.  The  General  Assem- 
bly may,  from  time  to  time,  provide  by  law  that  the  judges  of  the 
Superior  Courts,  chosen  at  succeeding  elections,  instead  of  being 
elected  by  the  voters  of  the  whole  State,  as  is  herein  provided 
for,  shall  be  elected  by  the  voters  of  their  respective  districts. 

Sec.  22.  The  Superior  Courts  shall  be,  at  all  times,  open  for  the 
transaction  of  all  business  within  their  jurisdiction,  except  the 
trial  of  issues  of  fact  requiring  a jury. 

Sec.  23.  A solicitor  shall  be  elected  for  each  judicial  district 
by  the  qualified  voters  thereof,  as  is  prescribed  for  members  of 
the  General  Assembly,  who  shall  hold  office  for  the  term  of  four 


CONSTITUTION  OF  NOKTH  CAKOLINA. 


69 


y63.rs,  and  prosGCutG  on  bGlialf  of  thG  StatG,  in  aU  criminal 
actions  in  the  Superior  Courts,  and  advise  the  officers  of  justice 
in  his  district. 

Sec.  24.  In  each  county  a sheriff  and  coroner  shall  he  elected 
by  the  qualified  voters  thereof,  as  is  prescribed  for  members  of 
the  General  Assembly,  and  shall  hold  their  offices  for  two  years. 
In  each  township  there  shall  be  a constable  elected  in  like  man* 
ner  by  the  voters  thereof,  who  shall  hold  his  office  for  two  years. 
When  there  is  no  coroner  in  a county,  the  clerk  of  the  Superior 
Court  for  the  county  may  appoint  one  for  special  cases.  In  case 
of  a vac-ney  existin<?  for  any  cause  in  any  of  the  offices  created 
by  this  section,  the  commissioners  of  the  county  may  appoint  to 
such  office  for  the  unexpired  term. 

Sec.  2.5.  All  vacancies  occurring  in  the  offices  provided  for  by 
this  article  of  the  Constitution  shall  be  filled  by  the  appointments 
of  the  Governor,  unless  otherwise  provided  for,  and  the  appointees 
shall  hold  their  places  until  the  next  regular  election  for  mem* 
bers  of  the  General  Assembly,  when  elections  shall  be  held  to 
fill  such  offices.  If  any  person,  elected  or  appointed  to  any  of 
said  offices,  shall  neglect  and  fail  to  qualify,  such  offices  shall  be 
appointed  to,  held  and  filled  as  prortded  in  case  of  vacancies 
occurring  therein.  All  incumbents  of  said  offices  shall  hold  until 
their  successors  are  qualified. 

Sec.  26.  The  officers  elected  at  the  first  election  held  under 
this  Constitution  shall  hold  their  offices  for  the  terms  prescribed 
for  them  respectively,  next  ensuing  after  the  next  regular  elec* 
tion  for  members  of  the  General  Assembly.  But  their  terms 
shall  begin  upon  the  approval  of  this  Constitution  by  the  Con- 
gress of  the  United  States. 

Sec.  27.  The  several  justices  of  the  peace  shall  have  jurisdic- 
tion, under  such  regulations  as  the  General  Assembly  shall  pre- 
scribe, of  civil  actions  founded  on  contract,  wherein  the  sum 
demanded  shall  not  exceed  two  hundred  dollars,  and  wherein 
the  title  to  real  estate  shall  not  be  in  controversy;  and  of  aU 
criminal  matters  arising  within  their  counties  where  the  punish- 
ment cannot  exceed  a fine  of  fifty  dollars  or  imprisonment  for 
thirty  days.  And  the  General  Assembly  may  give  to  justices  of 
the  peace  jurisdiction  of  other  civil  actions,  wherein  the  value  of 
the  property  in  controversy  does  not  exceed  fifty  dollars.  When 
an  issue  of  fact  may  be  joined  before  a justice,  on  demand  of 
either  party  thereto,  he  shall  cause  a jury  of  six  men  to  be  sum- 


70 


CONSTITUTION  OF  NORTH  CAROLINA. 


moned,  who  shall  try  the  same.  The  party  against  whom  judg- 
ment shall  he  rendered  in  any  civil  action,  may  appeal  to  the 
Superior  Court  from  the  same.  In  all  cases  of  a criminal  nature, 
the  party  against  whom  judgment  is  given  may  appeal  to  the 
Superior  Court,  where  the  matter  shall  he  heard  anew.  In  ail 
cases  brought  before  a justice,  he  shall  make  a record  of  the 
proceedings,  and  file  the  same  with  the  clerk  of  the  Supei'ior 
Court  for  his  county. 

Sec.  28.  When  the  office  of  justice  of  the  peace  shall  become 
vacant  otherwise  than  by  expiration  of  the  term,  and  in  case  of 
a failure  by  the  voters  of  any  district  to  elect,  the  clerk  of  the 
Superior  Court  for  the  county  shall  appoint  to  fill  the  vacancy 
for  the  unexpired  term. 

Sec.  29.  In  case  the  ofifice  of  clerk  of  a Superior  Court  for  a 
county  shall  become  vacant  otherwise  than  by  the  expiration  of 
the  term,  and  in  case  of  a failure  by  the  people  to  elect,  the 
judge  of  the  Superior  Court  for  the  county  shall  appoint  to  fill 
the  vacancy  until  an  election  can  be  regularly  held. 

Sec  30.  In  case  the  General  Assembly  shall  establish  other 
courts  inferior  to  the  Supreme  Court,  the  presiding  officers  and 
clerks  thereof  shall  be  elected  in  such  manner  as  the  General 
Assembly  may  from  time  to  time  prescribe,  and  they  shall  hold 
their  offices  for  a term  not  exceeding  eight  years. 

Sec.  31.  Any  judge  of  the  Supreme  Court  or  of  the  Superior 
Courts,  and  the  presiding  officers  of  such  courts  inferior  to  the 
Supreme  Court  as  may  be  established  by  law,  may  be  removed 
from  office  for  mental  or  physical  inability,  upon  a concurrent 
resolution  of  two-tliirds  of  both  houses  of  the  General  .^.ssembly. 
The  judge  or  presiding  officer,  against  whom  the  General  Assem- 
bly may  be  about  to  proceed,  shall  receive  notice  thereof,  accom- 
panied by  a co|)v  of  the  causes  alleged  for  his  removal,  at  least 
twenty  days  before  the  day  on  wffiich  either  house  of  the  General 
Assembly  shall  act  thereon. 

Sec.  32.  Any  clerk  of  the  Supreme  Court,  or  of  the  Superior 
Courts,  or  of  such  courts  inferior  to  the  Supreme  Court  as  may  be 
established  by  law,  may  be  removed  from  office  for  mental  or 
physical  inability;  tlie  clerk  of  the  Sui)reme  Courts  by  the  judges 
of  said  court,  the  clerks  of  the  Superior  Courts  by  the  judge 
riding  tlu*  district,  and  the  clerks  of  such  courts  inferior  to  the 
Supreme  Court  as  may  be  established  by  law,  by  the  presiding 


CONSTITUTION  OF  NORTH  CAROLINA. 


71 


officers  of  said  courts.  The  clerk  against  whom  proceedings  are 
instituted  shall  receive  notice  thereof,  accompanied  by  a copy 
of  the  cause  alleged  for  his  removal  at  least  ten  daysi  befor(^  the 
day  appointed  to  act  thereon,  and  the  clerk  shall  be  entitled 
to  an  appeal  to  the  next  term  of  the  Superior  Court,  and  thence 
to  the  Supreme  Court,  as  provided  in  other  cases  of  appeals. 

Sec.  33.  The  amendments  made  to  the  Constitution  of  North 
Carolina  by  this  convention  shall  not  have  the  effect  to  vacate 
any  office  or  term  of  office  now  existing  under  the  Constitution 
of  the  State  and  filled  or  held  by  virtue  of  any  election  or  appoint- 
ment under  the  said  Constitution  and  the  laws  of  the  State  made 
in  pursuance  thereof. 

ARTICLE  V. 

Revenue  and  Taxation. 

Section  1.  The  General  Assembly  shall  levy  a capitation  tax 
on  every  male  inhabitant  in  the  State  over  tAventy-one  and  under 
fifty  years  of  age,  which  shall  be  equal  on  each  to  the  tax  on 
property  valued  at  three  hundred  dollars  in  cash.  The  commis- 
sioners of  the  several  counties  may  exempt  from  capitation  tax 
in  special  cases,  on  account  of  poverty  and  infirmity,  and  the 
State  and  county  capitation  tax  combined  shall  never  exceed  Two 
dollars  on  the  head. 

Sec.  2.  The  proceeds  of  the  State  and  county  capitation  tax 
shall  be  applied  to  the  purposes  of  education  and  the  support  of 
the  poor,  but  in  no  one  year  shall  more  than  twenty-five  per  cent 
thereof  be  appropriated  to  the  latter  purpose. 

Sec.  3.  Laws  shall  be  passed  taxing,  by  a uniform  rule,  all 
moneys,  credits,  investments  in  bonds,  stocks,  joint-stock  com- 
panies, or  otherwise;  and,  also,  all  real  and  personal  property, 
according  to  its  true  value  in  money.  The  General  Assembly 
may  also  tax  trades,  professions,  fanchises,  and  incomes,  pro- 
vided that  no  income  shall  be  taxed  when  the  property  from 
which  the  income  is  derived  is  taxed. 

Sec.  4.  Until  the  bonds  of  the  State  shall  be  at  par,  the 
General  Assembly  shall  have  no  power  to  contract  any  new  debt 
or  pecuniary  obligation  in  behalf  of  the  State,  except  to  supply 
a casual  deficit,  or  for  suppressing  invasion  or  insurrection,  unless 
it  shall  in  the  same  bill  levy  a special  tax  to  pay  the  interest 
annually.  And  the  General  Assembly  shall  liaA^e  no  power  to 


CONSTITUTION  OF  NORTH  CAROLINA. 


give  or  lend  the  credit  of  the  State  in  aid  of  any  person,  asso- 
ciation or  corporation,  except  to  aid  in  the  completion  of  such 
railroads  as  may  be  unfinished  at  the  time  of  the  adoption  of 
this  Constitution,  or  in  which  the  State  has  a direct  pecuniary 
interest,  unless  the  subject  be  submitted  to  a direct  vote  of  the 
people  of  the  State,  and  be  appro\  ed  by  tl?e  majoriU^  of  those  who 
shall  vote  thereon. 

Sec.  5.  Property  belonging  to  the  State,  or  to  municipal  cor- 
porations shall  be  exempt  from  taxation.  The  General  Assembly 
may  exempt  cemeteries  and  property  held  for  educational,  scien- 
tific, literary,  charitable  or  religious  purposes;  also,  wearing 
apparel,  arms  for  muster,  household  and  kitchen  furniture,  the 
mechanical  and  agricultural  implements  of  mechanics  and 
farmers;  libraries  and  scientific  instruments,  or  any  other  per- 
sonal property,  to  a value  not  exceeding  three  hundred  dollars. 

Sec.  6.  The  taxes  levied  by  the  commissioners  of  the  several 
counties  for  county  purposes  shall  be  levied  in  like  manner  with 
the  State  taxes,  and  shall  never  exceed  the  double  of  the  State 
tax,  except  for  a special  purpose,  and  with  the  special  approval 
of  the  General  Assembly. 

Sec.  7.  Every  act  of  the  General  Assembly  levying  a tax  shall 
state  the  special  object  to  which  it  is  to  be  applied,  and  it  shall 
be  applied  to  no  other  purpose. 

ARTICLE  VI. 

Sufrage  and  Eligibility  to  Office. 

Section  1.  Every  male  person  born  in  the  United  States,  and 
every  male  person  who  has  been  naturalized,  twenty-one  years 
old  or  upward,  wlio  shall  have  resided  in  the  State  twelve  months 
next  preceding  the  election,  and  ninety  days  in  the  county  in 
which  he  offers  to  vote,  shall  be  deemed  an  elector.  But  no  per- 
son, who,  upon  conviction  or  confession  in  open  court,  shall  be 
adjudged  guilty  of  felony,  or  any  other  crime  infamous  by  the 
laws  of  this  State,  and  hereafter  committed,  shall  be  deemed  an 
elector,  unless  such  person  shall  be  restored  to  the  rights  of 
citizenship  in  a manner  prescnbed  by  law. 

Sec.  2.  It  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide, from  time  to  time,  for  the  registration  of  all  electors;  and 
no  person  shall  be  allowed  to  vote  without  registration,  or  to 
register,  without  first  taking  an  oath  or  affirmation  to  support 


CONSTITUTION  OF  NOETH  CAEOLINA.  73 

and  maintain  the  Constitution  and  laws  of  tlie  United  States, 
and  the  Constitution  and  laws  of  North  Carolina  not  inconsistent 
therewith. 

Sec.  3.  All  elections  by  the  people  shall  be  by  ballot,  and  all 
elections  by  the  General  Assembly  shall  be  yiva  voce. 

Sec.  4.  Every  voter,  except  as  hereinafter  provided,  shall  be 
eligible  to  office;  but  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  he  shall  take  and  subscribe  the  following 

oath:  ^^I,  , do  solemnly  swear  (or  affirm)  that  I will 

support  and  maintain  the  Constitution  and  laws  of  the  United 
States,  and  the  Constitution  and  laws  of  North  Carolina  not 
inconsistent  therewith,  and  that  I will  faithfully  discharge  the 
duties  of  my  office.  So  help  me,  God.” 

Sec.  5.  The  following  classes  of  persons  shall  be  disqualified 
for  office:  First,  all  persons  who  shall  deny  the  being  of  Almighty 
God.  Second,  all  persons  who  shall  have  been  convicted  of  trea* 
son,  perjury,  or  of  any  other  infamous  crime,  since  becoming  citi- 
zens of  the  United  States,  or  of  conniption,  or  malpractice  in 
office,  unless  such  person  shall  have  been  legally  restored  to  the 
rights  of  citizenship. 

AKTTOLE  YU. 

Mimicipal  Corporations. 

Section  1.  In  each  county  there  shall  be  elected  biennially 
by  the  qualified  voters  thereof,  as  provided  for  the  election  of 
members  of  the  General  Assembly,  the  following  officers:  A 

treasurer,  register  of  deeds,  surveyor  and  five  commissioners. 

Sec.  2.  It  shall  be  the  duty  of  the  commissioners  to  exercise 
a general  supervision  and  control  of  the  penal  and  charitable 
institutions,  schools,  roads,  bridges,  levying  of  taxes,  and  finances 
of  the  county,  as  may  be  prescribed  by  law.  The  register  of 
d€^eds  shall  be,  ex  officio,  clerk  of  the  board  of  commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioners  first  elected 
in  each  county  to  divide  the  same  into  convenient  districts,  and 
to  report  the  same  to  the  General  Assembly  before  the  first  day 
of  January,  1869. 

Sec.  4.  Upon  the  approval  of  the  reports  provided  for  in  the 
foregoing  section,  by  the  General  Assembly,  the  said  districts 
shall  have  corporate  powers  for  the  necessary  purposes  of  local 
government,  and  shall  be  known  as  townships. 


74 


CONSTITUTION  OF  NORTH  CAROLINA. 


Sec.  5.  In  each  township  there  shall  he  biennially  elected  by 
the  qualified  voters  thereof  a clerk  and  two  justices  of  the  peace, 
who  shall  constitute  a board  of  trustees,  and  shall  under  the 
supervision  of  the  county  commissioners,  have  control  of  the 
taxes  and  finances,  roads,  and  bridges  of  the  townships,  as  may 
be  prescribed  by  law.  The  Greneral  Assembly  may  provide  for  the 
election  of  a larger  number  of  the  justices  of  the  peace  in  cities 
and  towns,  and  in  those  townships  in  which  cities  and  towns 
are  situated.  In  every  township  there  shall  also  be  biennially 
elected  a school  committee,  consisting  of  three  persons,  whose 
duties  shall  be  prescribed  by  law. 

Sec.  0.  The  township  board  of  trustees  shall  assess  the  tax- 
able property  of  their  townships  and  make  return  to  the  county 
commissioners  for  revision,  as  may  be  prescribed  by  law\  The 
clerk  shall  be,  ex  officio,  treasurer  of  the  township. 

Sec.  7.  No  county,  city,  town,  or  other  municipal  corporation, 
shall  contract  any  debt,  pledge  its  faith,  or  loan  its  credit,  nor 
shall  any  tax  be  levied  or  collected  by  any  officers  of  the  same, 
except  for  the  necessary  expenses  thereof,  unless  by  a vote  of 
the  majority  of  the  qualified  voters  therein. 

Sec.  8.  No  money  shall  be  drawn  from  any  county  or  town- 
ship treasury  except  by  authortiy  of  law. 

Sec.  9.  All  taxes  levied  by  any  county,  city,  town,  of  town- 
ship, shall  be  uniform  and  ad  valorem  upon  all  property  in  the 
same,  except  property  exempted  by  this  Constitution. 

Sec.  10.  The  countj^  officers  first  elected  under  the  provisions 
of  this  article  shall  enter  upon  their  duties  ten  days  after  the 
approval  of  this  Constitution  by  the  Congress  of  the  United 
States. 

Sec.  11.  The  Governor  shall  appoint  a sufficient  number  of 
justices  of  the  peace  in  each  county,  whO'  shall  hold  their  places 
until  sections  four,  five  and  six  of  this  article  shall  have  been  car- 
ried into  effect. 

Sec.  12.  All  charters,  ordinances  and  provisions  relating  to 
municipal  corporations  shall  remain  in  force  until  legally 
changed,  unless  inconsistent  with  the  provisions  of  this  Coiisritai- 
tion. 

Sec.  13.  No  county,  cit}^,  town,  or  other  municipal  corpora- 
tion shall  assume  to  pay,  nor  shall  any  tax  be  levied  or  coUected 
for  the  payment  of  any  debt,  or  the  interest  upon  any  debt,  con- 
tracted directly  or  indirectly  in  aid  or  support  of  the  rebellion. 


CONSTITUTION  OF  NOKTH  CAKOLINA. 


75 


Sec.  14.  The  General  Assembly  shall  have  full  power  by 
statute  to  modify,  change  or  abrogate  any  and  all  of  the  pro- 
visions of  this  article,  and  substitute  others  in  their  place,  except 
sections  seven,  nine  and  thirteen. 

AETICLE  VIII. 

Corporations  other  than  2funicipal. 

Section  1.  Corporations  may  be  foraied  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  for  municipal  pur- 
poses, and  in  cases  where,  in  tlie  judgment  of  the  Legisla 
ture,  the  object  of  the  corporation  cannot  be  attained  under 
general  laws.  All  general  laws  and  special  acts,  passed  pur- 
suant to  this  section,  may  be  altered  from  time  to  time,  or 
repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liabilities  of  the  corporations  and  other  means  as  may  be 
prescribed  by  law. 

Sec.  3.  The  term  corporation,  as  used  in  this  article,  shall  be 
construed  to  include  all  associations  and  joint-stock  companies, 
having  any  of  the  powers  and  privileges  of  corporations,  not 
possessed  by  individuals  or  partnerships.  And  all  corporations 
shall  have  the  right  to  sue,  and  shall  be  subject  to  be  sued  in  all 
courts,  in  lil^e  cases  as  natural  persons. 

Sec.  4.  It  shall  be  the  duty  of  the  Legislature  to  provide  for 
the  organization  of  cities,  towns  and  incorporated  villages,  and 
to  restrict  their  powder  of  taxation,  assessment,  borrowing  money, 
contracting  debts  and  loaning  their  credit,  so  as  to  prevent  abuses 
in  assessment  and  in  contracting  debts  by  such  municipal  cor- 
porations. 

AKTICLE  IX. 

Education. 

t 

Section  1.  Religion,  morality  and  knowledge  being  necessary 
to  good  government  and  the  happiness  of  mankind,  schools  and 
the  means  of  education  shall  forever  be  encouraged. 

Sec.  2.  The  General  Assembly,  at  its  first  session  under  this 
Constitution,  shall  provide  by  taxation^  and  otherwise,  for  a gen- 
eral and  uniform  system  of  public  schools,  wherein,  tuition  shall 
be  free  of  charge  to  all  the  children  of  the  State  betw^een  the  ages 
of  six  and  twenty-one  years.  And  the  children  of  the  white  race 


CONSTITUTION  OF  NORTH  CAROLINA. 


76 

and  the  children  of  the  colored  race  shall  be  taught  in  separate 
public  schools;  but  there  shall  be  no  discrinaination  in  favor  of, 
or  to  the  prejudice  of  either  race. 

Sec.  3.  Each  county  of  the  State  shall  be  divided  into  a con- 
venient number  of  districts,  in  which  one  or  more  public  schools 
shall  be  maintained  at  least  four  months  in  every  year;  and  if 
the  commissioners  of  any  county  shall  fail  to  comply  with  the 
aforesaid  requirements  of  this  section  they  shall  be  liable  to 
indictment. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been  or  hereafter 
may  be  granted  b}^  the  United  States  to  this  State,  and  not 
otherwise  appropriated  by  this  State  or  the  United  States;  also, 
all  moneys,  stocks,  bonds,  and  other  property,  now  belonging  to 
any  State  fund  for  purposes  of  education ; also  the  net  proceeeds 
of  all  sales  of  the  swamp  lands  belonging  to  the  State,  and  all 
other  grants,  gifts  or  devises,  that  have  been  or  hereafter  may  be 
made  to  the  State,  and  not  otherwise  appropriated  by  the  State, 
or  by  the  term  of  the  grant,  gift  or  devise,  shall  be  paid  into  the 
State  treasury-;  and,  together  with  so  much  of  the  ordinary  reve- 
nue of  the  State  as  may  be  by  law  set  apart  for  that  purpose, 
shall  be  faithfully  appropriated  for  establishing  and  maintain- 
ing in  this  State  a system  of  free  public  schools,  and  for  no 
other  uses  or  purposes  whatsoever. 

Sec.  5.  All  moneys,  stocks,  bonds  and  other  property,  belong- 
ing to  a county  school  fund ; also  the  net  proceeds  from  the  sale 
of  estrays ; also  the  clear  proceeds  of  all  penalties  and  forfeitures, 
and  of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  or  military  laws  of  the  State ; and  all  moneys  wliich 
shall  be  paid  by  persons  as  an  equivalent  for  exemption  from 
militarv"  duty,  shall  belong  to  and  remain  in  the  several  counties, 
and  shall  be  faithfully  appropriated  for  establishing  and  main- 
taining free  public  schools  in  the  several  countieg  in  this  State. 
Provided,  That  the  amount  collected  in  each  county  shall  be 
annually  reported  to  the  Superintendent  of  Public  Instruction. 

Sec.  G.  The  General  Assembly  shall  have  power  to  provide  for 
the  election  of  trustees  of  the  University  of  North  Carolina,  in 
whom,  when  chosen,  shall  be  vested  all  the  privileges,  rights, 
franchises  and  endowments  thereof,  in  anywise  granted  to  or 
conferred  upon  the  trustees  of  said  University;  and  the  General 
Assembly  may  make  such  provisions,  laws  and  regulations  from 


COXSTITUTIOX  OF  XORTH  CAROLINA.  TT 

time  to  time  as  may  be  necessary  and  expedient  for  the  mainte- 
nance and  management  of  said  University. 

Sec.  7.  The  General  Assembly  shall  provide  that  the  benefits 
of  the  University,  as  far  as  practicable,  be  extended  to  the  youth 
of  the  State  free  oU  expense  for  tuition ; also,  that  all  the  prop- 
erty which  has  heretofore  accrued  to  the  State,  or  shall  here- 
after accrue,  from  escheats,  unclaimed  dMdends,  or  distributive 
shares  of  the  estates  of  deceased  persons,  shall  be  appropriated 
to  the  use  of  the  University. 

Sec.  8.  The  Governor,  Lieutenant-Governor,  Secretary  of  Siate, 
Treasurer,  Auditor,  Superintendent  of  Public  Instmction  and 
Attorney-General,  shall  constitute  a State  board  of  education. 

Sec.  9.  The  Governor  shall  be  president,  and  the  Superintend- 
ent of  Public  Instruction  shall  be  secretary  of  the  board  of 
education. 

Sec.  10.  The  board  of  education  shall  succeed  to  all  the 
powers  and  trusts  of  the  president  and  directors  of  the  literary 
fund  of  North  Carolina  and  shall  have  full  power  to  legislate 
and  make  all  needful  rules  and  regulations  in  relation  to  free 
public  schools  and  the  educational  fund  of  the  State;  but  all  acts, 
rules  and  regulations  of  said  board  may  be  altered,  amended  or 
repealed  by  the  General  Assembly,  and  when  so  altered,  amended 
or  repealed,  they  shall  not  be  re-enactd  by  the  board. 

Sec.  11.  The  first  session  of  the  board  of  education  shall  be 
held  at  the  capital  of  the  State,  within  fifteen  days  after  the 
organization  of  the  State  government  under  this  Constitution; 
the  time  of  future  meetings  may  be  determined  by  the  board. 

Sec.  12.  A majority  of  the  board  shall  constitute  a quorum 
for  the  transaction  of  business. 

Sec.  13.  The  contingent  expenses  of  the  board  shall  be  pro- 
vided by  the  General  Assembly. 

Sec.  14.  As  soon  as  practicable  after  the  adoption  of  this 
Constitution,  the  General  Assembly  shall  establish  and  main- 
tain, in  connection  with  the  University,  a department  of  agri- 
culture, of  mechanics,  of  mining,  and  of  Normal  instruction. 

Sec.  15.  The  General  Assembly  is  hereby  empowered  to  enact 
that  every  child  of  sufiicient  mental  and  physical  ability  shall 
attend  the  public  schools  during  the  period  between  the  ages 
of  six  and  eighteen  years,  for  a term  of  not  less  than  sixteen 
months,  unless  educated  by  other  means. 


78 


CONSTITUTION  OF  NORTH  CAROLINA. 


ARTICLE  X. 

Homesteads  and  Exemptions. 

Section  1.  The  personal  property  of  any  resident  of  this 
State,  to  the  value  of  five  hundred  dollars,  to  he  selected  by  such 
resident,  sluill  be  and  is  hereby  exempted  from  sale  under 
execution,  or  other  final  process  of  any  court,  issued  for  the  col- 
lection of  any  debt. 

Sec.  2.  Every  homestead,  and  the  dwellings  and  buildings 
used  therewith,  not  exceeding  in  value  one  thousand  dollars,  to 
be  selected  by  the  owner  thereof,  or  in  lieu  thereof,  at  the  option 
of  the  owner,  any  lot  in  a city,  town  or  village,  with  the  dwelling 
and  buildings  used  thereon,  owned  and  occupied  by  any  resident 
of  this  State,  and  not  exceeding  the  value  of  one  thousand  dollars, 
shall  be  exempt  from  sale  under  execution,  or  other  final  process 
obtained  on  any  debt.  But  no  property  shall  be  exempt  from 
sale  for  taxes,  or  for  payment  of  obligations  contracted  for  the 
purchase  of  said  premises. 

Sec.  3.  The  homestead,  after  the  death  of  the  owner  thereof, 
shall  be  exempt  from  the  payment  of  any  debt  during  the  minor- 
ity of  his  children,  or  any  one  of  them. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  this  article 
shall  not  be  so  construed  as  to  prevent  a laborer’s  lien  for  work 
done  and  performed  for  the  person  claiming  such  exemption,  or 
a mechanic’s  lien  for  work  done  on  the  premises. 

Sec.  5.  If  the  owner  of  a homestead  die,  leaving  a widow, 
but  no  children,  the  same  shall  be  exempt  from  the  debts  of  her 
hus]>and,  and  the  rents  and  profits  thereof  shall  inure  to  her 
benefit  during  her  widow  hood,  unless  she  be  the  owner  of  a home- 
stead in  her  owm  right. 

Sec.  6.  The  real  and  personal  property  of  any  female  in  this 
State,  acquired  before  marriage,  and  all  property,  real  and  per- 
sonal, to  which  she  may,  after  marriage,  become  in  any  manner 
entitled,  shall  be  and  remain  the  sole  and  separate  estate  and 
property  of  such  female,  and  shall  not  be  liable  for  any  debts, 
obligations  or  engagements  of  her  husband,  and  niaj'  be  devised 
and  bequeathed,  and  wdth  the  w^ritten  assent  of  her  husband, 
conveyed  by  her  as  if  she  were  unmarried. 

Sec.  7.  The  husband  may  insure  his  own  life  for  the  sole  use 
and  benefit  of  his  wufe  and  children,  and  in  case  of  the  death  of 
the  husband,  the  amount  thus  insured  shall  be  paid  over  to  the 


CONSTITUTION  OF  NORTH  CAROLINA. 


70 


wife  and  children,  or  to  the  guardian,  if  under  age,  for  her  or 
their  own  use,  free  from  all  the  claims  of  the  representatives  of 
her  husband,  or  any  of  his  creditors. 

Sec.  S.  Nothing  contained  in  the  foregoing  sections  of  tliis 
article  shall  operate  to  prevent  the  owner  of  a homestead  from 
disposing  of  the  same  by  deed;  but  no  deed  made  by  the  owner 
of  a homestead  shall  be  valid  without  the  voluntary  signature 
and  assent  of  his  wife,  signified  on  her  private  examination 
according  to  law. 

ARTICLE  XL 

Punishments,  Penal  Institutions  and  Puhlic  Charities. 

Section  1.  The  following  punishments  only  shall  be  knowui  to 
the  laws  of  this  State,  viz. : Death,  imprisonment,  with  or  with- 

out hard  labor;  fines,  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  this 
State.  The  foregoing  provision  for  imprisonment  with  hard 
labor  shall  be  construed  to  authorize  the  employment  of  such  con- 
vict labor  on  public  works,  or  highways,  or  other  labor  for  public 
benefit,  and  the  farming  out  thereof,  where  and  in  such  manner 
as  may  be  provided  by  law;  but  no  convict  shall  be  farmed  out 
who  has  been  sentenced  on  a charge  of  murder,  manslaughter, 
rape,  attempt  to  commit  rape  or  arson:  Provided,  That  no  con- 

vict whose  labor  may.  be  farmed  out  shall  be  punished  for  any 
failure  of  duty  as  a laborer,  except  by  a responsible  officer  of  the 
State;  but  the  convicts  so  farmed  out  shall  be  at  all  times 
under  the  supervision  and  control,  as  to  their  government  and 
discipline,  of  the  penitentiary  board  or  some  officer  of  the  State. 

Sec.  2.  The  object  of  punishments  being  not  only  to  satisfy 
justice,  but  also  to  reform  the  offender,  and  thus  prevent  crime, 
murder,  arson,  burglary,  and  rape,  and  these  only  may  be  pun- 
ishable with  death,  if  the  General!  Assembly  shall  so  enact. 

Sec.  3.  The  General  Assembly  shall,  at  its  first  meeting,  make 
■provision  for  the  erection  and  conduct  of  a State’s  prison  or 
penitentiary,  at  some  central  and  accessible  point  within  the 
State. 

Sec.  4.  The  General  Assembly  may  provide  for  the  erection  of 
houses  of  correction,  where  vagrants  and  persons  guilty  of  mis- 
demeanors shall  be  restrained  and  usefully  employed. 

Sec.  5.  A house  or  houses  of  refuge  may  be  established  when- 
ever the  public  interests  may  require  it,  for  the  correction  and 
instruction  of  other  classe:  -offenders. 


80 


COXSTITUTION  OF  XOFTIT  CAROLINA. 


Sec.  6.  It  shall  be  required  by  competent  legislation  that  the 
stractures  and  superintendence  of  penal  institutions  of  the  State, 
the  county  jails,  and  city  police  prisons,  secure  the  health  and 
comfort  of  the  prisoners,  and  that  male  and  female  prisoners  be 
never  confined  in  the  same  room  or  cell. 

Sec.  7.  Beneficent  provision  for  the  poor,  the  unfortunate 
and  orphan,  being  one  of  the  first  duties  of  a civilized  and  Chris- 
tian State,  the  Greneral  Assembly  shall,  at  its  first  session,  appoint 
and  define  the  duties  of  a board  of  public  charities,  to  whom 
shall  be  intrusted  tlu‘  su])ervision  of  all  charitable  and  |>enal 
State  institutions,  and  who  shall  annually  report  to  the  Governor 
upon  their  condition,  with  suggestions  for  their  improvement. 

Sec.  8.  There  shall  also,  as  soon  as  practicable,  be  measures 
devised  by  the  State  for  the  establishment  of  one  or  more  orphan 
houses,  where  destitute  orphans  may  be  cared  for,  educated  and 
taught  some  business  or  trade. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature,  as  soon  as  prac- 
ticable, to  devise  means  for  the  education  of  idiots  and  inebriates. 

Sec.  10.  The  General  Assembly  shall  provide  that  all  the  deaf- 
mutes,  the  blind  and  the  insane  of  the  State  shall  be  cared  for 
at  the  charge  of  the  State. 

Sec.  11.  It  shall  be  steadily  kept  in  view"  by  the  Legislature 
and  the  board  of  public  charities,  that  all  penal  and  charitable 
institutions  should  be  made  as  nearly  self-supporting  as  is  con- 
sistent with  the  purposes  of  their  creation. 

ARTICLE  XII. 

Militia. 

Section  1.  All  able-bodied  male  citizens  of  the  State  of  North 
Carolina,  between  the  ages  of  twenty-one  and  forty  years,  who 
are  citizens  of  the  United  States,  shall  be  liable  to  duty  in  the 
militia:  Provided,  That  all  persons  who  may  be  averse  to  bear- 

ing arms,  from  religious  scruples,  shall  be  exempt  therefrom. 

Sec.  2.  The  General  Assembly  shall  provide  for  the  organ- 
izing, ai'iiiing,  equipping  and  discipline  of  the  militia,  and  for 
paying  the  same,  when  called  into  active  service. 

Sec.  3.  The  Governor  shall  be  commander-in-chief,  and  shall 
have  power  to  call  out  the  militia  to  execute  the  law,  suppress 
riots  or  insurrection,  and  to  repel  invasion. 


CONSTITUTION  OF  NORTH  CAROLINA. 


81 


Sec.  4.  The  General  Assembly  shall  have  power  to  make  such 
exemptions  as  may  be  deemed  necessary",  and  to  enact  laws  that 
may  be  expedient  for  the  government  of  the  militia. 

ARTICLE  Xni. 

Amendments. 

Section  1.  No  convention  of  the  people  of  this  State  shall  ever 
be  called  by  the  General  Assembly,  unless  by  the  concurrence  of 
two-thirds  of  all  the  members  of  each  house  of  the  General 
Assembly,  and  except  the  proposition.  Convention  or  No  Conven- 
tion, be  first  submitted  to  the  qualified  voters  of  the  whole  State, 
at  the  next  general  election  in  a manner  to  be  prescribed  by 
law.  And  should  a majority  of  the  votes  cast  be  in  favor  of 
said  convention,  it  shall  assemble  on  such  day  as  may  be  pre- 
scribed by  the  General  Assembly. 

Sec.  2.  No  part  of  the  Constitution  of  this  State  shall  be 
altered  unless  a bill  to  alter  the  same  shall  have  been  agreed  to 
by  three-fifths  of  each  house  of  the  General  Assembly.  And 
the  amendment  or  amendments  so  agreed  to  shall  be  submitted 
at  the  next  general  election  to  the  qualified  voters  of  the  whole 
State,  in  such  a manner  as  may  be  prescribed  by  law.  And  in 
the  event  of  their  adoption  by  a majority  of  the  votes  cast,  such 
amendment  or  amendments  shall  become  a part  of  the  Consti- 
tution of  this  State. 

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CONSTITUTION 

OF  THE 

STATE  OF  NORTH  DAKOTA. 


CONSTITUTION  OF  STATE  OF  NORTH  DAKOTA, 


Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  by  nature  free  and 

have  certain  inalienable  rights. 

2.  All  political  power  is  inherent  in 

the  people. 

3.  The  State  Is  inseparable  from 

the  Union. 

4.  Freedom  of  religious  belief  and 

worship. 

6.  Writ  of  habeas  corpus. 

6.  Bail  shall  be  accepted,  except 
• for  capital  offenses. — Bail  shall 

not  be  excessive.  — Witnesses 
shall  not  be  unreasonably  de- 
tained. 

7.  Right  of  trial  by  jury. 

8.  Offenses  shall  be  prosecuted 

criminally  by  indictment,  or 
information. 

9.  Freedom  of  speech. 

10.  The  citizens  have  the  right  to 

assemble  together  in  a peace- 
able manner  for  the  common 
good. 

11.  All  laws  of  a general  nature 

shall  have  a uniform  opera- 
tion. 

12.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

13.  Right  to  a speedy  and  public 

trial. — No  person  shall  be  put 
in  jeopardy  twice  for  the  same 
offense. 

14.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

15.  In  regard  to  imprisonment  for 

debt. 

16.  No  law  impairing  the  obliga- 

tions of  contracts  shall  be 
passed. 


Section 

17.  Slavery  and  involuntary  servi- 

tude illegal,  except  as  punish- 
ment for  crime. 

18.  Unreasonable  searches  and  seiz- 

ures not  tolerated. 

19.  Treason  against  the  State  de- 

fined. 

20.  Special  privileges  shall  not  be 

granted  to  a certain  class  of 
citizens  which  is  not  granted 
to  all. 

21.  Provisions  of  this  Constitution 

are  mandatory  and  prohibi- 
tory. 

22.  Right  and  justice  to  be  admin- 

istered without  sale  or  delay. 

23.  Malicious  interfering  with  those 

in  employment  and  those  seek- 
ing it. 

24.  To  guard  against  transgressions 

of  the  high  powers  which  we 
have  delegated,  we  declare 
that  everything  in  this  article 
is  excepted  out  of  the  general 
powers  of  government,  and 
shall  forever  remain  inviolate. 

ARTICLE  II. 

Legislative  Department. 

25.  Legislative  power  is  vested  in 

the  Senate  and  House  of 
Representatives. 

26.  Senate  to  contain  not  less  than 

thirty,  nor  more  than  fifty 
members. 

27.  Term  of  office  of  Senators. 

28.  Senator  must  be  a qualified 

elector. 

29.  The  division  of  the  State  into 

senatorial  districts. 

30.  Senators  divided  into  two 

classes.  — Term  of  office  of 
each. 

31.  President  of  Senate  pro  tempore. 


86 


CONSTITUTION  OF  NOETH  DAKOTA, 


Bectlon 

82.  House  of  Representatives  shall 
contain  not  less  than  fifty,  nor 
more  than  one  hundred  and 
forty  members. 

S3.  Representatives  elected  for  two 
years. 

34.  Qualifications  for  Representa- 

tive. 

35.  Beginning  with  1895,  and  every 

tenth  year  after,  an  enumera- 
tion is  to  be  made  of  the  in- 
habitants of  the  State. 

36.  The  House  of  Representatives 

shall  elect  one  of  its  members 
as  speaker. 

37.  Those  who  may  not  hold  two 

offices. — Exceptions. 

38.  Those  not  eligible  to  be  members 

of  the  General  Assembly. 

39.  No  member  of  the  Legislative 

Assembly  shall  be  elected,  nor 
appointed,  to  any  office  which 
was  created  during  his  term 
of  office. 

40.  Solicitation  of  bribery,  penalty 

of. 

41.  When  the  term  of  office  of  the 

Assembly  shall  begin. 

42.  To  be  privileged  from  arrest 

during  the  session,  except  for 
treason,  felony  and  breach  of 
the  peace. 

43.  Members  may  not  vote  on  any 

bill  in  which  they  have  a per- 
sonal interest  without  the 
consent  of  the  house. 

44.  Governor  to  fill  vacancies. 

45.  Compensation  of  members. 

46.  A majority  of  the  members  of 

each  house  shall  be  a quorum. 

47.  Each  house  shall  be  the  judge 

of  the  qualifications  of  its 
own  members. 

48.  The  powers  of  each  house. 

49.  Each  hbuse  shall  keep  a journal. 
BO.  The  sessions  are  to  be  open,  ex- 
cept in  special  cases. 

Bl.  As  to  adjournment. 

B2.  Senate  and  House  shall  be  called 
the  Legislative  Assembly. 

B3.  Time  of  meeting. 

B4.  When  shall  vote  viva  voce. 


Section 

55.  Sessions  to  be  biennial. 

56.  Duration  of  sessions. 

57.  Origin  of  bills  may  be  in  either 

house,  and  may  be  amended 
by  either. 

58.  No  law  shall  be  pa,ssed  excej)t 

by  a bill  adopted  by  both 
houses. 

59.  Enacting  clause  of  every  law 

shall  be:  Be  it  enacted  by 

the  Legislative  Assembly  of 
the  State  of  North  Dakota. 

60.  When  a bill  for  the  appropria- 

tion of  money  may  be  intro- 
duced. 

61.  No  bill  to  contain  more  than  one 

subject. 

62.  The  general  appropriation  bill 

to  contain  what. 

63.  Every  bill  shall  be  read  three 

times. 

64.  In  regard  to  the  revision  of  a 

bill. 

65.  For  a bill  to  become  a law. 

66.  In  regard  to  the  signing  of  bills. 

67.  When  legislative  acts  are  to 

take  effect. 

68.  The  Legislative  Assembly  shall 

pass  all  laws  necessary  to 
carry  into  effect  all  the  pro- 
visions of  this  Constitution. 

69.  Local  or  special  laws  not  to  be 

passed  in  any  of  the  thirty- 
five  cases  enumerated. 

70.  In  regard  to  general  and  special 

laws. 

ARTICLE  HI. 

Executive  Department. 

71.  Executive  power  vested  in  Gov- 

ernor. 

72.  Lieutenant-Governor  to  act  as 

Governor,  whten. 

73.  Eligibility  for  office  of  Governor 

and  Lieutenant-Governor. 

74.  Election  of  the  same. 

75.  Governor  commander-in-chief  of 

military  and  naval  forces.— 
Has  power  to  convene  Legris- 
lature. — His  duties. 

76.  His  powers. 

77.  Lieutenant-Governor  to  be  presi- 

dent of  Senate. 


CONSTITUTION  OF  NOKTH  DAKOTA 


87 


Section 

78.  Governor  to  fill  vacancies  In 

certain  cases. 

79.  All  bills  to  be  presented  to  the 

Governor  for  his  signature 
before  becoming  a law. 

80.  He  may  disapprove  of  any  items 

in  a bill. 

81.  The  giving  and  receiving  of 

bribes  by  the  Governor,  the 
penalty. 

82.  The  choosing  of  other  State  offi- 

cers, qualifications  of  the  same 
and  place  of  holding  office. 

83.  Powers  and  duties  of  same  to 

be  prescribed  by  law. 

84.  Salaries  of  the  same. 

ARTICLE  IV. 

Judicial  Department. 

85.  Enumeration  of  State  courts. 

86.  Supreme  Court  shall  have  ap- 

pellate jurisdiction  only,  ex- 
cept as  provided. 

87.  Its  powers. 

88.  Number  of  terms  of. 

89.  To  consist  of  three  Judges. 

90.  Election  of. 

91.  Term  of  office. 

92.  The  Judges  of  Supreme  Court 

to  be  classified  by  lot. — The 
one  having  the  shortest  term 
to  be  Chief  Justice. 

93.  A clerk  and  reporter  of  Su- 

preme Court  to  be  appointed 
by  the  Judges  of  the  same. 

94.  Requirements  to  be  eligible  for 

Judge  of  Supreme  Court. 

95.  When  the  number  of  Judges 

may  be  increased. 

96.  Judges  shall  have  no  duties 

imposed  upon  them  but  such 
as  are  judicial. 

97.  The  style  of  process,  how  to  be. 

98.  Governor  to  fill  vacancies. 

99.  Compensation  of  Judges  of 

Supreme  Court. 

100.  In  case  a Supreme  Court  Judge 

being  interested  in  a cause,  a 
District  Court  Judge  shall 
take  his  place. 

101.  In  regard  to  a reversed  or  con- 

firmed decree. 


Section  ' 1 

102.  The  court  is  to  prepare  a 

syllabus  of  the  points  adju- 
dicated in  each  case. 

103.  Jurisdiction  of  District  Court 

and  Judges. 

104.  State  divided  into  six  judicial 

districts. 

105.  Enumeration  of  districts. 

106.  How  judicial  districts  may  be 

increased. 

107.  To  be  eligible  for  office  of  Dis- 

trict Judge. 

108.  Clerk  of  the  District  Court. 

109.  Appeals  from  District  to  Su- 

preme Court  allowed  under 

certain  regulations. 

110.  County  Court  to  be  established. 

111.  Jurisdiction  of  County  Court, 

and  how  it  may  be  increased. 

112.  Justices  of  the  Peace,  number 

of,  jurisdiction  of. 

113.  Election  of  police  magistrates. 

114.  Appeals. 

115.  The  time  of  holding  courts  to 

be  prescribed  by  law. 

116.  Judges  of  District  Courts  may 

hold  court  in  other  districts 
than  their  own. 

117.  No  Judge  of  the  Supreme  or 

District  Courts  shall  act  as 
attorney  or  counsel-at-law. 

118.  Terms  of  courts,  how  fixed. 

119.  Judges  of  Supreme  or  District 

Courts  may  not  be  elected  nor 
appointed  to  any  other  than 
a judicial  office. 

120.  Tribunals  of  conciliation. 

ARTICLE  V. 

Elective  Franchise. 

121.  Requirements  for  being  an 

elector. 

122.  Legislature  may  further  ex- 

tend suffrage. 

123.  Electors  to  be  privileged  from 

arrest  on  day  of  election. 

124.  General  elections  to  be  biennial. 

125.  Service  under  United  States 

does  not  cause  loss  of  resi- 
dence. 


S8 


CONSTITUTION  OF  NORTH  DAKOTA. 


Section  i 

126.  No  soldier,  seaman  or  marine 

of  the  United  States  shall  be 
deemed  a resident  of  this 
State  in  consequence  of  being 
stationed  therein. 

127.  Those  who  are  not  qualified  to 

vote. 

128.  All  women  who  are  eligible 

may  vote  on  all  school  mat- 
ters. 

129.  All  elections  by  the  people 

shall  be  by  secret  ballot. 

ARTICLE  VI. 

Municipal  Corporations. 

130.  The  Legislative  Assembly  shall 

provide  by  general  law  for 
the  organization  of  municipal 
corporations. 

ARTICLE  VII. 

Corporations  Other  Than  Municipal. 

131.  Charters  of  incorporation  not 

to  be  granted,  changed  or 
amended,  except  in  certain 
cases. 

132.  In  regard  to  charters  and 

grants  existing  before  the 
adoption  of  this  Constitution. 

133.  The  Legislative  Assembly  shall 

not  remit  the  forfeiture  of  a 
charter. 

134.  Rights  of  eminent  domain  shall 

never  be  abridged. 

135.  Rights  of  shareholders  in  voL 

ing  for  directors. 

136.  In  regard  to  foreign  corpora- 

tions. 

137.  No  corporation  shall  engage  In 

any  business  other  than  that 
authorized  in  its  charter. 

138.  For  what  stock  or  bonds  may 

be  issued  by  a corporation. 

139.  In  regard  to  street  railroads, 

telegraph  and  telephone  lines. 

140.  Regulating  railroad  corpora- 

tions. 

141.  Parallel  or  competing  railroads 

may  not  consolidate. 


Section 

142.  Rates  of  public  carriers  to  be 

fixed  by  law. 

143.  Railroads  have  the  right  to 

connect  with  and  cross  one 
another. 

144.  Definition  of  term  “corpora- 

tion,” as  used  in  this  article. 

145.  In  regard  to  banks  and  Issuing 

bills,  etc. 

146.  Combinations  formed  for  con- 

trolling prices  illegal. 

ARTICLE  VIII. 

Education. 

147.  Unsectarian,  free  public  schools. 

148.  A uniform  system  to  be  estab- 

lished. 

149.  The  kind  of  instruction  to  be 

given. 

150.  Superintendent  of  schools  to  be 

elected  in  each'  county. 

151.  The  Legislative  Assembly  to 

promote  education. 

152.  No  State  money  to  be  used  for 

the  support  of  any  sectarian 
school. 

ARTICLE  IX. 

School  and  Public  Lands. 

153.  The  principal  of  the  school 

fund  may  never  be  dimin- 
ished. 

154.  The  interest  of  this  fund  to  be 

used  for  the  support  of  the 
public  schools  of  the  State. 

155.  When  lands  granted  by  the 

United  States  to  the  State 
for  support  of  common  schools 
may  be  sold. 

156.  Who  constitute  “The  Board 

of  University  and  School 
Lands.” 

157.  The  board  of  appraisal. 

158.  In  regard  to  the  sale  of  public 

lands. 

159.  The  principal  of  all  funds  do- 

nated to  the  State  for  educa- 
tional or  charitable  pur- 
poses may  never  be  dimin- 
ished. 

160.  Appraisal  and  sale  of  land  do- 

nated. 


CONSTITUTION  OF  NOETIl  DAKOTA. 


89 


Section 

161.  State  school  land  may  be 

leased  for  a term  of  not 
more  than  five  years. 

162.  How  school  fund  money  shall 

be  invested. 

163.  In  regard  to  the  occupation 

and  improvement  of  public 
lands. 

164.  Lands  granted  by  the  United 

States  for  other  purposes 
than  those  in  sections  153-159, 
may  be  sold  by  the  State. 

165.  Embezzlement  of  school  fund. 

ARTICLE  X. 

County  and  Toicnship  Organization. 

166.  Counties  which  are  added  to 

the  State. 

167.  Organization  of  new  counties. — 

Each  county  must  contain 
twenty  - four  congressional 
townships. 

168.  All  changes  of  county  boun- 

daries must  have  approval  of 
a majority  of  the  electors  in 
the  county  to  be  changed. 

169.  County  seat,  removal  of  the 

same. 

170.  Organizing  townships. 

171.  County  government. 

172.  County  commissioners,  not 

more  than  five  nor  less  than 
three  in  number. 

173.  County  officers,  election  of. 

ARTICLE  XI. 

Revenue  and  Taxation. 

174.  Revenue  for  meeting  the  ex- 

penses of  the  State  to  be 
raised  each  year. 

175.  Taxation. 

176.  What  property  is  exempt  from 

taxation. 

177.  Improvements  on  land  to  be 

assessed  in  accordance  with 
section  179,  but  plowing  shall 
not  be  considered  an  improve- 
ment. 

178.  The  power  of  taxation  shall 

never  be  suspended. 

179.  How  property  shall  be  assessed. 

180.  Who  must  pay  a poll  tax. 

181.  Laws  to  be  passed  to  carry  out 

the  provisions  of  this  article, 


ARTICLE  XII. 

Public  Debt  and  Public  Works. 
Section 

182.  The  State  may  contract  debts 

not  to  exceed  $200,000. 

183.  The  limit  of  debt  not  to  exceed 

five  percentum  on  the  as- 
sessed valuation  of  the  prop- 
erty in  each  county,  town- 
ship, town,  or  school  district. 

184.  How  the  debt  shall  be  paid. 

185.  The  State,  or  any  subdivision 

of  the  same,  may  not  loan 
its  credit. 

186.  No  State  money  to  be  paid  out 

except  by  appropriation  by 
law. 

187.  The  validity  of  a bond. 

ARTICLE  XIII. 

Mililia. 

188.  To  consist  of  all  able-bodied 

male  persons  between  the 
ages  of  eighteen  and  forty- 
five  years. — Exceptions. 

189.  To  be  organized  as  provided  for 

by  law. 

190.  Volunteers  to  be  organized. 

191.  Appointment  of  militia  officers. 

192.  Commissioned  officers  to  be 

commissioned  by  the  Gover- 
nor. 

193.  Militia  forces  to  be  privileged 

from  arrest  except  in  certain 
cases. 

ARTICLE  XIV. 

Impeachment  and  Removal  from  Office. 

194.  Sole  power  of  impeachment 

shall  be  in  the  House  of  Rep- 
resentatives. 

195.  An  impeachment  shall  be  tried 

by  the  Senate. 

196.  Those  liable  to  impeachment, 

and  for  what  offenses. 

197.  All  officers  not  liable  to  im- 

peachment shall  be  subject 
to  removal  for  misconduct. 

198.  No  officer  shall  exercise  duties 

of  office  after  impeachment, 
and  before  his  acquittal. 

199.  On  trial  of  impeachment 

against  the  Governor,  the 
Lieutenant-Governor  shall  not 
act  as  a member  of  the  court. 


90 


CONSTITUTION  OF  NORTH  DAKOTA. 


Section 

200.  No  person  shall  be  tried  on 

impeachment  before  he  shall 
have  been  served  with  a copy 
thereof  at  least  twenty  days 
before  day  set  for  trial. 

201.  Not  liable  to  impeachment 

twice  for  same  offense. 

ARTICLE  XV. 

JButure  Amendments. 

202.  How  amendments  may  be 

made. 

ARTICLE  XVI. 

Compact  with  the  United  States. 

203.  The  compact. 

204.  Jurisdiction  is  ceeded  to  the 

United  States  over  certain 
military  reservations. 

205.  Acceptance  of  grants  of  land 

by  the  State  from  the  United 
States. 

ARTICLE  XVII. 

Miscellaneous.  \ 

206.  The  name  of  the  State  shall  be  i 

North  Dakota.— Boundary  of  | 
the  same.  ' 

207.  Description  of  the  seal. 

208.  Rights  of  homestead.  ' 

209.  Labor  of  children  under  twelve  * 

yea<rs  not  legal. 

210.  All  flowing  streams  and  natural 

water  courses  forever  the 
property  of  the  State. 

211.  Oath  of  offloe. 

212.  Exchange  of  “Blacklists”  be- 

tween corporations  shall  be 
prohibited. 

213.  Property  rights  of  women. 

ARTICLE  XVIII. 

Congressional  and  Legislative 
A'p'portionment. 

214.  Apportionment  into  districts. 

ARTICLE  XIX. 

Public  Institutions. 

215.  Location  of  the  same. 

216.  Location  of  other  institutions. 


ARTICLE  XX. 

Prohibition. 

Section 

217.  Intoxicating  liquors  not  to  be 
sold  in  the  State. 

SCHEDULE 

1.  In  regard  to  the  change  from 

Territorial  to  State  govern- 
ment. 

2.  All  Territorial  laws  now  in  force 

shall  remain  in  force  till  they 
expire,  or  are  repealed. 

3.  All  flnes,  etc.,  acoruing  to  the 

Territory  shall  accrue  to  the 
States  of  North  and  South 
Dakota. 

4.  All  bonds,  obligations,  etc.,  exe- 

cuted to  the  Territory  shall 
pass  over  to  the  State. 

5.  All  property,  credit,  claims,  etc., 

belonging  to  the  Territory 
shall  pass  over  to  the  States 
of  North  and  South  Dakota. 

6.  Everything  pertaining  to  Terri- 

torial courts  is  to  pass  over 
to  State  courts. 

7.  The  Territorial  court  seals  are 

to  be  the  State  court  seals 
till  otherwise  provided  for  by 
law. 

8.  Probate  Courts. — Probate  judges 

to  act  as  County  Court  judges 
until  the  election  of  County 
Court  judges. 

9.  Terms,  “Probate  Court,”  and 

“probate  judges,”  appearing  in 
the  statutes  of  the  Territory, 
after  this  Constitution  goes 
into  effect,  shall  be  held  to 
apply  to  the  County  Courts  or 
county  judges. 

10.  All  Territorial,  county  and  pre- 

cinct officers  in  office  at  the 
time  this  Constitution  takes 
effect  shall  hold  their  offices 
till  their  successors  shall  be 
elected. 

11.  This  Constitution  shall  be  in 

full  force  immediately  upon 
the  admission  of  this  Territory 
as  a State. 


CONSTITUTION  OF  NORTH  DAKOTA. 


91 


Section 

12.  A proclamation  to  be  issued, 

calling  an  election  by  the  peo- 
ple. 

13.  Election  day  shall  then  be  ap- 

pointed . 

14.  Governor,  Secretary,  and  Chief 

Justice  shall  constitute  a 
court  of  canvassers  to  canvass 
the  vote  of  such  election. 

15.  All  officers  so  elected  shall, 
~ within  sixty  days  after  the 

date  of  admitting  the  State  of 
'North  Dakota  into  the.  Union, 
take  the  oath  required  by  this 
Constitution. 

16.  Term  of  office  of  judges  of  the 

District  Courts,  and  other 
State  officers. 


Section 

17.  The  Governor-elect  of  the  State. 

— His  duties. 

18.  Election  of  a representative  to 

the  Fifty-first  Congress. 

19.  The  Legislative  Assembly  at  its 

first  session  is  to  provide  for- 
the  payment  of  all  debts,  etc. 

20.  To  vote  for  or  against  prohi- 

bition. 

21.  The  agreement  made  between 

North  and  South  Dakota. 

22.  In  regard  to  illegal  tax  sales. 

23.  The  signing  of  the  Constitution. 

24.  Appropriation  for  one-half  the 

expense  of  publishing  Terris 
torial  reports. 

25.  Inauguration  of  State  govern- 

ment. 

26.  This  Constitution  to  be  pub- 

lished. 


PREAMBLE. 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and 
establish  this  Constitution. 

ARTICLE  I. 

Declaration  of  Bights. 

Section  1.  All  men  are  by  nature  equally  free  and  independ- 
ent, and  have  certain  inalienable  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  acquiring,  possessing 
and  protecting  property  and  reputation,  and  pursuing  and 
obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Govern- 
ment is  instituted  for  the  protection,  security  and  benefit  of  the 
people,  and  they  have  a right  to  alter  or  reform  the  same  when- 
ever the  public  good  may  require. 

Sec.  3.  The  State  of  North  Dakota  is  an  inseparable  part  of 
the  American  Union,  and  the  Constitution  of  the  United  States 
is  the  supreme  law  of  the  land. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious  pro- 
fession and  worship,  without  discrimination  or  preference,  shall 
be  forever  guaranteed  in  this  State,  and  no  person  shall  be 
rendered  incompetent  to  be  a witness  or  juror  on  account  of  his 
opinion  on  matters  of  religious  belief;  but  the  liberty  of  con- 


92 


CONSTITUTION  OF  NORTH  DAKOTA. 


science  hereby  secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  or  safety  of  this  State. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses,  when  the  proof  is  evident  or  the  pre- 
sumption great.  Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  shall  cruel  or  unusual  punishments  be 
inflicted.  Witnesses  shall  not  be  unreasonably  detained,  nor  be 
confined  in  any  room  where  criminals  are  actually  imprisoned. 

Sec.  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate;  but  a jury  in  civil  cases,  in  courts  not  of 
record,  may  consist  of  less  than  twelve  men,  as  may  be  pre- 
scribed by  law. 

Sec.  8.  Until  otherwise  provided  by  law,  no  person  shall,  for 
a felony,  be  proceeded  against  criminally,  otherwise  than  by 
indictment,  except  in  cases  arising  in  the  land  or  naval  forces, 
dr  in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger.  In  all  other  cases,  offenses  shall  be  prosecuted 
criminally  by  indictment  or  information.  The  legislative 
assembly  may  change,  regulate  or  abolish  the  grand  jury  system. 

Sec.  9.  Every  man  may  freely  write,  speak  and  publish  his 
opinions  on  all  subjects,  being  responsible  for  the  abuse  of  that 
privilege.  In  all  civil  and  criminal  trials  for  libel,  the  truth  may 
be  given  in  evidence,  and  shall  be  a sufficient  defense  when  the 
matter  is  published  with  good  motives  and  for  justifiable  ends; 
and  the  jury  shall  have  the  same  power  of  giving  a general 
verdict  as  in  other  cases;  and  in  all  indictments  or  informations 
for  libels  the  jury  shall  have  the  right  to  determine  the  law  and 
the  facts  under  the  direction  of  the  court,  as  in  other  cases. 

Sec.  10.  The  citizens  have  a right,  in  a peaceable  manner, 
to  assemble  together  for  the  common  good,  and  to  apply  to  those 
invested  with  the  powers  of  government  for  the  redress  of 
grievances,  or  for  other  proper  purposes,  by  petition,  address  or 
remonstrance. 

Sec.  11.  All  laws  of  a general  nature  shall  have  a uniform 
operation. 

Sec.  12.  The  military  shall  be  subordinate  to  the  civil  power. 
No  standing  army  shall  be  maintained  by  this  State  in  time  of 


CONSTITUTION  OF  NORTH  DAKOTA. 


93 


peace,  and  no  soldiers  sliall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of  war, 
except  in  the  manner  prescribed  by  law. 

Sec.  13.  In  criminal  prosecutions  in  any  court  whatever,  the 
party  accused  shall  have  the  right  to  a speedy  and  public  trial; 
to  have  the  process  of  the  court  to  compel  the  attendance  of  wit- 
nesses in  his  behalf;  and  to  appear  and  defend  in  person  and 
with  counsel.  No  person  shall  be  twice  put  in  jeopardy  for  the 
same  offense,  nor  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself,  nor  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law. 

Sec.  14.  Private  property  shall  not  be  taken  or  damaged  for 
public  use  w ithout  just  compensation  having  been  first  made  to, 
or  paid  into  court  for  the  owner,  and  no  right  of  way  shall  be 
appropriated  to  the  use  of  any  corporation,  other  than  municipal, 
untn  full  compensation  therefor  be  first  made  in  money  or  ascer- 
tained and  paid  into  court  for  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  corporation, 
which  compensation  shall  be  ascertained  by  a jury,  unless  a 
jury  be  waived. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  uj)  his  estate  for  the  benefit  of  his  creditors, 
in  such  manner  as  shall  be  prescribed  by  law  ; or  in  cases  of 
tort;  or  where  there  is  strong  presumption  of  fraud. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law’  im- 
pairing the  obligations  of  contracts,  shall  ever  be  passed. 

Sec.  17.  Neither  slavery  or  involuntary  servitude,  unless  for 
the  punishment  of  crime,  shall  ever  be  tolerated  in  this  State. 

Sec.  18.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated;  and  no  warrant  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation,  particu- 
larly describing  the  place  to  be  searched  and  the  person  and 
things  to  be  seized. 

Sec.  19.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  adhering  to  its  enemies,  or  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on 
the  evidence  of  two  witnesses  to  the  same  overt  act,  or  con 
fession  in  open  court. 

Sec.  20.  No  special  privileges  or  immunities  shall  ever  be 
granted  which  may  be  altered,  revoked  or  repealed  by  the 


94 


CONSTITUTION  OF  NOKTH  DAKOTA. 


legislative  assembly;  nor  shall  any  citizen  or  class  of  citizens 
be  granted  privileges  or  immunities  which  upon  the  same  terms 
shall  not  be  granted  to  all  citizens. 

Sec.  21.  The  pi'ovisions  of  this  Constitution  are  mandatory 
and  prohibitory  unless,  by  express  words,  they  are  declared  to 
be  otherwise. 

Sec.  22.  All  courts  shall  be  open,  and  every  man  for  an 
injury  done  him  in  hisi  lands,  goods,  person  or  reputation  shall 
have  remedy  by  due  process  of  law,  and  right  and  justice  admin- 
istered without  sale,  denial  or  delay.  Suits  may  be  brought 
against  the  State  in  such  manner,  in  such  courts,  and  in  such 
cases,  as  the  legislative  assembly  may  by  law  direct. 

Sec.  23.  Every  citizen  of  this  State  shall  be  free  to  obtain 
employment  wherever  possible,  and  any  person,  corporation,  or 
agent  thereof,  maliciously  interfering  or  hindering  in  any  way 
any  citizen  from  obtaining  or  enjoying  employment  already 
obtained,  from  any  other  corporation  or  person,  shall  be  deemed 
guilty  of  misdemeanor. 

Sec.  24.  To  guard  against  transgressions  of  the  high  powers 
which  we  have  delegated,  we  declare  that  everything  in  this 
article  is  excepted  out  of  the  general  powers  of  government  and 
shall  forever  remain  inviolate. 

ARTICLE  II. 

The  Legislative  Department. 

Sec.  25.  The  legislative  power  shall  be  vested  in  a Senate 
and  a House  of  Representatives. 

Sec.  26.  The  Senate  shall  be  composed  of  not  less  than  thirty 
nor  more  than  fifty  members. 

Sec.  27.  Senators  shall  be  elected  for  the  term  of  four  years, 
except  as  hereinafter  provided. 

Sec.  28.  No  person  shall  be  a Senator  who  is  not  a qualified 
elector  in  the  district  in  which  he  may  be  chosen,  and  who  shall 
not  have  attained  the  age  of  twenty-five  years,  and  have  been  a 
resident  of  the  State  or  Territory  for  two  years  next  preceding 
his  election. 

Sec.  29.  The  legislative  assembly  shall  fix  the  number  of 
Senators,  and  divide  the  State  into  as  many  senatorial  districts 
as  there  are  Senators,  which  districts,  as  nearly  as  may  be,  shall 
be  equal  to  each  other  in  number  of  inhabitants  entitled  to 
representation.  Each  district  shall  be  entitled  to  one  Senator 


CONSTITUTION  OF  NORTH  DAKOTA. 


95 


and  no  more,  and  shall  be  composed  of  compact  and  contiguous 
territory;  and  no  portion  of  any  county  shall  be  attached  to  any 
other  county,  or  part  thereof,  so  as  to  form  a district.  The  dist- 
ricts as  thus  ascertained  and  determined  shall  continue  until 
changed  by  law. 

Sec.  30.  The  senatorial  districts  shall  be  numbered  consecu- 
tively from  one  ujjwards,  according  to  the  number  of  districts 
prescribed,  and  the  Senators  shall  be  divided  into  two  classes. 
Those  elected  in  the  districts  designated  by  even  numbers  shall 
constitute  one  class,  and  those  elected  in  districts  designated  by 
odd  numbers  shall  constitute  the  other  class.  The  Senators  of 
one  class,  elected  in  the  year  1890,  shall  hold  their  office  for  two 
years,  those  of  the  other  class  shall  hold  their  office  four  years, 
and  the  determination  of  the  two  classes  shall  be  by  lot,  so  that 
one-half  of  the  Senators,  as  nearly  as  practicable,  may  be  elected 
biennially. 

Sec.  31.  The  Senate,  at  the  beginning  and  close  of  each  regu- 
lar session,  and  at  such  other  times  as  may  be  necessary,  shall 
elect  one  of  its  members  President  pro  tempore,  who  may  take 
the  place  of  the  Lieutenant-Governor  under  rules  prescribed  by 
law. 

Sec.  32.  The  House  of  Representatives  shall  be  composed 
of  not  less  than  fifty  nor  more  than  one  hundred  and  forty 
members. 

Sec.  33.  Representatives  shall  be  elected  for  the  term  of  two 
years. 

Sec.  34.  No  person  shall  be  a Representative  who  is  not  a 
qualified  elector  in  the  district  for  which  he  may  be  chosen,  and 
who  shall  not  have  attained  the  age  of  twenty-one  years,  and  have 
been  a resident  of  the  State  or  Territory  for  two  years  next 
preceding  his  election. 

Sec.  35.  The  members  of  the  House  of  Representatives  shall 
be  apportioned  to  and  elected  at  large  from  each  senatorial 
district.  The  legislative  assembly  shall,  in  the  year  1895,  and 
every  tenth  year,  cause  an  enumeration  to  be  made  of  all  the 
inhabitants  of  this  State,  and  shall  at  its  first  regular  session 
after  each  such  enumeration,  and  also  after  each  federal  census, 
proceed  to  fix  by  law  the  number  of  Senators  which  shall  con- 
stitute the  Senate  of  North  Dakota,  and  the  number  of  Repre- 
sentatives which  shall  constitute  the  House  of  Representatives 
of  North  Dakota,  within  the  limits  prescribed  by  this  Consti- 


90 


CONSTITUTION  OF  NORTH  DAKOTA. 


tution,  and  at  the  same  session  shall  proceed  to  reapportion  the 
State  into  senatorial  districts,  as  prescribed  by  this  Constitution, 
and  to  fix  the  number  of  members  of  the  House  of  Representa- 
tives to  be  elected  from  the  several  senatorial  districts:  Pro- 

vided, that  the  legislative  assembly  may,  at  any  regular  session, 
redistrict  the  State  into  senatorial  districts,  and  apportion  the 
Senators  and  Representatives  respectively. 

Sec.  36.  The  House  of  Representatives  shall  elect  one  of  its 
members  as  Speaker. 

Sec.  37.  No  Judge  or  Clerk  of  any  court.  Secretary  of  State, 
Attorney-General,  Register  of  Deeds,  Sheriff  or  person  holding 
any  ofiice  of  profit  under  this  State,  except  in  the  militia,  or 
office  of  the  Attorney-at-Law,  Notary  Public  or  Justice  of  the 
Peace,  and  no  person  holding  any  office  of  profit  or  honor  under 
any  foreign  government,  or  under  the  government  of  the  United 
States,  except  postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  three  hundred  dollars,  shall  hold  any  office  in 
either  branch  of  the  legislative  assembly  or  become  a member 
thereof. 

Sec.  38.  No  member  of  the  legislative  assembly,  expelled  for 
corruption,  and  no  person  convicted  of  bribery,  perjury  or  other 
infamous  crime,  shall  be  eligible  to  the  legislative  assembly,  or 
to  any  office  in  either  branch  thereof. 

Sec.  39.  No  member  of  the  legislative  assembly  shall,  during 
the  term  for  which  he  was  elected,  be  appointed  or  elected  to 
any  civil  office  in  this  State,  which  shall  have  been  created,  or 
the  emoluments  of  which  shall  have  been  increased,  during  the 
term  for  which  he  was  elected;  nor  shall  any  member  receive 
any  civil  appointment  from  the  Governor,  or  Governor  and 
Senate,  during  the  term  for  which  he  shall  have  been  elected. 

Sec.  40.  If  any  person  elected  to  either  house  of  the  legisla- 
tive asembly  shall  offer  or  promise  to  give  his  vote  or  influence 
in  favor  of,  or  against  any  measure  or  proposition  pending  or 
proposed  to  be  introduced  into  the  legislative  assembly,  in  con- 
sideration, or  upon  conditions,  that  any  other  person  elected  to 
the  same  legislative  assembly  will  give,  or  will  promise  or 
assent  to  give,  his  vote  or  influence  in  favor  of  or  against  any 
other  measure  or  proposition,  pending  or  proposed  to  be  intro- 
duced into  such  legislative  assembly,  the  person  making  such 
offer  or  promise  shall  be  deemed  guilty  of  solicitation  of  bribery. 
If  any  member  of  the  legislative  assembly  shall  give  his  vote  or 


CONSTITUTION  OF  NORTH  DAKOTA. 


97 


influence  for  or  against  any  measure  or  proposition,  pending  or 
proposed  to  be  introduced  into  such  legislative  assembly,  or 
offer,  promise  or  assent  so  to  do  upon  condition  that  any  other 
member  will  give,  promise  or  assent  to  give  his  vote  or  influence 
in  favor  of  or  against  any  other  such  measure  or  proposition 
pending  or  proposed  to  be  introduced  into  such  legislative  as- 
sembly, or  in  consideration  that  any  other  member  hath  given 
his  vote  or  influence,  for  or  against  any  other  measure  or  propo- 
sition in  such  legislative  assembly,  he  shall  be  deemed  guilty 
of  bribery.  And  any  person,  member  of  the  legislative  assembly 
or  person  elected  thereto,  who  shall  be  guilty  of  either  such 
offenses,  shall  be  expelled,  and  shall  not  thereafter  be  eligible 
to  the  legislative  assembly,  and  on  the  conviction  thereof  in  the 
civil  courts,  shall  be  liable  to  such  further  penalty  as  may  be 
prescribed  by  law. 

Sec.  41.  The  term  of  service  of  the  members  of  the  legislative 
assembly  shall  begin  on  the  first  Tuesday  in  Janiiary  next  after 
their  election. 

Sec.  42.  The  membei's  of  the  legislative  assembly  shall  in  aU 
cases,  except  treason,  felony  and  breach  of  the  peace,  be  privi- 
leged from  arrest  during  their  attendance  at  the  sessions  of 
their  respective  houses,  and  in  going  to  or  returning  from  the 
same.  For  words  used  in  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  43.  Any  member  who  has  a personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  legislative 
assembly,  shaU  disclose  the  fact  to  the  house  of  which  he  is  a 
member,  and  shall  not  vote  thereon  without  the  consent  of  the 
house. 

Sec.  44.  The  Governor  shall  issue  writs  of  election  to  fill 
such  vacancies  as  may  occur  in  either  house  of  the  legislative 
assembly.  • 

Sec.  45.  Each  member  of  the  legislative  assembly  shall  re- 
ceive as  a compensation  for  his  services  for  each  session,  five 
dollars  per  day,  and  ten  cents  for  every  mile  of  necessary  travel 
in  going  to  and  returning  from  the  place  of  the  meeting  of  the 
legislative  assembly,  on  the  most  usual  route. 

Sec.  46.  A majority  of  the  members  of  each  house  shall  con- 
stitute a quorum,  but  a smaller  number  may  adjourn  from  day 
to  day,  and  may  compel  the  attendance  of  absent  members,  in 


I 


98 


CONSTITUTION  OF  NOKTH  DAKOTA. 


such  a manner,  and  under  such  a penalty,  as  may  be  prescribed 
by  law. 

Sec.  47.  Each  house  shall  be  the  judge  of  the  election  returns 
and  qualifications  of  its  own  members. 

Sec.  48.  Each  house  shall  have  the  power  to  determine  the 
rules  of  proceeding,  and  punish  its  members  or  other  persons 
for  contempt  or  disorderly  behavior  in  its  presence;  to  protect 
its  members  against  violence  or  offers  of  bribes,  or  private 
solicitation,  and  with  the  concurrence  of  two-thirds,  to  expel  a 
member;  and  shall  have  all  other  powers  necessary  and  usual 
in  the  legislative  assembly  of  a free  State.  But  no  imprisonment 
by  either  house  shall  continue  beyond  thirty  days.  Punishment 
for  contempt  or  disorderly  behavior  shall  not  bar  a criminal 
prosecution  for  the  same  offense. 

Sec.  49.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  the  yeas  and  nays  on  any  question  shall  be  taken  and 
entered  on  the  journal  at  the  request  of  one-sixth  of  those 
present. 

Sec.  50.  The  sessions  of  each  house  and  of  the  committee  of 
the  whole  shall  be  open,  unless  the  business  is  such  as  ought  to 
be  kept  secret. 

Sec.  51.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting,  except  in 
case  of  epidemic,  pestilence  or  other  great  danger. 

Sec.  52.  The  Senate  and  House  of  Kepresentatives  jointly 
shall  be  designated  as  the  Legislative  Assembly  of  the  State  of 
North  Dakota. 

Sec.  53.  The  legislative  assembly  shall  meet  at  the  seat  of 
government  at  twelve  o’clock  noon,  on  the  first  Tuesday  after 
the  first  Monday  in  January,  in  the  year  next  following  the 
election  of  the  members  thereof. 

Sec.  54.  In  all  elections  to  be  made  by  the  legislative  assem- 
bly, or  either  house  thereof,  the  members  shall  vote  viva  voce, 
and  their  votes  shall  be  entered  in  the  journal. 

Sec.  55.  The  sessions  of  the  legislative  assembly  shall  be 
biennial,  except  as  otherwise  provided  in  this  Constitution. 

Sec.  56.  No  regular  sessions  of  the  legislative  assembly  shall 
exceed  sixty  days,  except  in  case  of  impeachment,  but  the  first 
session  of  the  legislative  assembly  may  continue  for  a period  of 
one  hundred  and  twenty  days. 


CONSTITUTION  OF  NORTH  DAKOTA. 


99 


Sec.  57.  Any  bill  may  originate  in  either  house  of  the  legis- 
lative assembly,  and  a bill  passed  by  one  house  may  be  amended 
by  the  other. 

Sec.  58.  No  law  shall  be  passed  except  by  a bill  adopted  by 
both  houses,  and  no  bill  shall  be  so  altered  and  amended  on  its 
passage  through  either  house  as  to  change  its  original  purpose. 

Sec.  59.  The  enacting  clause  of  every  law  shall  be  as  follows: 
Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  North 
Dakota. 

Sec.  60.  No  bill  for  the  appropriation  of  money,  except  for  the 
expenses  of  the  government  shall  be  introduced  after  the  fortieth 
day  of  the  session,  except  by  unanimous  consent  of  the  house  in 
which  it  is  sought  to  be  introduced. 

Sec.  61.  No  bill  shall  embrace  more  than  one  subject,  which 
shall  be  expressed  in  its  title,  but  a bill  which  violates  this 
provision  shall  be  invalidated  thereby  only  as  to  so  much  thereof 
as  shall  not  be  so  expressed. 

Sec.  62.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  expenses  of  the  executive,  legislative 
and  judicial  departments  of  the  State,  interest  on  the  public 
debt,  and  for  public  schools.  All  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject. 

Sec.  63.  Every  bill  shall  be  read  three  several  times,  but  the 
hi  st  and  second  reading,  and  those  only,  may  be  upon  the  same 
day;  and  the  second  reading  may  be  by  title  of  the  bill,  unless  a 
reading  at  length  be  demanded.  The  first  and  third  readings 
shall  be  at  length.  No  legislative  day  shall  be  shorter  than  the 
natural  day. 

Sec.  64.  No  bill  shall  be  revised  or  amended,  or  the  pro- 
visions thereof  extended  or  incorporated  in  any  other  bill  by 
reference  to  its  title  only,  but  so  much  thereof  as  is  revised, 
amended  or  extended  or  so  incorporated,  shall  be  re-enacted 
and  published  at  length. 

Sec.  65.  No  bill  shall  become  a law  except  by  a vote  of  a 
majority  of  all  the  members  elect  in  each  house,  nor  unless,  on 
its  final  passage,  the  vote  be  taken  by  yeas  and  nays,  and  the 
names  of  those  voting  be  entered  on  the  journal. 

Sec.  66.  The  presiding  officer  of  each  house  shall,  in  the 
presence  of  the  house  over  which  he  presides,  sign  all  bills  and 


100 


CONSTITUTION  OF  NOKTH  DAKOTA. 


joint  resolutions  passed  by  the  legislative  assembly;  immediately 
before  such  signing  their  title  shall  be  publicly  read  and  the 
fact  of  signing  shall  be  at  once  entered  on  the  journal. 

Sec.  67.  No  act  of  the  legislative  assembly  shall  take  effect 
until  July  1st  after  the  close  of  the  session,  unless  in  case  of 
emergency  (which  shall  be  expressed  in  the  preamble  or  body  of 
the  act),  the  legislative  assembly  shall,  by  a vote  of  two-thirds 
of  all  the  members  present  in  each  house,  otherwise  direct. 

Sec.  68.  The  legislative  assembly  shall  pass  all  laws  neces> 
sary  to  carry  into  effect  the  provisions  of  this  Constitution. 

Sec.  69.  The  legislative  assembly  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say: 

1.  For  granting  divorces. 

2.  Laying  out,  opening,  altering  or  working  roads  or  high* 
ways,  vacating  roads,  town  plats,  streets,  alleys  or  public  ground. 

3.  Locating  or  changing  county  seats. 

4.  Regulating  county  or  township  affairs. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  police  magistrates  or  constables. 

7.  Changing  the  rules  of  evidence  in  any  trial  or  inquiry. 

8.  Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

9.  Declaring  any  person  of  age. 

10.  For  limitation  of  civil  actions,  or  giving  effect  to  informal 
or  invalid  deeds. 

11.  Summoning  or  impaneling  grand  or  petit  juries. 

12.  Providing  for  the  management  of  common  schools. 

13.  Regulating  the  rate  of  interest  on  money. 

14.  The  opening  or  conducting  of  any  election  or  designating 
the  place  of  voting. 

15.  The  sale  or  mortgage  of  real  estate  belonging  to  minors 
or  others  under  disability. 

16.  Chartering  or  licensing  ferries,  toll  bridges  or  toll  roads. 

17.  Remitting  fines,  penalties  or  forfeitures. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or 
allowances  of  public  officers. 

19.  Changing  the  law  of  descent. 

20.  Granting  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks,  or  any  special  or  exclusive 
privilege,  immunity  of  franchise  whatever. 


CONSTITUTION  OF  NORTH  DAKOTA. 


101 


21.  For  the  punishment  of  crimes. 

22.  Changing  the  names  of  persons  or  places. 

23.  For  the  assessment  or  collection  of  taxes. 

24.  Affecting  the  estates  of  deceased  persons,  minors  or 
others  under  legal  disabilities. 

25.  Extending  the  time  for  the  collection  of  taxes. 

2G.  Refunding  money  into  the  State  treasury. 

27.  Relinquishing  or  extinguishing  in  whole  or  in  part  the 
indebtedness,  liability  or  obligation  of  any  corporation  or  person 
to  this  State,  or  to  any  municipal  corporation  therein. 

28.  Legalizing,  except  as  against  the  State,  the  unauthorized 
or  invalid  act  of  any  officer. 

29.  Exempting  property  from  taxation. 

30.  Restoring  to  citizenship  persons  convicted  of  infamous 
-crimes. 

31.  Authorizing  the  creation,  extension  or  impairing  of  liens. 

32.  Creating  offices,  or  prescribing  the  powers  or  duties  of 
officers  in  counties,  cities,  townships,  election  or  school  districts, 
or  authorizing  the  adoption  or  legitimation  of  children. 

33.  Incorporation  of  cities,  towns  or  villages,  or  changing  or 
amending  the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of 
supervisors  in  townships,  incorporated  towns  or  cities. 

35.  The  protection  of  game  or  fish. 

Sec.  70.  In  all  other  cases  where  a general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted ; nor  shall  the  legisla- 
tive assembly  indirectly  enact  such  special  or  local  law  by  the 
partial  repeal  of  a general  law;  but  laws  repealing  local  or 
special  acts  may  be  passed. 

ARTICLE  III. 

Executive  Depa/tment. 

Sec.  71.  The  executive  power  shall  be  vested  in  a Governor, 
who  shall  reside  at  the  seat  of  government,  and  shall  hold  his 
office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  duly  qualified. 

Sec.  72.  A'  Lieutenant-Governor  shall  be  elected  at  the  same 
time  and  for  the  same  term  as  the  Governor.  In  case  of  the 
death,  impeachment,  resignation,  Lailure  to  qualify,  absence 
from  the  State,  removal  from  office,  or  the  disability  of  the 


102 


CONSTITUTION  OF  NORTH  DAKOTA. 


Governor,  the  powers  and  duties  of  the  office  for  the  residue 
of  the  term,  or  until  he  shall  be  acquitted,  or  the  disability’ 
be  removed,  shall  devolve  upon  the  Lieutenant-Governor. 

Sec.  73.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor  unless  he  be  a citizen  of  the  United 
States  and  a qualified  elector  of  the  State,  who  shall  have 
attained  the  age  of  thirty  years,  and  who  shall  have  resided  five 
years  next  preceding  the  election  within  the  State  or  Territory, 
nor  shall  he  be  eligible  to  any  other  office  during  the  term  for 
which  he  shall  have  been  elected. 

Sec.  74.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  time  and 
places  of  choosing  members  of  the  legislative  assembly.  The 
persons  having  the  highest  number  of  votes  for  Governor  and 
Lieutenant-Governor,  respectively,  shall  be  declared  elected,  but 
if  two  or  more  shall  have  an  equal  and  highest  number  of  votes 
for  Governor  and  Lieutenant-Governor,  the  tw^o  houses  of  the 
legislative  assembly,  at  its  next  regular  session,  shall  forthwith 
by  joint  ballot,  choose  one  of  such  persons  for  said  office.  The 
returns  of  the  election  for  Governor  and  Lieutenant-Governor 
shall  be  made  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  75.  The  Governor  shall  be  commander-in-chief  of  the 
military  and  naval  forces  of  the  State,  except  when  they  shall 
be  called  into  the  service  of  the  United  States,  and  may  call  out 
the  same  to  execute  the  laws,  suppress  insurrection  and  repel 
invasion.  He  shall  have  power  to  convene  the  legislative 
assembly  on  extraordinary  occasions.  He  shall,  at  the  com- 
mencement of  each  session,  communicate  to  the  legislative 
assembly  by  message,  information  of  the  condition  of  the  State, 
and  recommend  such  measures  as  he  shall  deem  expedient.  He 
shall  transact  all  necessary  business  with  the  officers  of  the 
government,  civil  and  military.  , He  shall  expedite  all  such 
measures  as  may  be  resolved  upon  by  the  legislative  assembly, 
and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  76.  The  Governor  shall  have  power  to  remit  fines  and 
forfeitures,  to  grant  reprieves,  commutations  and  pardons  after 
conviction,  for  all  offenses  except  treason  and  cases  of  impeach- 
ment; but  the  legislative  assembly  may  by  law  regulate  the 
manner  in  which  the  remission  of  fines,  pardons,  commutations 
and  reprieves  may  be  applied  for.  Upon  conviction  for  treason, 
he  shall  have  power  to  suspend  the  execution  of  sentence  until 


CONSTITUTION  OF  NORTH  DAKOTA. 


103 


the  case  shall  be  reported  to  the  legislative  assembly  at  its  next 
regular  session,  when  the  legislative  assembly  shall  either  pardon 
or  commute  the  sentence,  direct  the  execution  of  the  sentence, 
or  grant  further  reprieve.  He  shall  communicate  to  the  legis- 
lative assembly  at  each  regular  session  each  case  of  remission 
of  fine,  reprieve,  commutation  or  pardon  granted  by  him,  stating 
the  name  of  the  convict,  the  crime  for  which  he  is  convicted, 
the  sentence  and  its  date,  and  the  date  of  the  remission,  com- 
mutation, pardon  or  reprieve,  with  his  reason  for  granting  the 
same. 

Sec.  77.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 
If,  during  the  vacancy  in  the  office  of  Governor,  the  Lieutenant- 
Governor  shall  be  impeached,  displaced,  resign  or  die,  or  from 
mental  or  physical  disease,  or  otherwise,  become  incapable  of 
performing  the  duties  of  his  office,  the  Secretary  of  State  shall 
act  as  Governor  until  the  vacancy  shall  be  filled  or  the  disa- 
bility removed. 

Sec.  78.  When  any  office  shall,  from  any  cause,  become  va- 
cant, and  no  mode  is  provided  by  the  Constitution  or  law  for 
filling  such  vacancy,  the  Governor  shall  have  power  to  fill  such 
vacancy  by  appointment. 

Sec.  79.  Every  bill  which  shall  have  passed  the  legislative 
assembly  shall,  before  it  becomes  a law,  be  presented  to  the 
Governor.  If  he  approve,  he  shall  sign,  but  if  not,  he  shall 
return  it,  with  his  objections,  to  the  house  in  which  it  originated, 
which  shall  enter  the  objections  at  large  upon  the  journal  and 
proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  the  members  elect  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  it  be  approved  by 
two-thirds  of  the  members  elect,  it  shall  become  a law;  but  in 
all  such  cases  the  vote  of  both  houses  shall  be  determined  by  the 
yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  upon  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  Governor 
within  three  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law,  unless  the  legislative 
assembly,  by  its  adjournment,  prevent  its  return,  in  which  case 
it  shall  be  a law,  unless  he  shall  file  the  same,  with  his  objec 
tions,  in  the  office  of  the  Secretary  of  State,  within  fifteen  days 
after  such  adjournment. 


104 


CONSTITUTION  OF  NORTH  DAKOTA. 


Sec.  80.  The  Governor  shall  have  power  to  disapprove  of  any 
item  or  items,  or  part  or  parts  of  any  bill  making  appropriations 
of  money  or  property  embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law,  and  the  item  or  items, 
and  part  or  parts  disapproved  shall  be  void,  unless 
enacted  in  the  following  manner:  If  the  legislative 

assembly  be  in  session,  he  shall  transmit  to  the  house 
in  which  the  bill  originated,  a copy  of  the  item 
or  items,  or  part  or  parts  thereof  disapproved,  together 
with  his  objections  thereto,  and  the  items  or  parts  objected  to 
shall  be  separately  reconsidered,  and  each  item  or  part  shall 
then  take  the  same  course  as  is  prescribed  for  the  passage  of 
bills  over  the  executive  veto. 

Sec.  81.  Any  Governor  of  this  State  who  asks,  receives  or 
agrees  to  receive  any  bribe  upon  any  understanding  that  his 
official  opinion,  judgment  or  action  shall  be  influenced  thereby, 
or  who  gives  or  offers,  or  promises  his  official  influence  in  con- 
sideration that  any  member  of  the  legislative  assembly  shall 
give  his  official  vote  or  influence  on  any  particular  side  of  any 
question  or  matter  upon  which  he  may  be  required  to  act  in  his 
official  capacity,  or  who  menaces  any  member  by  the  threatened 
use  of  his  veto  power,  or  who  offers  or  promises  any  member 
that  he,  the  said  Governor,  will  appoint  any  particular  person  or 
persons  to  any  office  created  or  thereafter  to  be  created,  in  con- 
sideration that  any  member  shall  give  his  official  vote  or  influence 
on  any  matter  pending  or  thereafter  to  be  introduced  into  either 
house  of  said  legislative  assembly,  or  who  threatens  any  member 
that  he,  the  said  Governor,  will  remove  any  person  or  persons 
from  office  or  position  with  intent  in  any  manner  to  influence  the 
action  of  said  member,  shall  be  punished  in  the  manner  now  or 
that  may  hereafter  be  provided  by  law,  and  upon  conviction 
thereof,  shall  forfeit  all  right  to  hold  or  exercise  any  office  of 
trust  or  honor  in  this  State. 

Sec.  82.  There  shall  be  chosen  by  the  qualifled  electors  of 
the  State,  at  the  times  and  places  of  choosing  members  of  the 
legislative  assembly,  a Secretary  of  State,  Auditor,  Treasurer, 
Superintendent  of  Public  Instruction,  Commissioner  of  Insur- 
ance, three  Commissioners  of  Railroads,  an  Attorney-General 
and  one  Commissioner  of  Agriculture  and  Labor,  who  shall  have 
attained  the  age  of  twenty-five  years,  shall  be  citizens  of  the 
United  States,  and  shall  have  the  qualifications  of  State  electors. 


CONSTITUTION  OF  NORTH  DAKOTA. 


105 


They  shall  severally  hold  their  offices  at  the  seat  of  government 
for  the  term  of  two  years,  and  until  their  successors  are  elected 
and  duly  qualified,  but  no  person  shall  be  eligible  to  the  office  of 
Treasurer  for  more  than  two  consecutive  terms. 

Sec.  S3.  The  powers  and  duties  of  the  Secretary  of  State, 
Auditor,  Treasurer,  Superintendent  of  Public  Instruction,  Com- 
missioners of  Insurance,  Commissioners  of  Railroads,  Attorney- 
General  and  Commissioner  of  Agriculture  and  Labor,  shall  be  as 
prescribed  by  law. 

Sec.  84.  Until  otherwise  provided  by  law,  the  Governor  shall 
receive  an  annual  salary  of  |3,()()0;  the  Lieutenant-Governor 
shall  receive  an  annual  salary  of  |1,000;  the  Secretary  of  State, 
Auditor,  Treasurer,  Superintendent  of  Public  Instruction,  Com- 
missioner of  Insurance,  Commissioners  of  Railroads  and  Attor- 
ney-General shall  each  receive  an  annual  salary  of  |2,000;  the 
salary  of  the  Commissioner  of  Agriculture  and  Labor  shall  be  as 
prescribed  by  law,  but  the  salaries  of  any  of  the  said  officers 
shall  not  be  increased  or  diminished  during  the  period  for  which 
they  shall  have  been  elected,  and  all  fees  and  profits  arising 
from  any  of  the  said  offices  shall  be  covered  into  the  State 
treasuiy. 

ARTICLE  IV. 

Judicial  Department. 

Sec.  85.  The  Judicial  power  of  the  State  of  North  Dakota 
shall  be  vested  in  a Supreme  Court,  District  Courts,  County 
Courts,  Justices  of  the  Peace,  and  in  such  other  courts  as  may 
be  created  by  law  for  cities,  incorporated  towns  and  villages. 

Sec.  86.  The  Supreme  Court,  except  as  otherwise  provided  in 
this  Constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State,  and  shall  have  a general 
superintending  control  over  all  inferior  courts  under  such  regu- 
lations and  limitations  as  may  be  prescribed  by  law. 

Sec.  87.  It  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  quo  warranto,  certiorari,  injunction,  and  such  other 
original  and  remedial  writs  as  may  be  necessary  to  the  proper 
exercise  of  its  jurisdiction,  and  shall  have  authority  to  hear  and 
determine  the  same:  Provided,  however,  that  no  jury  trials 

shall  be  allowed  in  said  Supreme  Court,  but  in  proper  cases 
questions  of  fact  may  be  sent  b}^  said  court  to  a District  Court 
for  trial. 


lOG 


CONSTITUTION  OF  NORTH  DAKOTA. 


Sec.  88.  Until  otherwise  provided  by  law,  three  terms  of  the 
Supreme  Court  shall  be  held  each  year,  one  at  the  seat  of 
government,  one'  at  Fargo,  in  the  county  of  Cass,  and  one  at 
Grand  Forks,  in  the  county  of  Grand  Forks. 

Sec.  89.  The  Supreme  Court  shall  consist  of  three  Judges, 
a majority  of  whom  shall  be  necessary  to  form  a quorum  or  pro- 
nounce a decision,  but  one  or  more  of  said  Judges  may  adjourn 
the  court  from  day  to  day  or  to  a day  certain. 

Sec.  90.  The  Judges  of  the  Supreme  Court  shall  be  elected 
by  the  qualified  electors  of  the  State  at  large,  and  except  as  may 
be  otherwise  provided  herein  for  the  first  election  for  Judges 
under  this  Constitution,  said  Judges  shall  be  elected  at  general 
elections. 

Sec.  91.  The  term  of  office  of  the  .Judges  of  the  Supreme 
Court,  except  as  in  this  article  otherwise  provided,  shall  be  six 
years,  and  they  shall  hold  their  offices  until  their  successors  are 
duly  qualified. 

Sec.  92.  The  Judges  of  the  Supreme  Court  shall,  immediately 
after  the  first  election  under  this  Constitution,  be  classified  by 
lot,  so  that  one  shall  hold  his  office  for  the  term  of  three  years, 
one  for  the  term  of  five  years  and  one  for  the  term  of  seven 
years  from  the  first  Monday  in  December,  A.  D.  1889.  The  lots 
shall  be  drawn  by  the  Judges,  who  shall  for  that  purpose  as- 
semble at  the  seat  of  government,  and  they  shall  cause  the 
result  thereof  to  be  certified  to  the  Secretary  of  the  Territory, 
and  filled  in  his  office,  unless  the  Secretary  of  State  of  North 
Dakota  shall  have  entered  upon  the  duties  of  his  office,  in  which 
event  said  certification  shall  be  filed  therein.  The  Judge  having 
the  shortest  term  to  serve,  not  holding  his  office  by  election  or 
appointment  to  fill  a vacancy,  shall  be  Chief  Justice,  and  shall 
preside  at  all  terms  of  the  Supreme  Court,  and  in  case  of  his 
absence,  the  Judge  having  in  like  manner  the  next  shortest  term 
to  serve,  shall  preside  in  his  stead. 

Sec.  93.  There  shall  be  a Clerk  and  also  a Reporter  of  the 
Supreme  Court,  who  shall  be  appointed  by  the  Judges  thereof, 
and  who  shall  hold  their  offices  during  the  pleasure  of  said 
Judges,  and  whose  duties  and  emoluments  shall  be  prescribed 
by  law,  and  by  rules  of  the  Supreme  Court  not  inconsistent  with 
law.  The  legislative  assembly  shall  make  provisions  for  the 
publication  and  distiabution  of  the  decisions  of  the  Supreme 
Court,  and  for  the  sale  of  1h(‘  published  volumes  thereof. 


CONSTITUTION  OF  NOKTH  DAKOTA. 


107 


Sec.  94.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  Supreme  Court  unless  he  be  learned  in  the  law,  be  at  least 
thirty  years  of  age,  and  a citizen  of  the  United  States,  nor  unless 
he  shall  have  resided  in  this  State  or  Territory  of  Dakota  three 
years  next  preceding  his  election. 

Sec.  95.  Whenever  the  population  of  the  State  of  North 
Dakota  shall  equal  600,000,  the  legislative  assembly  shall  have 
the  power  to  increase  the  number  of  the  judges  of  the  Supreme 
Court  to  five,  in  which  event  a majority  of  said  court,  as  thus 
increased,  shall  constitute  a quorum. 

Sec.  96.  No  duties  shall  be  imposed  by  law  upon  the  Supreme 
Court  or  any  of  the  Judges  thereof,  except  such  as  are  judicial, 
nor  shall  any  of  the  Judges  thereof  exercise  any  power  of 
appointment  except  as  herein  provided. 

Sec.  97.  The  style  of  all  process  shall  be  The  State  of  North 
Dakota.”  All  prosecutions  shall  be  carried  on  in  the  name  and 
by  the  authority  of  the  State  of  North  Dakota,  and  conclude 
against  the  peace  and  dignity  of  the  State  of  North  Dakota.” 

Sec.  98.  Any  vacancy  happening  by  death,  resignation  or 
otherwise  in  the  office  of  Judge  of  the  Supreme  Court,  shall  be 
filled  by  appointment  by  the  Governor,  which  appointment  shall 
continue  until  the  first  general  election  thereafter,  when  said 
vacancy  shall  be  filled  by  election. 

Sec.  99.  The  Judges  of  the  Supreme  and  District  Courts  . 
shall  receive  such  compensation  for  their  services  as  may  be 
prescribed  by  law,  which  compensation  shall  not  be  increased  or 
diminished  during  the  term  for  which  a Judge  shall  have  been 
elected. 

Sec.  100.  In  case  a Judge  of  the  Supreme  Court  shall  be  in 
any  way  interested  in  a cause  brought  before  said  court,  the 
remaining  Judges  of  said  court  shall  call  one  of  the  District 
Judges  to  sit  with  them  on  the  hearing  of  said  cause. 

Sec.  101.  When  a judgment  or  decree  is  reversed  or  con- 
firmed by  the  Supreme  Court,  every  point  fairly  arising  upon 
the  record  of  the  case  shall  be  considered  and  decided,  and  the 
reasons  therefor  shall  be  concisely  stated  in  writing,  signed  by 
the  Judges  concurring,  filed  in  the  office  of  the  Clerk  of  the 
Supreme  Court,  and  preserved  with  a record  of  the  case.  Any 
Judge  dissenting  therefrom,  may  give  the  reasons  of  his  dissent 
in  writing  over  his  signature. 


108 


CONSTITUTION  OF  NORTH  DAKOTA. 


Sec.  102.  It  shall  be  the  duty  of  the  court  to  prepare  a 
syllabus  of  the  poiuts  adjudicated  in  each  case,  which  shall  be 
concurred  in  by  a majority  of  the  Judges  thereof,  and  it  shall  be 
prefixed  to  the  published  reports  of  the  case. 

(yOtOi  ts • 

Sec.  103.  The  District  Court  shall  have  original  jurisdiction, 
except  as  otherwise  provided  in  this  Constitution,  of  all  causes 
both  at  law  and  equity,  and  such  appellate  jurisdiction  as  may  be 
coiuerred  by  law.  They  and  the  Judges  thereof  shall  also  have 
jurisdiction  and  power  to  issue  writs  of  habeas  corpus,  quo 
warranto,  certiorari,  injunction  and  other  original  and  remedial 
writs,  with  authority  to  hear  and  determine  the  same. 

Sec.  104.  The  State  shall  be  divided  into  six  judicial  districts, 
in  each  of  which  there  shall  be  elected  at  general  elections,  by 
the  electors  thereof,  one  Judge  of  the  District  Court  therein, 
whose  term  of  office  shall  be  four  years  from  the  first  Monday 
in  January  succeeding  his  election,  and  until  his  successor  is 
duly  qualified.  This  section  shall  not  be  construed  as  governing 
the  first  election  of  District  Judges  under  this  Constitution. 

Sec.  105.  Until  otherwise  provided  by  law,  said  districts 
shall  be  constituted  as  follows: 

District  No.  1 shall  consist  of  the  counties  of  Pembina, 
Cavalier,  Walsh,  Nelson  and  *Grrand  Forks. 

District  No.  2 shall  consist  of  the  counties  of  Ramsey,  Towner, 
Benson,  Pierce,  Rolette,  Bottineau,  McHenry,  Church,  Renville, 
Ward,  Stevens,  Mountraille,  Garfield,  Flannery  and  Buford. 

District  No.  3 shall  consist  of  the  counties  of  Cass,  Steele  and 
Traill. 

District  No.  4 shall  consist  of  the' counties  of  Richland,  Ran- 
som, Sargent,  Dickey  and  McIntosh. 

District  No.  5 shall  consist  of  the  counties  of  Logan,  La 
Moure,  Stutsman,  Barnes,  Wells,  Foster,  Eddy  and  Griggs. 

District  No.  6 shall  consist  of  the  counties  of  Burleigh,  Em- 
mons, Kidder,  Sheridan,  McLean,  Morton,  Oliver,  Mercer,  Wil- 
liams, Stark,  Hettinger,  Bowman,  Billings,  McKenzie,  Dunn, 
Walla c(‘  and  AIIihhI,  and  that  portion  of  the  Sioux  Indian 
reservation  lying  north  of  the  seventh  standard  parallel. 

Sec.  106.  The  legislative  assembly  may,  whenever  two-thirds 
of  the  members  of  each  house  shall  concur  therein,  but  not 
oftener  than  once  in  four  years,  increase  the  number  of  said 


COXSTITUTIOX  OF  NORTH  DAKOTA. 


judicial  districts  and  the  Judges  thereof;  such  districts  shall 
be  formed  from  compact  territory  and  bounded  by  county  lines, 
but  such  increase  or  change  in  the  boundaries  of  the  districts 
shall  not  work  the  removal  of  any  judge  from  his  office  during 
the  term  for  which  he  may  have  been  elected  or  appointed. 

Sec.  107.  No  person  shall  be  eligible  to  the  office  of  District 
Judge  unless  he  be  learned  in  the  law,  be  at  least  twenty-five 
years  of  age,  and  a citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  within  the  State  or  Territory  of  Dakota  at 
least  two  years  next  preceding  his  election,  nor  unless  he  shall 
at  the  time  of  his  election  be  an  elector  within  the  judicial 
district  for  which  he  is  elected. 

Sec.  108.  There  shall  be  a Clerk  of  the  District  Court  in  each 
organized  county  in  wffiich  a court  is  holden,  wffio  shall  be  elected 
by  the  qualified  electors  of  the  county,  and  shall  hold  his  office 
for  the  same  term  as  other  county  officers.  He  shall  receive  such 
compensation  for  his  services  as  may  be  prescribed  by  law. 

Sec.  109.  Writs  of  error  and  appeals  may  be  allow’ed  from  the 
decisions  of  the  District  Courts  to  the  Supreme  Court  under 
such  regulations  as  may  be  prescribed  by  law. 

C’cmniy  Courts. 

Sec.  110.  There  shall  be  established  in  each  county  a County 
Court,  wffiich  shall  be  a court  of  record,  open  at  all  times,  and 
holden  by  one  Judge  elected  by  the  electors  of  the  county,  and 
whose  term  of  office  shall  be  tw’o  years. 

Sec.  111.  The  County  Court  shall  have  exclusive  original 
jurisdiction  in  probate  and  testamentary  matters,  the  appoint- 
ment of  administrators  and  guardians,  the  settlement  of  the 
accounts  of  executors,  administrators  and  guardians,  the  sale  of 
lands  by  executors,  administrators  and  guardians,  and  such 
other  probate  jurisdiction  as  may  be  conferred  by  law:  Pro- 
vided, that  whenever  the  voters  of  any  county  having  a popu- 
lation of  2,000  or  over  shall  decide  by  a majority  vote  that  they 
desire  the  jurisdiction  of  said  court  increased  above  that  limited 
by  this  Constitution,  then  said  County  Courts  shall  have  con- 
current jurisdiction  wfith  the  District  Courts  in  all  civil  actions 
where  the  amount  in  controversy  does  not  exceed  ^1,000,  and  in 
all  criminal  actions  below^  the  grade  of  felony,  and  in  case  it  is 
decided  by  the  voters  of  any  county  to  so  increase  the  juris- 
diction of  said  County  Court,  the  jurisdiction  in  cases  of  misde- 


110 


CONSTITUTION  OF  NORTH  DAKOTA. 


meanors  arising  under  State  laws  which  may  have  been  con- 
ferred upon  police  magistrates,  shall  cease.  The  qualifications 
of  the  judge  of  the  County  Court  in  counties  where  the  jurisdic- 
tion of  said  court  shall  have  been  increased,  shall  be  the  same 
as  those  of  the  District  Judge,  except  that  he  shall  be  a resident 
of  the  county  at  the  time  of  his  election,  and  said  County  Judge 
shall  receive  such  salary  for  his  services  as  may  be  provided  by 
law.  In  case  the  voters  of  any  county  decide  to  increase  the 
jurisdiction  of  said  County  Courts,  then  such  jurisdiction  as 
thus  increased  shall  remain  until  otherwise  provided  by  law. 

Ju6tices  of  the  Peace. 

Sec.  112.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  Justices  of  the  Peace  in  each  organized  county 
within  the  State.  But  the  number  of  said  Justices  to  be  elected 
in  each  organized  county  shall  be  limited  by  law  to  such  a 
number  as  shall  be  necessary  for  the  proper  administration  of 
justice.  The  Justices  of  the  Peace  herein  provided  for  shall  have 
concurrent  jurisdiction  with  the  District  Court  in  all  civil 
actions  when  the  amount  in  controversy,  exclusive  of  costs,  does 
not  exceed  |200,  and  in  counties  where  no  County  Court  with 
criminal  jurisdiction  exists,  they  shall  have  such  jurisdiction  to 
hear  and  determine  cases  of  misdemeanor  as  may  be  provided 
by  law,  but  in  no  case  shall  said  Justices  of  the  Peace  have  juris- 
diction when  the  boundaries  of  or  title  to  real  estate  shall  come 
in  question.  The  legislative  assembly  shall  have  power  to 
abolish  the  office  of  Justice  of  the  Peace  and  confer  that  juris- 
diction upon  Judges  of  County  Courts,  or  elsewhere. 

Police  Magistrates 

Sec.  113.  The  legislative  assembly  shall  provide  by  law  for 
the  election  of  Police  Magistrates  in  cities,  incorporated  towns 
and  villages,  who  in  addition  to  their  jurisdiction  of  all  cases 
arising  under  the  ordinances  of  said  cities,  towns  and  villages, 
shall  be  ex  officio  Justices  of  the  Peace  of  the  county  in  which 
said  cities,  towns  and  villages  may  be  located.  And  the  legis- 
lative assembly  may  confer  upon  said  Police  Magistrates  the 
jurisdiction  to  hear,  try  and  determine  all  cases  of  misdemeanors, 
and  the  prosecutions  therein  shall  be  by  information. 

Sec.  114.  Appeals  shall  lie  from  the  County  Court,  final 
decisions  of  Justices  of  the  Peace  and  Police  Magistrates,  in  such 
cases  and  pursuant  to  such  regulations  as  may  be  prescribed  by 
law. 


CONSTITUTION  OF  NORTH  DAKOTA.  Ill 

M iscdlaneous. 

Sec.  115.  The  time  of  holding  courts  in  the  several  counties 
of  a district  shall  be  as  prescribed  by  law,  but  at  least  two  terms 
of  the  District  Court  shall  be  held  annually  in  each  organized 
county,  and  the  legislative  assembly  shall  make  provisions  for 
attaching  unorganized  counties  or  territories  to  organized 
counties  for  judicial  purposes. 

Sec.  116.  Judges  of  the  District  Courts  may  hold  court  in 
other  districts  than  their  own  under  such  regulations  as  shall 
be  prescribed  by  law. 

Sec.  117.  No  Judge  of  the  Supreme  or  District  Court  shall 
act  as  attorney  or  counselor-at-law. 

Sec.  118.  Until  the  legislative  assembly  shall  provide  by  law 
for  fixing  the  terms  of  courts,  the  Judges  of  the  Supreme  and 
District  Courts  shall  fix  the  terms  thereof. 

Sec.  119.  No  Judge  of  the  Supreme  or  District  Court  shall  be 
elected  or  appointed  to  any  other  than  judicial  offices,  or  be 
eligible  thereto,  during  the  term  for  w^hich  he  was  elected  or 
appointed  such  Judge.  All  votes  or  appointments  for  either  of 
them  for  any  elective  or  appointive  office,  except  that  of  Judge 
of  the  Supreme  Court  or  District  Court,  given  by  the  legislative 
assembly  or  the  people,  shall ‘be  void. 

Sec.  120.  Tribunals  of  conciliation  may  be  established  with 
such  powers  and  duties  as  shall  be  prescribed  by  law,  or  the 
powers  and  duties  of  such  may  be  conferred  upon  other  courts 
of  justice;  but  such  tribunals  or  other  courts,  when  sitting  as 
such,  shall  have  no  power  to  render  judgments  to  be  obligatory 
on  the  parties,  unless  they  voluntarily  submit  their  matters  of 
difference  and  agree  to  abide  the  judgment  of  such  tribunals  or 
courts. 

ARTICLE  V. 

Electi ve  Ft  'a  u rh  ise. 

Sec.  121.  Every  male  person  of  the  age  of  twenty-one  years 
or  upwards  belonging  to  either  of  the  following  classes,  who  shall 
have  resided  in  the  State  one  year,  in  the  county  six  months, 
jHiid  in  the  precinct  ninety  days  next  preceding  any  election,  shall 
be  deemed  a qualified  elector  at  such  election: 

First  — Citizen  of  the  United  States. 

Second  — Persons  of  foreign  birth  who  shall  have  declared 
their  intention  to  become  citizens  one  year  and  not  more  than 


112 


CONSTITUTION  OF  NOKTH  DAKOTA. 


six  years  prior  to  such  election,  comformably  to  the  naturaliza- 
tion laws  of  the  United  States. 

Third  — Civilized  persons  of  Indian  descent  who  shall  have 
severed  their  tribal  relations  two  years  next  preceding  such 
election. 

Sec.  122.  The  legislative  assembly  shall  be  empowered  to 
make  further  extensions  of  suffrage  hereafter,  at  its  discretion, 
to  all  citizens  of  mature  age  and  sound  mind,  not  convicted  of 
crime,  without  regard  to  sex;  but  no  law  extending  or  restrict- 
ing the  right  of  suffrage  shall  be  in  force  until  adopted  by  a 
majority  of  the  electors  of  the  State  voting  at  a general  election. 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  arrest 
on  the  days  of  election  during  their  attendance  at,  going  to  and 
returning  from  such  election,  and  no  elector  shall  be  obliged  to 
I^eiTorm  military  duty  on  the  day  of  election  except  in  time  of 
war  or  public  danger. 

Sec.  124.  The  general  elections  of  the  State  shall  be  biennial, 
and  shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November:  Provided,  that  the  first  general  election  under  this 

Constitution  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November,  A.  D.  1890. 

Sec.  125.  No  elector  shall  be  deemed  to  have  lost  his  resi- 
dence in  this  State  by  reason  of  his  absence  on  business  of  the 
United  States,  or  of  this  State,  or  in  the  military  or  naval  service 
of  the  United  States. 

Sec.  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a resident  of  this  State 
\ in  consequence  of  his  being  stationed  therein. 

Sec.  127.  No  person  who  is  under  guardianship  non  compos 
mentis  or  insane,  shall  be  qualified  to  vote  at  any  election,  nor 
shall  any  person  convicted  of  treason  or  felony,  unless  restored 
to  civil  rights. 

Sec.  128.  Any  woman  having  qualifications  enumerated  in 
section  121  of  this  article  as  to  age,  residence  and  citizenship, 
and  including  those  now  qualified  by  the  laws  of  the  Territory, 
may  vote  for  all  school  officers,  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any  school  office. 

Sec.  129.  All  elections  by  the  people  shall  be  by  secret  ballot, 
subject  to  such  regulations  as  shall  be  provided  by  law. 


CONSTITUTIOX  OF  NORTH  DAKOTA. 


113 


ARTICLE  VI. 

MuniGijyai  Corporations. 

Sec.  130.  The  legislative  assembly  shall  provide  by  general 
law  for  the  organization  of  municipal  corporations,  restricting 
their  powers  as  to  levying  taxes  and  assessments,  borrowing 
money  and  contracting  debts,  and  money  raised  by  taxation, 
loan  or  assessment  for  any  purpose  shall  not  be  diverted  to  any 
other  purpose  except  by  authority  of  law. 

ARTICLE  VII. 

Corporations  Other  Than  Municipal. 

Sec.  131.  No  charter  of  incorporation  shall  be  granted, 
changed  or  amended  by  special  law,  except  in  the  case  of  such 
municipal,  charitable,  educational,  penal  or  reformatory  corpo- 
rations as  may  be  under  the  control  of  the  State;  but  the  legis- 
lative assembly  shall  provide  by  general  laws  for  the  organization 
of  all  corporations  hereafter  to  be  created,  and  any  such  law,  so 
passed,  shall  be  subject  to  future  repeal  or  alteration. 

Sec.  132.  All  existing  charters  or  grants  of  special  or  exclu- 
sive privileges,  under  which  a bona  fide  organization  shall  not 
have  taken  place,  and  business  been  commenced  in  good  faith 
at  the  time  this  Constitution  takes  effect,  shall  thereafter  have 
no  validity. 

Sec.  133.  The  legislative  assembly  shall  not  remit  the  for- 
feiture of  the  charter  to  any  corporation  now  existing,  nor  alter 
or  amend  the  same,  nor  pass  any  other  general  or  sj)ecial  law  for 
the  benefit  of  such  corporation,  except  upon  the  condition  that 
such  corporation  shall  thereafter  hold  its  charter  subject  to  the 
provisions  of  this  Constitution. 

Sec.  134.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged,  or  so  construed  as  to  prevent  the  legislative 
assembly  from  taking  the  property  and  franchises  of  incorpo- 
rated companies  and  subjecting  them  to  public  use,  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police  power 
of  this  State  shall  never  be  abridged,  or  so  construed  as  to  per- 
mit corporations  to  conduct  their  business  in  such  a manner  as 
to  infringe  the  equal  rights  of  individuals  or  the  general  well- 
being of  the  State. 

Sec.  135.  In  all  elections  for  directors  or  managers  of  a cor- 
poration each  member  or  shareholder  may  cast  the  whole  number 


114 


CONSTITUTION  OF  NORTH  DAKOTA. 


of  Ms  votes  for  one  candidate,  or  distribute  them  upon  two  or 
more  candidates,  as  he  may  prefer. 

Sec.  136.  No  foreign  corporation  shall  do  business  in  this 
State  without  having  one  or  more  places  of  business  and  an 
authorized  agent  or  agents  in  the  same,  upon  whom  process  may 
be  served. 

Sec.  137.  No  corporation  shall  engage  in  any  business  other 
than  that  expressly  authorized  in  its  charter. 

Sec.  138.  No  corporation  shall  issue  stock  or  bonds  except 
for  money,  labor  done,  or  money  or  property  actually  received; 
and  all  fictitious  increase  of  stock  or  indebtedness  shall  be 
void. 

The  stock  and  indebtedness  of  corporations  shall  not  be  in- 
creased except  in  pursuance  of  general  law,  nor  without  the 
consent  of  the  persons  holding  the  larger  amount  in  value  of 
the  stock  first  obtained  at  a meeting  to  be  held  after  sixty  days^ 
notice,  given  in  pursuance  of  law. 

Sec.  139.  No  law  shall  be  passed  by  the  legislative  assembly 
granting  the  right  to  construct  and  operate  a street  railroad, 
telegraph,  telephone  or  electric  light  plant  within  any  city, 
town  or  incorporated  village,  without  requiring  the  consent  of 
the  local  authorities  having  the  control  of  the  street  or  highway 
proposed  to  be  occupied  for  such  purposes. 

Sec.  140.  Every  railroad  corporation  organized  and  doing 
business  in  this  State,  under  the  laws  or  authority  thereof,  shall 
have  and  maintain  a public  office  or  place  in  the  State  for  the 
transaction  of  its  business,  where  transfers  of  its  stock  shall  be 
made,  and  in  which  shall  be  kept  for  public  inspection  books  in 
which  shall  be  recorded  the  amount  of  capital  stock  subscribed, 
and  by  whom;  the  names  of  the  owners  of  its  stock  and  the 
amount  owned  by  them  respectively;  the  amount  of  stock  paid 
in  and  by  whom,  and  the  transfers  of  said  stock;  the  amount  of 
its  assets  and  liabilities,  and  the  names  and  place  of  residence 
of  its*  officers.  The  directors  of  every  railroad  corporation  shall 
annually  make  a report,  under  oath,  to  the  auditor  of  public 
accounts,  or  some  officer  or  officers  to  be  designated  by  law,  of 
all  their  acts  and  doings,  which  report  shall  include  such  mat- 
ters relating  to  railroads  as  may  be  prescribed  by  law,  and  the 
legislative  assembly  shall  pass  laws  enforcing  by  suitable  penal- 
ties the  provisions  of  this  section:  Provided,  the  provisions  of 

this  section  shall  not  be  so  construed  as  to  apply  to  foreign 
corporations. 


CONSTITUTION  OF  NORTH  DAKOTA. 


115 


Sec.  141.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation  own- 
ing a parallel  or  competing  line;  and  in  no  case  shall  any  con- 
solidation take  place  except  upon  public  notice  given  at  least 
sixty  days  to  all  stockholders,  in  such  manner  as.  may  be  pro- 
vided by  law.  Any  attempt  to  evade  the  provisions  of  this  sec- 
tion, by  any  railroad  corporation,  by  lease  or  otherwise,  shall 
w'ork  a forfeiture  of  its  charter. 

Sec.  142.  Railways  heretofore  constructed  or  that  may  here- 
after be  constructed  in  this  State,  are  hereby  declared  public 
highways,  and  all  railroad,  sleeping  car,  telegraph,  telephone 
and  transportation  companies  of  passengers,  intelligence  and 
freight,  are  declared  to  be  common  carriers  and  subject  to  leg- 
islative control;  and  the  legislative  assembly  shall  have  power 
to  enact  laws  regulating  and  controlling  the  rates  of  charges  for 
the  transportation  of  passengers,  intelligence  and  freight,  as 
such  common  carriers,  from  one  point  to  another  in  the  State: 
Provided,  that  appeal  may  be  had  to  the  courts  of  this  State 
from  the  rates  so  fixed;  but  the  rates  fixed  by  the  legislative 
assembly  or  board  of  railroad  commissioners  shall  remain  in 
force  pending  the  decision  of  the  courts. 

Sec.  143.  Any  association  or  corporation  organized  for  the 
purpose  shall  have  the  right  to  construct  and  operate  a railroad 
between  any  points  within  the  State,  and  to  connect  at  the 
State  line  with  the  railroads  of  other  States.  Every  railroad 
company  shall  have  the  right  with  its  road  to  intersect,  connect 
with  or  cross  any  other;  and  shall  receive  and  transport  each 
other’s  passengers,  tonnage  and  cars,  loaded  or  empty,  without 
delay  or  discrimination. 

Sec.  144.  The  term  ^^corporation,”  as  used  in  this  article, 
shall  not  be  understod  as  embracing  municipalities  or  political 
divisions  of  the  State,  unless  otherwise  expressly  stated,  but  it 
shall  be  held  and  construed  to  include  all  associations  and  joint 
stock  companies  having  any  of  the  powers  or  privileges  of  cor- 
porations not  possessed  by  individuals  or  partnerships. 

Sec.  145.  If  a general  banking  law  be  enacted,  it  shall  pro- 
vide for  the  registry  and  countersigning  by  an  officer  of  the 
State,  of  all  notes  or  bills  designed  for  circulation,  and  that 
ample  security  to  the  full  amount  thereof  shall  be  deposited  with 
the  State  Treasurer  for  the  redemption  of  such  notes  or  bills. 


116 


CONSTITUTION  OF  NORTH  DAKOTA. 


Sec.  146.  Any  combination  between  individuals,  corpora- 
tions, associations,  or  either,  having  for  its  object  or  effect  the 
controlling  of  the  price  of  any  product  of  the  soil  or  any  article 
of  manufacture  or  commerce,  or  the  cost  of  exchange  or  trans- 
portation, is  prohibited  and  hereby  declared  unlawful  and 
against  public  policy,  and  any  and  all  franchises  heretofore 
granted  or  extended  or  that  may  hereafter  be  granted  or  ex- 
tended in  this  State,  whenever  the  owner  or  owners  thereof 
violate  this  article,  shall  be  deemed  annulled  and  become  void. 

ARTICLE  Vin. 

Education. 

Sec.  147.  A high  degree  of  intelligence,  patriotism,  integrity 
and  morality  on  the  part  of  every  voter  in  a government  by  the 
people  being  necessary  in  order  to  insure  the  continuance  of  that 
government,  and  the  prosperity  and  happiness  of  the  people, 
the  legislative  assembly  shall  make  provisions  for  the  establish- 
ment and  maintenance  of  a system  of  public  schools  which  shall 
be  open  to  all  children  of  the  State  of  North  Dakota,  and  free 
from  sectarian  control.  The  legislative  requirement  shall  be 
irrevocable,  without  the  consent  of  the  United  States  and  the 
people  of  North  Dakota. 

Sec.  148.  The  legislative  assembly  shall  provide  at  its  first 
session  after  the  adoption  of  this  Constitution,  for  a uniform 
system  of  free  public  schools  throughout  the  State;  beginning 
with  the  primary  and  extending  through  all  grades  up  to  and 
including  the  normal  and  collegiate  course. 

Sec.  149.  In  all  schools  instruction  shall  be  given  as  far  as 
practicable  in  those  branches  of  knowledge  that  tend  to  impress 
upon  the  mind  the  vital  importance  of  truthfulness,  temperance, 
purity,  public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracj^,  secure  a reasonable 
degree  of  uniformity  in  course  of  study  and  to  promote  industrial, 
scientific  and  agricultural  improvement. 

Sec.  152.  All  colleges,  universities  and  other  educational  insti- 
tutions, for  the  support  of  which  lands  have  been  granted  to  this 
State,  or  which  are  supported  by  a public  tax,  shall  remain  under 


CONSTITUTION  OF  NORTH  DAKOTA. 


117 


the  absolute  and  exclusive  control  of  the  State.  No  money 
raised  for  the  support  of  the  public  schools  of  the  State  shall  be 
appropriated  to  or  used  for  the  support  of  any  sectarian  school. 

ARTICLE  IX. 

School  and  Public  Lands. 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  hereto- 
fore been,  or  may  hereafter  be  granted  by  the  United  States  for 
the  support  of  the  common  schools  in  this  State;  all  such  per 
centum  as  may  be  granted  by  the  United  States  on  the  sale  of 
public  lands;  the  proceeds  of  property  that  shall  fall  to  the 
State  by  escheat;  the  proceeds  of  all  gifts  and  donations  to  the 
State  for  common  schools,  or  not  otherwise  appropriated  by  the 
terms  of  the  gift,  and  all  other  property  otherwise  acquired  for 
common  schools,  shall  be  and  remain  a perpetual  fund  for  the 
maintenance  of  the  common  schools  of  the  State.  It  shall  be 
deemed  a trust  fund,  the  principal  of  which  shall  forever  remain 
Inviolate  and  may  be  increased,  but  never  diminished.  The  State 
shall  make  good  all  losses  thereof. 

Sec.  151,  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  State  laws,  and  all 
other  sujns  which  may  be  added  thereto  by  law,  shaU  be  faith- 
fully used  and  applied  each  year  for  the  benefit  of  the  common 
schools  of  the  State,  and  shall  be  for  this  purpose  apportioned 
among  and  betw  een  all  the  several  common  school  corporations 
of  the  State  in  proportion  to  the  number  of  children  in  each  of 
school  age,  as  may  be  *fixed  by  law,  and  no  part  of  the  fund  shall 
ever  be  diverted,  even  temporarily,  from  this  purpose,  or  used  for 
any  other  purpose  v/hatever  than  the  maintenance  of  common 
schools  for  the  equal  benefit  of  aU  the  people  of  the  State:  Pro- 
vided, however,  that  if  any  portion  of  the  interest  or  income 
aforesaid  be  not  expended  during  any  year,  said  portion  shall  be 
added  to  and  become  a part  of  the  school  fund. 

Sec.  155.  After  one  year  from  the  assembling  of  the  first 
legislative  assembly,  the  lands  granted  to  the  State  from  the 
United  States  for  the  support  of  the  common  schools,  may  be 
sold  upon  the  following  conditions,  and  no  other:  No  more  than 
one-fourth  of  all  such  lands  shall  be  sold  within  the  first  five 
years  after  the  same  become  salable  by  virtue  of  this  section. 
No  more  chan  one-half  of  the  remainder  within  ten  years  after 


118 


CONSTITUTION  OF  NORTH  DAKOTA. 


the  same  become  salable  as  aforesaid.  The  residue  may  be  sold 
at  any  time  after  the  expiration  of  said  ten  years.  The  legisla- 
tive assembly  shall  provide  for  the  sale  of  ^11  school  lands  sub- 
ject to  the  provisions  of  this  article.  The  coal  lands  of  the  State 
shall  never  be  sold,  but  the  legislative  assembly  may  by  general 
law  provide  for  leasing  the  same;  the  words  ^^coal  lands”  shall 
include  lands  bearing  lignite  coal. 

Sec.  15G.  The  Superintendent  of  Public  Instruction,  Gov- 
ernor, Attorney-General,  Secretary  of  State  and  State  Auditor 
shall  constitute  a board  of  commissioners,  Avhich  shall  be  denomi- 
nated the  “Board  of  University  and  School  Lands,”  and  subject 
to  the  provisions  of  this  article  and  any  law  that  may  be  passed 
by  the  legislative  assembly,  said  board  shall  have  control  of  the 
appraisement,  sale,  rental  and  disposal  of  all  school  and  univer- 
sity lands,  and  shall  direct  the  investment  of  the  funds  arising 
therefrom  in  the  hands  of  the  State  Treasurer,  under  the  limita- 
tions of  section  160  of  this'  article. 

Sec.  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor,  shall  con- 
stitute boards  of  appraisal,  and  under  the  authority  of  the  State 
Board  of  University  and  School  Lands,  shall  appraise  all  school 
lands  within  their  respective  counties,  which  they  may  from 
time  to  time  recommend  for  sale  at  their  actual  value,  under  the 
prescribed  terms,  and  shall  first  select  and  designate  for  sale 
the  most  valuable  lands. 

Sec.  158.  No  land  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The  pur- 
chaser shall  pay  one-fifth  of  the  price  in  cash,  and  the  remaining 
four-fifths  as  follows:  One-fifth  in  five  years,  one-fifth  in  ten 
years,  one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with 
interest  at  the  rate  of  not  less  than  six  per  centum,  payable 
annually  in  advance.  All  sales  shall  be  held  at  the  county  seat 
of  the  county  in  which  the  land  to  be  sold  is  situate,  and  shall  be 
at  public  auction,  and  to  the  highest  bidder,  after  sixty  days^ 
advertisement  of  the  same  in  a newspaper  of  general  circulation 
in  the  vicinity  of  the  lands  to  be  sold,  and  one  at  the  seat  of  gov- 
ernment. Such  lands  as  shall  not  have  been  specially  subdivided 
shall  be  offered  in  tracts  of  one-quarter  section,  and  those  so 
subdivided  in  the  smallest  subdivision.  All  lands  designated  for 
sale  and  not  sold  within  two  years  after  appraisal  shall  be  reap- 


CONSTITUTION  OF  NORTH  DAKOTA. 


119 


praised  before  they  are  sold.  No  grant  or  patent  for  any  such 
lands  shall  issue  until  payment  is  made  for  the  same:  Provided, 
that  the  lands  contracted  to  be  sold  by  the  State  shall  be  subject 
to  taxation  from  the  date  of  such  contract.  In  case  the  taxes 
assessed  against  any  of  said  lands  for  any  year  remain  unpaid 
until  the  first  Monday  in  October  of  the  following  year,  then  and 
thereupon  the  contract  of  sale  for  such  lands  shall  become  null 
and  void. 

Sec.  159.  All  land,  money  or  other  property  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a uni- 
versity, school  of  mines,  reform  school,  agricultural  college,  deaf 
and  dumb  asylum,  normal  school  or  other  educational  or  chari- 
table institution  or  purpose,  and  the  proceeds  of  all  such  lands 
and  other  property  so  received  from  any  source,  shall  be  and 
remain  perpetual  funds,  the  interest  and  income  of  which, 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific 
objects  of  the  original  grants  or  gifts.  The  principal  of  every 
such  fund  may  be  increased,  but  shall  never  be  diminished,  and 
the  interest  and  income  only  shall  be  used.  Every  fund  shall  be 
deemed  a trust  fund  held  by  the  State,  and  the  State  shall  make 
good  all  losses  thereof. 

Sec.  160.  All  land  mentioned  in  the  preceding  section  shall 
be  appraised  and  sold  in  the  same  manner  and  under  the  same 
limitations  and  subject  to  all  the  conditions  as  to  price  and  sale 
as  provided  above  for  the  appraisal  and  sale  of  lands  for  the 
benefit  of  common  schools;  but  a distinct  and  separate  account 
shall  be  kept  by  the  proper  officers  of  each  of  said  funds:  Pro- 
vided that  the  limitations  as  to  the  time  in  which  school  land 
may  be  sold  shall  apply  only  to  lands  granted  for  the  support  of 
common  schools. 

Sec.  161.  The  legislativ^e  assembly  shall  have  authority  to 
provide  by  law  for  the  leasing  of  lands  granted  to  the  State  for 
educational  and  charitable  purposes;  but  no  such  law  shall 
authorize  the  leasing  of  said  lands  for  a longer  period  than  five 
years.  Said  lands  shall  only  be  leased  for  pasturage  and  meadow 
purposes  and  at  a public  auction  after  notice  as  heretofore  pro- 
vided in  case  of  sale : Provided,  that  all  of  said  school  lands  now 
under  cultivation  may  be  leased  at  the  discretion  and  under  the 
control  of  the  Board  of  University  and  School  Lands,  for  other 


120 


CONSTITUTION  OF  NOKTH  DAKOTA. 


tlian  pasturage  and  meadow  purposes  until  sold.  All  rents  shall 
be  paid  in  advance. 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  only  in  bonds  of  school  cor- 
porations within  the  State,  bonds  of  the  United  States,  bonds  of 
the  State  of  North  Dakota,  or  in  first  mortgages  on  farm  lands 
in  the  State,  not  exceeding  in  amount  one-third  of  the  actual 
value  of  any  subdivision  on  which  the  same  may  be  loaned,  such 
value  to  be  determined  by  the  board  of  appraisers  of  school  lands. 

Sec.  163.  No  law  shall  ever  be  passed  by  the  legislative 
assembly  granting  to  any  person,  corporation  or  association  any 
pri\ileges  by  reason  of  the  occupation,  cultivation  or  improve- 
ment of  any  public  lands  by  said  person,  corporation  or  associa- 
tion subsecpient  to  the  survey  thereof  by  the  general  govern- 
ment. No  claim  for  the  occupation,  cultivation  or  improvement 
of  any  public  lands  shall  ever  be  recognized,  nor  shall  such  oc- 
cupation, cultivation  or  improvement  of  any  public  lands  ever  be 
used  to  diminish  either  directly  or  indirectly  the  purchase-price 
of  said  lands. 

Sec.  164.  The  legislative  assembly  shall  have  authority  to 
• provide  by  law  for  the  sale  or  disposal  of  all  public  lands  that 
have  been  heretofore  or  may  hereafter  be  granted  by  the  United 
States  to  the  State  for  purposes  other  than  set  forth  and  named 
in  sections  153  and  159  of  this  article.  And  the  legislative  assem- 
bly, in  providing  for  the  appraisement,  sale,  rental  and  disposal 
of  the  same  shall  not  be  subject  to  the  provisions  and  limitations 
of  this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws 
for  the  safe-keeping,  transfer  and  disbursement  of  the  State 
school  funds;  and  shall  require  all  officers  charged  with  the 
same  or  the  safe-keeping  thereof  to  give  ample  bonds  for  all 
moneys  and  funds  received  by  them,  and  if  any  of  said  officers 
shall  convert  to  his  own  use  in  any  manner  or  form,  or  shall 
loan  with  or  without  interest  or  shall  deposit  in  his  own  name, 
or  otherwise  than  in  the  name  of  the  State  of  North  Dakota,  or 
shall  deposit  in  any  banks  or  with  any  person  or  persons,  or 
exchange  for  other  funds  or  property  any  portion  of  the  school 
funds  aforesaid,  or  purposely  allow  any  portion  of  the  same  to 
remain  in  his  own  hands  uninvested  except  in  the  manner  pre- 
scribed by  law,  every  such  act  shall  constitute  an  embezzlement 
of  so  much  of  the  aforesaid  school  funds  as  shall  be  thus  taken 


CONSTITUTION  OF  NOKTH  DAKOTA. 


121 


or  loaned,  or  deposited,  or  exchanged,  or  withheld,  and  shall  be 
a felony;  and  any  failure  to  pay  over,  produce  or  account  for, 
the  State  school  funds  or  any  part  of  the  same  intrusted  to  any 
such  officer,  as  by  law  required  or  demanded,  shall  be  held  and 
be  taken  to  be  prima  facie  evidence  of  such  embezzlement. 

ARTICLE  X. 

County  and  Twjynship  (Jrganization. 

Sec.  166.  The  several  counties  in  the  Territory  of  Dakota 
lying  north  of  the  seventh  standard  parallel,  as  they  now  exist, 
are  hereby  declared  to  be  counties  of  the  State  of  North  Dakota. 

Sec.  167.  The  legislative  assembly  shall  provide  by  general 
law  for  organizing  new’  counties,  locating  the  county  seats 
thereof  temporarily,  and  changing  county  lines;  but  no  new 
county  shall  be  organized,  nor  shall  any  organized  county  be  so 
reduced  as  to  include  an  area  of  less  than  twenty-four  congres- 
sional townships,  and  containing  a population  of  less  than  1,000 
bona  fide  inhabitants.  And  in  the  organization  of  new  counties 
and  in  changing  the  lines  of  organized  counties  and  boundaries 
of  congressional  townships,  natural  boundaries  shall  be  observed 
as  nearly  as  may  be. 

Sec.  168.  All  changes  in  the  boundaries  of  organized  counties 
before  taking  effect  shall  be  submitted  to  the  electors  of  the 
county  or  counties  to  be  affected  thereby,  at  a general  election, 
and  be  adopted  by  a majority  of  aU  the  legal  votes  cast  in  each 
county  at  such  election;  and  in  case  any  portion  of  an  organized 
county  is  stricken  off  and  added  to  another,  the  county  to  which 
such  portion  is  added  shall  assume  and  be  holden  for  an  equit- 
able proportion  of  the  indebtedness  of  the  county  so  reduced. 

Sec.  169.  The  legislative  assembly  shall  provide  by  general 
law  for  changing  county  seats  in  organized  counties,  but  it  shall 
have  no  power  to  remove  the  county  seat  of  any  organized  county. 

Sec.  170.  The  legislative  assembly  shall  provide  by  general 
law  for  township  organization  under  which  any  county  may 
organize  whenever  a majority  of  all  the  legal  voters  of  such 
county,  voting  at  a general  election,  shall  so  determine;  and 
whenever  any  county  shall  adopt  township  organization,  so 
much  of  this  Constitution  as  provides  for  the  management  of  the 
fiscal  concerns  of  said  county  by  the  board  of  county  commis- 
sioners may  be  dispensed  with  by  a majority  vote  of  the  people 


122 


CONSTITUTION  OF  NORTH  DAKOTA. 


voting  at  any  general  election;  and  the  affairs  of  said  county 
may  be  transacted  by  the  chairman  of  the  several  township 
boards  of  said  county,  and  such  others  as  may  be  provided  by  law 
for  incorporated  cities,  towns  or  villages  within  such  county. 

Sec.  171.  In  any  county  that  shall  have  adopted  a system  of 
government  by  the  chairmen  of  the  several  township  boards,  the 
question  of  continuing  the  same  may  be  submitted  to  the  elec- 
tors of  such  county  at  a general  election  in  such  a manner  as  may 
be  provided  by  law,  and  if  a majority  of  all  the  votes  cast  upon 
such  question  shall  be  against  said  system  of  government,  then 
such  system  shall  cease  in  said  county,  and  the  affairs  of  said 
county  shall  then  be  transacted  by  a board  of  county  commis- 
sioners, as  is  now  provided  by  the  laws  of  the  Territory  of 
Dakota. 

Sec.  172.  Until  the  system  of  county  government  by  the  chair- 
men of  the  several  township  boards  is  adopted  by  any  county  the 
fiscal  affairs  of  said  county  shall  be  transacted  by  a board  of 
county  commissioners.  Said  board  shall  consist  of  not  less  than 
three  and  not  more  than  five  members,  whose  term  of  office  shall 
be  prescribed  by  law.  Said  board  shall  hold  sessions  for  the 
transaction  of  county  business  as  shall  be  provided  by  law. 

Sec.  173.  At  the  first  general  election  held  after  the  adoption 
of  this  Constitution,  and  every  two  years  thereafter,  there  shall 
be  elected  in  each  organized  county  in  the  State  a county  judge, 
clerk  of  court,  register  of  deeds,  county  auditor,  treasurer,  sheriff 
and  State’s  attorney,  who  shall  be  electors  of  the  county  in  which 
they  are  elected  and  who  shall  hold  their  office  until  their  suc- 
cessors are  elected  and  qualified.  The  legislative  assembly  shall 
provide  by  law  for  such  other  county,  township  and  district 
officers  as  may  be  deemed  necessary,  and  shall  prescribe  the 
duties  and  compensation  of  all  county,  township  and  district 
officers.  The  sheriff  and  treasurer  of  any  county  shall  not  hold 
their  respective  offices  for  more  than  four  years  in  succession. 

ARTICLE  XI  i 

Revenue  omd  Taxation. 

Sec.  174.  The  Legislative  Assembly  shall  provide  for  raising 
revenue  sufficient  to  defray  the  expenses  of  the  State  for  each 
year,  not  to  exceed  in  any  one  year  four  (4)  mills  on  the  dollar 
of  the  assessed  valuation  of  all  taxable  property  in  the  State,  to 


CONSTITUTION  OF  NOETH  DAKOTA. 


123 


be  ascertained  by  the  last  assessment  made  for  State  and  county 
purposes,  and  also  a sufficient  sum  to  pay  the  interest  on  the 
State  debt. 

Sec.  175.  No  tax  shall  be  levied  except  in  pursuance  of  law, 
and  every  law  imposing  a tax  shall  state  distinctly  the  object 
of  the  same,  to  which  only  it  shall  be  applied. 

Sec.  176.  Laws  shall  be  passed  taxing  by  uniform  rule  all 
property  according  to  its  true  value  in  money,  but  the  property 
of  the  United  States,  and  the  State,  county  and  municipal  cor- 
porations, both  real  and  personal,  shall  be  exempt  from  taxation, 
and  the  legislative  assembly  shall  by  a general  law  exempt  from 
taxation  property  used  exclusively  for  school,  religious,  ceme- 
tery or  charitable  purposes,  and  personal  property  to  any  amount 
not  exceeding  in  value  |200  for  each  individual  liable  to  taxa- 
tion; but  the  legislative  assembly  may,  by  law,  provide  for  the 
payment  of  a per  centum  of  gross  earnings  of  railroad  companies 
to  be  paid  in  lieu  of  all  State,  county,  township  and  school  taxes 
on  property  exclusively  used  in  and  about  the  prosecution  of  the 
business  of  such  companies  as  common  carriers,  but  no  real 
estate  of  said  corporations  shaU  be  exempted  from  taxation  in 
the  same  manner  and  on  the  same  basis  as  other  real  estate  is 
taxed,  except  roadbed,  right  of  waj",  shops  and  buildings  used 
exclusively  in  their  business  as  common  carriers;  and  whenever 
and  so  long  as  such  law  providing  for  the  payment  of  a per 
centum  on  earnings  shall  be  in  force,  that  part  of  section  179 
of  this  article  relating  to  assessments  of  railroad  property  shall 
cease  to  be  in  force. 

Sec.  177.  All  improvements  on  land  shall  be  assessed  in 
accordance  with  section  179,  but  plowing  shaU  not  be  considered 
as  an  improvement  or  add  to  the  value  of  land  for  the  purpose  of 
assessment. 

Sec.  178.  The  power  of  taxation  shall  never  be  surrendered 
or  suspended  by  any  grant  or  contract  to  which  the  State  or  any 
county  or  other  municipal  corporation  shall  be  a party. 

Sec.  179.  All  pro23erty,  except  as  hereinafter  in  this  section 
provided,  shall  be  assessed  in  the  county,  city,  township,  town, 
village  or  district  in  which  it  is  situated,  in  the  manner  prescribed 
by  law.  The  franchise,  roadw^ay,  roadbed,  rails  and  rolling  stock 
of  all  railroads  operated  in  this  State  shall  be  assessed  by  the 
State  Board  of  Equalization  at  their  actual  value,  and  such 


CONSTITUTION  OF  NOKTH  DAKOTA. 


124 

assessed  valuation  shall  be  apportioned  to  the  counties,  cities, 
towns,  townships  and  districts  in  which  said  roads  are  located, 
as  a basis  for  taxation  of  such  property,  in  proportion  to  the 
number  of  miles  of  railway  laid  in  such  counties,  cities,  towns, 
townships  and  districts. 

Sec.  180.  The  legislative  assembly  may  provide  for  the  levy, 
collection  and  disposition  of  an  annual  poll  tax  of  not  more  than 
one  dollar  and  fifty  cents  (|1.50)  on  every  male  inhabitant  of  this 
State  over  twenty-one  and  under  fifty  years  of  age,  except  pau- 
pers, idiots,  insane  persons  and  Indians  not  taxed. 

Sec.  181.  The  legislative  assembly  shall  pass  all  laws  neces- 
sary to  carry  out  the  provisions  of  this  article. 

, ARTICLE  XII. 

Public  Debt  and  Public  Worlie. 

Sec.  182.  The  State  may,  to  meet  casual  deficits  or  failure  in 
the  revenue,  or  in  case  of  extraordinary  emergencies,  contract 
debts,  but  such  debts  shall  never  in  the  aggregate  exceed  the 
sum  of  |200,000,  exclusive  of  what  may  be  the  debt  of  North 
Dakota  at  the  time  of  the  adoption  of  this  Constitution.  Every 
such  debt  shall  be  authorized  by  law  for  certain  purposes  to 
be  definitely  mentioned  therein,  and  every  such  law  shall  provide 
for  levying  an  annual  tax  sufficient  to  pay  the  interest  semi- 
annually, and  the  principal  within  thirty  years  from  the  pas- 
sage of  such  law,  and  shall  specially  appropriate  the  proceeds  of 
such  tax  to  the  payment  of  said  principal  and  interest,  and  such 
appropriation  shall  not  be  repealed  nor  the  tax  discontinued 
until  such  debt,  both  principal  and  interest,  shall  have  been  fully 
paid.  No  debt  in  excess  of  the  limit  named  shall  be  incurred, 
except  for  the  purpose  repelling  invasion,  suppressing  insur- 
rection, defending  the  State  in  time  of  war,  or  to  provide  for 
public  defense  in  case  of  threatened  hostilities;  but  the  issuing  of 
new  bonds  to  refund  existing  indebtness  shall  not  be  construed 
to  be  any  part  or  portion  of  said  |200,000. 

Sec.  183.  The  debt  of  any  county,  township,  town,  school  dis- 
trict, or  any  other  political  subdivision,  shall  never  exceed  five 
(5)  per  centum  upon  the  assessed  value  of  the  taxable  property 
therein;  Provided,  that  any  incorporated  city  may,  by  a two- 
thirds  vote,  increase  such  indebtedness  three  (3)  per  centum  on 
such  assessed  value  beyond  said  five  (5)  per  centum  limit.  In 


CONSTITUTION  OF  NORTH  DAKOTA. 


125 


estimating  the  indebtedness  which  a city,  county,  township, 
school  district  or  any  other  political  subdivision  may  incur,  the 
entire  amount  of  existing  indebtedness,  whether  contracted  prior 
or  subsequent  to  the  adoption  of  this  Constitution,  shall  be  in- 
cluded : Provided  further,  that  any  incorporated  city  may  become 
indebted  in  any  amount  not  exceeding  four  (4)  per  centum  on 
such  assessed  value  without  regard  to  the  existing  indebtedness 
of  such  city,  for  the  purpose  of  constructing  or  purchasing  water- 
works for  furnishing  a sux)ply  of  water  to  the  inhabitants  of  such 
city,  or  for  the  purpose  of  constructing  sewers,  and  for  no  other 
purpose  whatever.  All  bonds  or  obligations  in  excess  of  the 
amount  of  indebtedness  permitted  by  this  Constitution,  given 
by  any  city,  county,  township,  town,  school  district,  or  any  other 
political  subdivision,  shall  be  void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at 
or  before  the  time  of  so  doing,  provide  for  the  collection  of  an 
anual  tax  sufficient  to  pay  the  interest  and  also  the  principal 
thereof  when  due,  and  all  laws  or  ordinances  providing  for  the 
payment  of  the  interest  or  principal  of  any  debt  shall  be  irre- 
pealable  until  such  debt  be  paid. 

Sec.  185.  Neither  the  State  or  any  county,  city,  township, 
town,  school  district  or  any  other  political  subdivision  shall  loan 
or  give  its  credit  or  make  donations  to  or  in  aid  of  any  individnal, 
association  or  corporation,  except  for  necessary  support  of  the 
poor,  nor  subscribe  to  or  become  the  owner  of  the  capital  stock 
of  any  association  or  corporation,  nor  shall  the  State  engage  in 
any  work  of  internal  improvement  unless  authorized  by  a two- 
thirds  vote  of  the  people. 

Sec.  186.  No  money  shall  be  paid  out  of  the  State  treasury 
except  upon  appropriation  by  law  and  on  warrant  drawn  by 
the  proper  officer,  and  no  bills,  claims,  accounts  or  demands 
against  the  State,  or  any  county  or  other  political  subdivision, 
shall  be  audited,  allowed  or  paid  until  a full  itemized  statement 
in  writing  shall  be  filed  with  the  officer  or  officers  whose  duty  it 
may  be  to  audit  the  same. 

Sec.  187.  No  bond  or  evidence  of  indebtedness  of  the  State 
shall  be  valid  unless  the  same  shall  have  indorsed  thereon  a 
certificate,  signed  by  the  auditor  and  Secretary  of  State,  that  the 
bond  or  evidence  of  debt  is  issued  pursuant  to  law  and  is  within 


126 


CONSTITUTION  OF  NORTH  DAKOTA. 


the  debt  limit.  No  bond  or  evidence  of  debt  of  any  county,  or 
bond  of  any  township  or  other  political  subdivision  shall  be 
valid  unless  the  same  have  indorsed  thereon  a certificate  signed 
by  the  county  auditor,  or  other  officer  authorized  by  law  to  sign 
such  certificate,  stating  that  said  bond,  or  evidence  of  debt,  is 
issued  pursuant  to  law  and  is  within  the  debt  limit. 

ARTICLE  XIII. 

Militia. 

Sec.  188.  The  militia  of  this  State  shall  consist  of  all  able- 
bodied  male  persons  residing  in  this  State,  between  the  ages  of 
eighteen  and  forty-five  years,  except  such  as  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State.  Persons  whose 
religious  tenets  or  conscientious  scruples  forbid  them  to  bear 
arms  shall  not  be  compelled  to  do  so  in  times  of  peace,  but  shall 
pay  an  equivalent  for  a personal  service. 

Sec.  189.  The  militia  shall  be  enrolled,  organized,  uniformed, 
armed  and  disciplined  in  such  manner  as  shall  be  provided  by 
law,  not  incompatible  with  the  Constitution  or  laws  of  the  United 
States. 

Sec.  190.  The  Legislative  Assembly  shall  provide  by  law  for 
the  establishment  of  volunteer  organizations  of  the  several  arms 
of  the  service,  which  shall  be  classed  as  active  militia,  and  no 
other  organized  body  of  armed  men  shall  be  permitted  to  per- 
form military  duty  in  this  State,  except  the  army  of  the  United 
States,  without  the  proclamation  of  the  Governor  of  the  State. 

I Sec.  191.  All  militia  officers  shall  be  appointed  or  elected  in 
such  a manner  as  the  Legislative  Assembly  shall  provide. 

Sec.  192.  The  commissioned  officers  of  the  militia  shall  be 
commissioned  by  the  Governor,  and  no  commissioned  officer  shall 
be  removed  from  office  except  by  sentence  of  court-martial  pur- 
suant to  law. 

Sec.  193.  The  militia  forces  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  musters,  parades  and  election  of  officers,  and 
in  going  to  and  returning  from  the  same. 

ARTICLE  XIV. 

Impeachment  and  Removal  from  Office. 

Sec.  194.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a majority  of  all 
members  elected  shall  be  necessary  to  an  impeachment. 


CONSTITUTION  OF  NORTH  DAKOTA. 


127 


Sec.  195.  All  impeachments  shall  be  tried  by  the  Senate. 
When  sitting  for  that  purpose  the  Senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  the  law  and  evidence.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  elected.  When  the  Governor  or  Lieutenant-Gov- 
ernor is  on  trial,  the  presiding  judge  of  the  Supreme  Court  shall 
preside. 

Sec.  19(>.  The  Governor  and  other  State  and  judicial  officers, 
except  county  .judges,  justices  of  the  peace  and  police  magis- 
trates, shall  be  liable  to  impeachment  for  habitual  drunkenness, 
crimes,  corrupt  conduct,  or  malfeasance  or  misdemeanor  in  office, 
but  judgment  in  such  cases  shall  not  extend  further  than  re- 
moval from  office  and  disqualification  to  hold  any  office  of  trust 
or  profit  under  the  State.  The  person  accused,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  lialde  to  indictment 
trial,  judgment  and  punishment  according  to  law. 

Sec.  197.  All  officers  not  liable  to  impeachment  shall  be  sub- 
ject to  removal  for  misconduct,  malfeasance,  crime  or  misde- 
meanoi’  in  office,  or  for  habitual  drunkenness  or  gross  incom- 
petency, in  such  manner  as  may  be  provided  by  law. 

Sec.  198.  No  officer  shall  exercise  the  duties  of  his  office  after 
he  shall  have  been  impeached  and  before  Ins  acquittal. 

Sec.  199»  On  trial  of  impeachment  against  the  Governor,  the 
Lieutenant-Governor  shall  not  act  as  a member  of  the  court. 

Sec.  200.  No  person  shall  be  tried  on  impeachment  before  he 
shall  have  been  served  with  a copy  thereof,  at  least  twenty  days 
previous  to  the  day  set  for  trial. 

Sec.  201.  No  ])erson  shall  be  liable  to  impeachment  twice  for 
the  same  offense. 

ARTICLE  XV. 

Future  Amendments, 

Sec.  202.  Any  amendment  or  amendments  to  this  Constitution 
may  be  i)roposed  in  either  House  of  the  Legislative  Assembly, 
and  if  the  same  shall  be  agreed  to  by  a majority  of  the  members 
elected  to  each  of  the  two  Houses,  such  proposed  amendment 
shall  be  entered  on  the  journal  of  the  House  with  the  yeas  and 
nays  taken  thereon,  and  referred  to  the  Legislative  Assembly 
to  be  chosen  at  the  next  general  election,  and  shall  be  published, 
as  provided  by  law,  for  three  months  previous  to  the  time  of 
making  such  choice;  and  if  in  the  Legislative  Assembly  so  next 


128 


CONSTITUTION  OF  NORTH  DAKOTA. 


chosen  as  aforesaid  such  })roposed  amendment  or  amendments 
shall  he  agreed  to  hy  sl  majority  of  all  the  members  elected  to 
each  House,  then  it  shall  be  the  duty  of  the  Legislative  Assembly 
to  submit  such  proj)osed  amendment  or  amendments  to  the  peo- 
ple in  such  manner  and  at  such  time  as  the  Legislative  Assembly 
shall  provide;  and  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments  by  majority  of  the  electors  quali- 
fied to  vote  for  members  of  the  Legislative  Assembly  voting 
thereon,  such  amendment  or  amendments  shall  become  a part 
of  the  Constitution  of  this  State.  If  two  or  more  amendments 
shall  be  submitted  at  the  same  time  they  shall  be  submitted  in 
such  manner  that  the  electors  shall  vote  for  or  against  each  of 
such  amendments  separately. 

ARTICLE  XVI. 

Corny  act  With  the  United  States. 

The  following  article  shall  be  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  this  State: 

Sec.  203.  First — Perfect  toleration  of  religious  sentiment 
shall  be  secured,  and  no  inhabitant  of  this  State  shall  ever  be 
molested  in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 

Second — The  people  inhabiting  this  State  do  agree  and  declare 
that  they  forever  disclaim  all  right  and  title  to  the  unappro- 
priated public  lands  lying  within  rhe  boundaries  thereof,  and  to 
all  lands  lying  within  said  limits  owned  or  held  by  any  Indian 
or  Indian  tribes,  and  that  until  the  title  thereto  shall  have  been 
extinguislied  bj  the  United  States,  the  same  shall  be  and  re- 
main subject  to  the  disposition  of  the  United  States,  and  that 
said  Indian  lands  shall  remain  under  the  absolute  jurisdiction 
and  control  of  the  Congress  of  the  United  States;  that  the  lands 
belonging  to  citizens  of  the  United  States  residing  without  this 
State  shall  never  be  taxed  at  a higher  rate  than  the  lands  be- 
longing to  residents  of  this  State;  that  no  taxes  shall  be  im- 
posed by  this  State  on  lands  or  property  therein  belonging  to, 
or  which  may  hereafter  be  purchased  by  the  United  States,  or 
reserved  for  its  use.  But  nothing  in  this  article  shall  preclude 
this  State  from  taxing  as  other  lands  are  taxed,  any  lands  owned 
or  held  by  any  Indian  who  has  severed  his  tribal  relations,  and 
has  obtained  from  the  United  States,  or  from  any  person,  a title 


CONSTITUTION  OF  NORTH  DAKOTA. 


129 


thereto,  bj  patent  or  other  grant,  save  and  except  such  lands 
as  have  been  or  may  be  granted  to  any  Indian  or  Indians  under 
any  acts  of  Congress  containing  a provision  exempting  the  lands 
thus  granted  from  taxation,  which  last  mentioned  lands  shall  be 
exempt  from  taxation  so  long,  and  to  such  an  extent,  as  is  or  may 
be  provided  in  the  act  of  Congress  granting  the  same. 

Third — In  order  that  payment  of  the  debts  and  liabilities  con- 
tracted or  incurred  by  and  in  behalf  of  the  Territory  of  Dakota 
may  be  justly  and  equitably  provided  for  and  made,  and  in  pur- 
suance of  the  requirements  of  an  act  of  Congress  approved  Feb- 
ruary 22,  1889,  entitled  “ An  act  to  provide  for  the  division  of 
Dakota  into  two  States  and  to  enable  the  people  of  North 
Dakota,  South  Dakota,  Montana  and  Washington  to  form  Con- 
stitutions and  State  governments  and  to  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  States,  and  to  make 
donations  of  public  lands  to  such  States,”  the  States  of  North 
Dakota  and  South  Dakota,  by  proceedings  of  a joint  commission, 
duly  appointed  under  said  act,  the  sessions  whereof  w’ere  held 
at  Bismarck  in  said  State  of  North  Dakota,  from  July  16,  1889,  to 
July  31,  1889,  inclusive,  have  agreed  to  the  following  adjustment 
of  the  amounts  of  the  debts  and  liabilities  of  the  Territory  of 
Dakota,  which  shall  be  assumed  and  X->^nd  by  each  of  the  States 
of  North  Dakota  and  South  Dakota,  respectively,  to  wit: 

This  agreement  shall  take  effect  and  be  in  force  from  and  after 
the  admission  into  the  Union,  as  one  of  the  United  States  of 
America,  of  either  the  State  of  North  Dakota  or  the  State  of 
South  Dakota. 

The  words  State  of  North  Dakota,”  whenever  used  in  this 
agreement,  shall  be  taken  to  mean  the  Territory  of  North  Dakota 
in  case  the  State  of  South  Dakota  shall  be  admitted  into  the 
Union  prior  to  the  admission  into  the  Union  of  the  State  of 
North  Dakota;  and  the  words  State  of  South  Dakota,”  when- 
ever used  in  this  agreement,  shall  be  taken  to  mean  the  Terri- 
tory of  South  Dakota  in  case  the  State  of  North  Dakota  shall  be 
admitted  into  the  Union  prior  to  the  admission  into  the  Union 
of  the  State  of  South  Dakota. 

The  said  State  of  North  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  Territory  of  Dakota  to  provide  funds  for  the  pur- 
chase, construction,  repairs  or  maintenance  of  such  public  insti- 
9 


130 


CONSTITUTION  OF  NOKTH  DAKOTA. 


tutions,  grounds  or  buildings  as  are  located  within  the  bound- 
aries of  North  Dakota,  and  shall  pay  all  warrants  issued  under 
and  by  virtue  of  that  certain  act  of  the  legislative  assembly  of 
the  Territory  of  Dakota,  approved  March  8,  1889,  entitled  ^^An 
act  to  provide  for  the  refunding  of  outstanding  warrants  drawn 
on  the  capitol  building  fund.” 

The  said  State  of  South  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  Territory  of  Dakota  to  provide  funds  for  the  pur- 
chase, construction,  repairs  or  maintenance  of  such  public  insti- 
tutions, grounds  or  buildings  as  are  located  within  the  bound- 
aries of  South  Dakota. 

That  is  to  say:  The  State  of  North  Dakota  shall  assume  and 
pay  the  following  bonds  and  indebtedness,  to  wit: 

Bonds  issued  on  account  of  the  hospital  for  insane  at  James- 
town, North  Dakota,  the  face  aggregate  of  which  is  |266,000; 
also,  bonds  issued  on  account  of  the  North  Dakota  University  at 
Grand  Forks,  North  Dakota,  the  face  aggregate  of  which  is 
196,700;  also,  bonds  issued  on  account  of  the  penitentiary  at  Bis- 
marck, North  Dakota,  the  face  aggregate  of  which  is  |93,600; 
also,  refunding  capitol  building  warrants  dated  April  1,  1889, 
183,507.46. 

And  the  State  of  South  Dakota  shall  assume  and  pay  the  fol- 
lowing bonds  and  indebtedness,  to  wit: 

Bonds  issued  on  account  of  the  hospital  for  the  insane  at 
Yankton,  South  Dakota,  the  face  aggregate  of  which  is  |210,000; 
also,  bonds  issued  on  account  of  the  school  for  deaf  mutes  at 
Sioux  Falls,  South  Dakota,  the  face  aggregate  of  which  is 
151,000;  also,  bonds  issued  on  account  of  the  university  at  Ver- 
million, South  Dakota,  the  face  aggregate  of  which  is  $75,000; 
also,  bonds  issued  on  account  of  the  penitentiary  at  Sioux  FaUs, 
South  Dakota,  the  face  aggregate  of  which  is  |94,300 ; also,  bonds 
issued  on  account  of  the  agricultural  college  at  Brookings,  South 
Dakota,  the  face  aggregate  of  which  is  |97,500 ; also,  bonds  issued 
on  account  of  the  normal  school  at  Madison,  South  Dakota,  the 
face  aggregate  of  which  is  $49,400;  also,  bonds  issued  on  account 
of  the  school  of  mines  at  Rapid  City,  South  Dakota,  the  face 
aggregate  of  which  is  $33,000;  also,  bonds  issued  on  account  of 
the  reform  school  at  Plankinton,  South  Dakota,  the  face  aggre- 
gate of  which  is  $30,000;  also,  bonds  issued  on  account  of  the 
normal  school  at  Spearfish,  South  Dakota,  the  face  aggregate 


CONSTITUTION  OF  NOETH  DAKOTA.  131 

of  which  is  $25,000 ; also,  bonds  issued  on  account  of  the  soldiers’ 
home  at  Hot  Springs,  South  Dakota,  the  face  aggregate 
of  which  is  |4o,000.  ^ 

The  States  of  North  Dakota  and  South  Dakota  shall  pay  one- 
half  each  of  all  liabilities  now  existing  or  hereafter  and  prior  to 
the  taking  effect  of  this  agreement  incurred,  except  those  here- 
tofore or  hereafter  incurred  on  account  of  public  institutions 
grounds  or  buildings,  except  as  otherwise  herein  specifically  pro- 

r,  State  of  North 

Dakota  146,500,  on  account  of  the  excess  of  territorial  appropria- 
tions for  the  permanent  improvement  of  territorial  institutions 
which  under  this  agreement  will  go  to  South  Dakota,  and  in  full 
of  the  undivided  one-half  interest  of  North  Dakota  in  the  terri- 
toria  library,  and  in  full  settlement  of  unbalanced  accounts,  and 
of  all  c aims  against  the  territory,  of  whatever  nature,  legal  or 
equitable,  arising  out  of  the  alleged  erroneous  or  unlawful  taxa- 
tion of  Northern  Pacific  railroad  lands,  and  the  pavment  of  said 
amount  shaU  discharge  and  exempt  the  State  of  South  Dakota 
rom  all  liabilities  for  or  on  account  of  the  several  matters  herein- 
before referred  to;  nor  shall  either  State  be  called  upon  to  pav 
or  answer  to  any  portion  of  liabilities  hereafter  arising  or  accru- 
mg  on  account  of  transactions  heretofore  had,  which  liabUity 
would  be  a liability  of  the  Territory  of  Dakota  had  such  territor^ 
remained  in  existence,  and  which  liability  shall  grow  out  of  maU 
ers  connected  with  any  public  institutions,  grounds  or  buildings 

other  Stete  '^  boundaries  of  the 

in^b!“- ^ the  follow- 

account  of  te  ?r 

withte  its  b r Institutions,  grounds  or  buildings  located 
ithin  Its  boundaries  on  account  of  the  current  appropriations 

ce  March  9,  1889,  and  South  Dakota  shall  be  charged  with  all 

lo^teS  wtr  institutions,  grounds  or  buildings 

i’nuudanes  on  the  same  account  and  during  the 

SpenseTof  ^itb  one-half  of  all  other 

f treasury  during  the  period  from  March 

countv ’mnniri  1^*^  agreement  bv  any 

ounty,  municipality  or  person  within  the  limits  of  the  proposed 


132 


CONSTITUTION  OF  NOKTH  DAKOTA. 


State  of  North  Dakota  shall  he  credited  to  the  State  of  North 
Dakota;  and  all  sums  paid  ihto  said  treasury  within  the  same 
time  by  any  county,  municipality  or  person  within  the  limits  of 
the  proposed  State  of  South  Dakota  shall  be  credited  to  the  State 
of  South  Dakota ; except  that  any  and  all  taxes  on  gross  earnings 
paid  into  said  treasury  by  railroad  corporations  since  the  eighth 
day  of  March,  1889,  based  upon  earnings  of  years  prior  to  1888, 
under  and  by  virtue  of  the  act  of  the  legislative  assembly  of  the 
Territory  of  Dakota,  approved  March  7,  1889,  and  entitled  ‘^An 
act  providing  for  the  levy  and  collection  of  taxes  upon  property 
of  railroad  companies  in  this  territory,”  being  chapter  107  of 
the  session  laws  of  1889  (that  is,  the  part  of  such  sums  going  to 
the  territory),  shall  be  equally  divided  between  the  States  of 
North  Dakota  and  South  Dakota,  and  all  taxes  heretofore  or 
hereafter  paid  into  said  treasury  under  and  by  virtue  of  the  act 
last  mentioned,  based  on  the  gross  earnings  of  the  year  1888,  shall 
be  distributed  as  already  provided  by  law,  except  that  so  much 
thereof  as  goes  to  the  territorial  treasurer  shall  be  divided  as  fol- 
lows: North  Dakota  shall  have  so  much  thereof  as  shall  be  or 
has  been  paid  by  railroads  within  the  limits  of  the  proposed 
State  of  North  Dakota,  and  South  Dakota  so  much  thereof  as 
shall  be  or  has  been  paid  by  railroads  within  the  limits  of  the 
proposed  State  of  South  Dakota;  each  State  shall  be  credited 
also  with  all  balances  of  appropriations  made  by  the  seventeenth 
legislative  assembly  of  the  Territory  of  Dakota  for  the  account 
of  the  public  institutions,  grounds  or  buildings  situated  within 
its  limits,  remaining  unexpended  on  March  8,  1889.  If  there 
shall  be  any  indebtedness  except  the  indebtedness  represented 
by  the  bonds  and  refunding  warrants  hereinbefore  mentioned, 
each  State  shall  at  the  time  of  such  final  adjustment  of  accounts 
assume  its  share  of  said  indebtedness  as  determined  by  the 
amount  paid  on  account  of  the  public  institutions,  grounds  or 
building  of  such  State  in  excess  of  the  receipts  from 
counties,  municipalities,  railroad  corporations  or  persons  within 
the  limits  of  said  State,  as  provided  in  this  article;  and  if  there 
should  be  a surplus  at  the  time  of  such  final  adjustment,  each 
State  shall  be  entitled  to  the  amounts  received  from  coun- 
ties, municipalities,  railroad  corporations  or  persons  within 
its  limits  over  and  above  the  amount  charged  it.  And  the 
State  of  North  Dakota  hereby  obligates  itself  to  pay  such  part 


CONSTITUTION  OF  NORTH  DAKOTA. 


133 


of  the  debts  and  liabilities  of  the  Territory  of  * Dakota 
as  is  declared  by  the  foregoing  agreement  to  be  its  proportion 
thereof,  the  same  as  if  such  proportion  had  been  originally  cre- 
ated by  said  State  of  North  Dakota  as  its  own  debt  or  liability. 

Sec.  204.  Jurisdiction  is  ceded  to  the  United  States  over  the 
military  reservations  of  Fort  Abraham  Lincoln,  Fort  Buford,  Fort 
Pembina  and  Fort  Totten,  heretofore  declared  by  the  President 
of  the  United  States:  Provided,  legal  process,  civil  and  criminal, 
of  this  State,  shall  extend  over  such  reservations  in  all  cases  in 
which  exclusive  jurisdiction  is  not  vested  in  the  United  States, 
or  of  crimes  not  committed  within  the  limits  of  such  reservations. 

Sec.  205.  The  State  of  North  Dakota  hereby  accepts  the  sev- 
eral grants  of  land  granted  by  the  United  States  to  the  State  of 
North  Dakota  by  an  act  of  Congress,  entitled  An  act  to  provide 
for  the  division  of  Dakota  into  two  States,  and  to  enable  the 
people  of  North  Dakota,  South  Dakota,  Montana  and  Washing- 
ton to  form  Constitutions  and  State  governments,  and  to  be 
admitted  into  the  Union  on  an  equal  footing  with  the  original 
States,  and  to  make  donations  of  public  lands  to  such  States,” 
under  the  conditions  and  limitations  therein  mentioned;  reserv- 
ing the  right,  however,  to  apply  to  Congress  for  modifications  of 
said  conditions  and  limitations  in  case  of  necessity. 

ARTICLE  XVn. 

Miscellaneous. 

Sec.  206.  The  name  of  this  State  shall  be  “North  Dakota.” 
The  State  of  North  Dakota  shall  consist  of  all  the  territory 
included  within  the  following  boundaries,  to  wit:  Commencing 

at  a point  in  the  main  channel  of  the  Red  River  of  the  North, 
where  the  forty-ninth  degree  of  north  latitude  crosses  the  same; 
thence  south  up  the  main  channel  of  the  same  and  along  the 
boundary  line  of  the  State  of  Minnesota  to  a point  where  the 
seventh  standard  parallel  intersects  the  same ; thence  west  along 
said  seventh  standard  parallel  produced  due  west  to  a point 
where  it  intersects  the  twenty-seventh  meridian  of  longitude 
west  from  Washington;  thence  north  on  said  meridian  to  a point 
where  it  intersects  the  forty-ninth  degree  of  north  latitude; 
thence  east  along  said  line  to  place  of  beginning. 

Sec.  207.  The  following  described  seal  is  hereby  declared  to 
be  and  hereby  constituted  the  great  seal  of  the  State  of  North 


134 


CONSTITUTION  OF  NOKTH  DAKOTA. 


Dakota,  to  wit:  A tree  in  the  open  field,  the  trunk  of  which  is 

surrounded  by  three  bundles  of  wheat;  on  the  right  a plow,  anvil 
and  sledge;  on  the  left  a bow  crossed  with  three  arrows,  and  an 
Indian  on  horseback  pursuing  a buffalo  towards  the  setting  sun; 
the  foliage  of  the  tree  arched  by  a half  circle  of  forty-two  stars, 
surrounded  by  the  motto  ^‘Liberty  and  Union  now  and  forever, 
one  and  inseparable;’’  the  words  “Great  Seal”  at  the  top;  the 
words  “ State  of  North  Dakota”  at  the  bottom;  “October  1st”  on 
the  left  and  “ 1889  ” on  the  right.  The  seal  to  be  two  and  one- 
half  inches  in  diameter. 

Sec.  208.  The  right  of  the  debtor  to  enjoy  the  comforts  and 
necessaries  of  life  shall  be  recognized  by  wholesome  laws  exempt- 
ing from  forced  sale  to  all  heads  of  families  a homestead,  the 
value  of  which  shall  be  limited  and  defined  by  law,  and  a reason- 
able amount  of  personal  property;  the  kind  and  value  shall  be 
fixed  by  law.  This  section  shall  not  be  construed  to  prevent  liens 
against  the  homestead  for  labor  done  and  materials  furnished 
in  the  improvement  thereof,  in  such  manner  as  may  be  prescribed 
by  law. 

Sec.  209.  The  labor  of  children  under  twelve  years  of  age  shall 
be  prohibited  in  mines,  factories  and  w^orkshops  in  this  State. 

Sec.  210.  All  flowing  streams  and  natural  water-courses  shall 
forever  remain  the  property  of  the  State  for  mining,  irrigating 
and  manufacturing  purposes. 

Sec.  211.  Members  of  the  legislative  assembly  and  judicial 
department,  except  such  inferior  officers  as  may  be  by  law 
exempted,  shall,  before  they  enter  on  the  duties  of  their  respec- 
tive offices,  take  and  subscribe  the  following  oath  or  affirmation: 
“I  do  solemnly  swear  (or  affirm  as  the  case  may  be)  that  I will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  North  Dakota;  and  that  I will  faithfully  dis- 
charge the  duties  of  the  office  of according  to  the  best  of 

my  ability,  so  help  me  God  ” (if  an  oath)  (“  under  pains  and  pen- 
alties of  perjury,”  if  an  affirmation),  and  no  other  oath,  declara- 
tion or  test  shall  be  required  as  a qualification  for  any  office  or 
public  trust. 

Sec.  212.  The  exchange  of  “ black  lists  ” between  corporations 
shall  be  prohibited. 

Sec.  213.  The  real  and  personal  property  of  any  woman  in 
this  State,  acquired  before  marriage,  and  all  property  to  which 


CONSTITUTION  OF  NORTH  DAKOTA. 


135 


she  may  after  marriage  become  in  any  manner  rightfully  entitled, 
shall  be  her  separate  property  and  shall  not  be  liable  for  the  debts 
of  her  husband. 

ARTICLE  XVIII. 

Congressional  and  Legislative  Apportionment. 

Sec.  214.  Until  otherwise  provided  by  law,  the  member  of 
the  House  of  Representatives  of  the  United  States  apportioned 
to  this  State,  shall  be  elected  at  large. 

Until  otherwise  provided  by  law,  the  senatorial  and  representa- 
tive districts  shall  be  formed  and  the  Senators  and  the  Repre- 
sentatives shall  be  apportioned  as  follows: 

The  first  district  shall  consist  of  the  townships  of  Walhalla,  St. 
Joseph,  Neche,  Pembina,  Bathgate,  Carlisle,  Joliet,  Midland,  Lin- 
coln and  Drayton,  in  the  county  of  Pembina,  and  be  entitled  to 
one  Senator  and  two  Representatives. 

The  second  district  shall  consist  of  the  townships  of  St.  Thomas, 
Hamilton,  Cavalier,  Akra,  Beauleau,  Thingvalla,  Gardar,  Park, 
Crystal,  Elora  and  Lodoma,  in  the  county  of  Pembina,  and  be 
entitled  to  one  Senator  and  two  Representatives. 

The  third  district  shall  consist  of  the  townships  of  Perth, 
Latona,  Adams,  Silvesta,  Cleveland,  Morton,  Vesta,  Tiber,  Med- 
ford, Vernon,  Golden,  Lampton,  Eden,  Rushford,  Kensington, 
Dundee,  Ops,  Prairie  Centre,  Fertile,  Park  River  and  Glenwood, 
in  the  county  of  Walsh,  and  be  entitled  to  one  Senator  and  two 
Representatives. 

The  fourth  district  shall  consist  of  the  townships  of  Forest 
River,  Walsh  Centre,  Grafton,  Farmington,  Ardock,  village  of 
Ardock,  Harrison,  city  of  Grafton,  Oakwood,  Martin,  Walsh ville, 
Pulaski,  Acton,  Minto  and  St.  Andrews,  in  the  county  of  Walsh, 
and  be  entitled  to  one  Senator  and  three  Representatives. 

The  fifth  district  shall  consist  of  the  townships  of  Gilby,  Johns- 
town, Straban,  Wheatfield,  Hegton,  Arvilla,  Avon,  Northwood, 
Lind,  Grace,  Larimore  and  the  city  of  Larimore,  Elm  Grove, 
Agnes,  Inkster,  Elkmount,  Oakwood,  Niagara,  Moraine,  Logan 
and  Loretta,  in  the  county  of  Grand  Forks,  and  be  entitled  to 
one  Senator  and  two  Representatives. 

The  sixth  district  shall  consist  of  the  third,  fourth,  fifth  and 
sixth  wards  of  the  city  of  Grand  Forks,  as  now  constituted,  and 
the  townships  of  Falconer,  Harvey,  Turtle  River,  Ferry,  Rye, 


136 


CONSTITUTION  OF  NOKTH  DAKOTA. 


Blooming,  Meckinock,  Lakeville  and  Levant,  in  the  county  of 
Grand  Forks,  and  be  entitled  to  one  Senator  and  two  Repre- 
sentatives. 

The  seventh  district  shall  consist  of  the  first  and  second  wards 
of  the  city  of  Grand  Forks  as  now  constituted,  and  the  townships 
of  Grand  Forks,  Brenna,  Oakville,  Chester,  Pleasant  View,  Fair- 
field,  Allendale,  Walle,  Bentru,  Americas,  Michigan,  Union  and 
Washington,  in  the  county  of  Grand  Forks,  and  be  entitled  to 
one  Senator  and  two  Representatives. 

The  eighth  district  shall  consist  of  the  county  of  Traill,  and  be 
entitled  to  one  Senator  and  four  Representatives. 

The  ninth  district  shall  consist  of  the  township  of  Fargo  and 
the  city  of  Fargo,  in  the  county  of  Cass,  and  the  fractional  town- 
ship number  139,  in  range  48,  and  be  entitled  to  one  Senator  and 
two  Representatives. 

The  tenth  district  shall  consist  of  the  townships  of  Noble, 
Wiser,  Harwood,  Reed,  Barnes,  Stanley,  Pleasant,  Kenyon,  Gard- 
ner, Berlin,  Raymond,  Mapleton,  Warren,  Norman,  Elm  River, 
Harmony,  Durbin,  Addison,  Davenport,  Casselton  and  the  city  of 
Casselton,  in  the  county  of  Cass,  and  be  entitled  to  one  Senator 
and  three  Representatives. 

The  eleventh  district  shall  consist  of  the  townships  of  Webster, 
Rush  River,  Hunter,  Arthur,  Amenia,  Everest,  Maple  River, 
Leonard,  Dows,  Erie,  Empire,  Wheatland,  Gill,  Walburg,  Wat- 
son, Page,  Rich,  Ayr,  Buffalo,  Howes,  Eldrid,  Highland,  Roches- 
ter, Lake,  Cornell,  Tower,  Hill,  Clifton  and  Pontiac,  in  the  county 
of  Cass,  and  be  entitled  to  one  Senator  and  three  Representa- 
tives. 

The  twelfth  district  shall  consist  of  the  county  of  Richland, 
and  be  entitled  to  one  Senator  and  three  Representatives. 

The  thirteenth  district  shall  consist  of  the  county  of  Sargent, 
and  be  entitled  to  one  Senator  and  three  Representatives. 

The  fourteenth  district  shall  consist  of  the  county  of  Ransom, 
and  be  entitled  to  one  Senator  and  two  Representatives. 

The  fifteenth  district  shall  consist  of  the  county  of  Barnes, 
and  be  entitled  to  one  Senator  and  two  Representatives. 

The  sixteenth  district  shall  consist  of  the  counties  of  Steele 
and  Griggs,  and  be  entitled  to  one  Senator  and  two  Representa- 
tives. 

The  seventeenth  district  shall  consist  of  the  county  of  Nelson, 
and  be  entitled  to  one  Senator  and  one  Representative. 


CONSTITUTION  OF  NORTH  DAKOTA. 


137 


The  eighteenth  district  shall  consist  of  the  county  of  Cavalier, 
and  be  entitled  to  one  Senator  and  two  Representatives. 

The  nineteenth  district  shall  consist  of  the  counties  of  Towner 
and  Rolette,  and  be  entitled  to  one  Senator  and  one  Representa- 
tive. ; ‘ i I 1 I i 

The  twentieth  district  shall  consist  of  the  counties  of  Benson 
and  Pierce,  and  be  entitled  to  one  Senator  and  two  Representa- 
tives. , ; I ! I i I 

The  twenty-first  district  shall  consist  of  the  county  of  Ramsey, 
and  be  entitled  to  one  Senator  and  two  Representatives. 

The  twenty-second  district  shall  consist  of  the  counties  of 
Eddy,  Foster  and  Wells,  and  be  entitled  to  one  Senator  and  two 
Representatives. 

The  twenty-third  district  shall  consist  of  the  county  of  Stuts- 
man, and  be  entitled  to  one  Senator  and  two  Representatives. 

The  twenty-fourth  district  shall  consist  of  the  county  of  La 
Moure,  and  be  entitled  to  one  Senator  and  one  Representative. 

The  twenty-fifth  district  shall  consist  of  the  county  of  Dickey, 
and  be  entitled  to  one  Senator  and  two  Representatives. 

The  twenty-sixth  district  shall  consist  of  the  counties  of 
Emmons,  McIntosh,  Logan  and  Kidder,  and  be  entitled  to  one 
Senator  and  two  Representatives. 

The  twenty-seventh  district  shall  consist  of  the  county  of  Bur- 
leigh, and  be  entitled  to  one  Senator  and  two  Representatives. 

The  twenty-eighth  district  shall  consist  of  the  counties  of  Bot- 
tineau and  McHenry,  and  be  entitled  to  one  Senator  and  one 
Representative. 

The  twenty-ninth  district  shall  consist  of  the  counties  of 
W^ard,  McLean  and  all  the  unorganized  counties  lying  north  of 
the  Missouri  river,  and  be  entitled  to  one  Senator  and  one  Repre- 
sentative. 

The  thirtieth  district  shall  consist  of  the  counties  of  Morton 
and  Oliver,  and  be  entitled  to  one  Senator  and  two  Representa- 
tives. ^ 

The  thirty-first  district  shall  consist  of  the  counties  of  Mercer, 
Stark  and  Billings,  and  all  the  unorganized  counties  lying  south 
of  the  Missouri  river,  and  be  entitled  to  one  Senator  and  one 
Representative.  • : ^ \ \ \ 4 


138 


CONSTITUTION  OF  NOETH  DAKOTA. 


ARTICLE  XIX. 

Public  Institutions, 

Sec.  215.  The  following  public  institutions  of  the  State  are 
permanently  located  at  the  places  hereinafter  named,  each  to 
have  the  lands  specifically  granted  to  it  by  the  United  States  in 
the  act  of  Congress  approved  February  22,  1889,  to  be  disposed 
of  and  used  in  such  manner  as  the  legislative  assembly  may  pre- 
scribe, subject  to  the  limitations  provided  in  the  article  on  school 
and  public  lands  contained  in  this  Constitution : 

First  — The  seat  of  government  at  the  city  of  Bismarck,  in  the 
county  of  Burleigh. 

Second  — The  State  university  and  the  school  of  mines  at  the 
city  of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third  — The  agricultural  college  at  the  city  of  Fargo,  in  the 
county  of  Cass. 

Fourth  — A State  normal  school  at  the  city  of  Valley  City,  in 
the  county  of  Barnes;  and  the  legislative  assembly  in  apportion- 
ing the  grant  of  80,000  acres  of  land  for  normal  schools  made  in 
the  act  of  Congress  referred  to,  shall  grant  to  the  said  normal 
school  at  Valley  City  as  aforementioned,  fifty  thousand  (50,000) 
acres,  and  said  lands  are  hereby  appropriated  to  said  institution 
for  that  purpose. 

Fifth  — The  deaf  and  dumb  asylum  at  the  city  of  Devil’s  Lake, 
in  the  county  of  Ramsey. 

Sixth  — A State  reform  school  at  the  city  of  Mandan,  in  the 
county  of  Morton. 

Seventh  — A State  normal  school  at  the  city  of  Mayville,  in 
the  county  of  Traill;  and  the  legislative  assembly,  in  apportion- 
ing the  grant  of  land  made  by  Congress  in  the  act  aforesaid  for 
State  normal  schools,  shall  assign  30,000  acres  to  the  institution 
hereby  located  at  Mayville,  and  said  lands  are  hereby  appropri- 
ated for  said  purpose. 

Eighth  — A State  hospital  for  the  insane,  and  an  institution 
for  the  feeble-minded  in  connection  therewith,  at  the  city  of 
Jamestown,  in  the  county  of  Stutsman;  and  the  legislative  assem- 
bly shall  appropriate  20,000  acres  of  the  grant  of  land  made  by 
the  act  of  Congress  aforesaid  for  “other  educational  and  chari- 
table institutions  ” to  the  benefit  and  for  the  endowment  of  said 
institution.  , . 


COXSTITUTIO^'  OF  XOETH  D.IKOTA.  139 

Sec.  216  The  foUowing  named  public  institutions  are  hereby 
LcTTth  hereinafter  provided,  each  to  have  so 

Fn-t  f grant  of  175,000  acres  of  land  made  bv  the 

Lnited  States,  for  “other  educational  and  charitable  institu 
tions,”  and  is  allotted  below,  viz.:  dutame  mstitu- 

located,  or  such  other  chari- 
aWe  institution  as  the  legislative  assembiy  may  determine  It 

land.°°’  county  of  Ransom,  with  a grant  of  40,000  acres  of 

_ Second- A blind  asylum,  or  such  other  institution  as  the  lerr 
islative  assembly  may  determine,  at  such  place  in  the  countv  of 

atTn  ele^LVto  b “fn determine 
with  a grant  0^0,000  acr'""'’’'*' 

tawf  Lsttifr  educational  or  chari- 

2eT  ^ -ith  a graTt "f  40,’000 

au^olf  Jthose  lol7ed'V“t?'"''"“  ^ 

maintained  without  a revisL  0'/ th  J CollSutior'^'^''"'®'' 

ARTICLE  XX. 

Prohibition. 

thh^Stfte  ’m^t!!,r?”“^  corporation  shall,  within 

and  no  1;  intoxicating  liquors 

same  for  c corporation  shaU  import  anv  of  the 

same  for  sale  or  gift,  or  keep  or  sell  or  oiler  the  same  for  sal 


140 


CONSTITUTION  OF  NOKTH  DAKOTA. 


or  gift,  barter  or  trade,  as  a beverage.  The  legislative  assembly 
shall  by  law  prescribe  regulations  for  the  enforcement  of  the  pro- 
visions of  this  article,  and  shall  thereby  provide  suitable  penal- 
ties for  the  violation  thereof. 


SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  a change  of 
territorial  government  to  State  government,  it  is  declared  that 
all  writs,  actions,  prosecutions,  claims  and  rights  of  individuals 
and  bodies  corporate  shall  continue  as  if  no  change  of  govern- 
ment had  taken  place,  and  all  processes  which  may,  before  the 
organization  of  the  judicial  department  under  this  Constitution 
be  issued  under  the  authority  of  the  Territory  of  Dakota  shall  be 
as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  laws  now  in  force  in  the  Territory  of  Dakota, 
which  are  not  repugnant  to  this  Constitution,  shall  remain  in 
force  until  they  expire  by  their  own  limitations  or  be  altered  or 
repealed. 

Sec.  3.  All  fines,  penalties,  forfeitures  and  escheats  accruing 
to  the  Territory  of  Dakota  shall  accrue  to  the  use  of  the  States 
of  North  Dakota  and  South  Dakota,  and  may  be  sued  for  and 
recovered  by  either  of  said  States  as  necessity  may  require. 

Sec.  4.  All  recognizances,  bonds,  obligations  or  other  under- 
takings heretofore  taken,  or  which  may  be  taken  before  the 
organization  of  the  judicial  department  under  this  Constitution, 
shall  remain  valid  and  shall  pass  over  to,  and  may  be  prose- 
cuted in  the  name  of  the  State;  all  bonds,  obligations  or  other 
undertakings  executed  to  this  territory,  or  to  any  officer  in  his 
official  capacity,  shall  pass  over  to  the  proper  State  authority, 
and  to  their  successors  in  office,  for  the  uses  therein  respectively 
expressed,  and  may  be  sued  for  and  recovered  accordingly;  all 
criminal  prosecutions  and  penal  actions  which  have  arisen,  or 
may  arise  before  the  organization  of  the  judicial  department 
under  this  Constitution,  or  which  shall  then  be  pending,  may  be 
prosecuted  to  judgment  and  execution  in  the  name  of  the  State. 

Sec.  5.  All  property,  real  and  personal,  and  credits,  claims 
and  choses  in  action  belonging  to  the  Territory  of  Dakota  at  the 
time  of  the  adoption  of  this  Constitution  shall  be  vested  in  and 
become  the  property  of  the  States  of  North  Dakota  and  South 
Dakota. 


CONSTITUTION  OF  NORTH  DAKOTA. 


141 


Sec.  6.  Whenever  any  two  of  the  judges  of  the  Supreme  Court 
of  the  State  elected  under  the  provisions  of  this  Constitution 
shall  have  qualified  in  their  offices,  the  causes  then  pending  in 
the  Supreme  Court  of  the  Territory  on  appeal  or  Tvrit  of  error 
from  the  District  Court  of  any  county  or  subdivision  within  the 
limits  of  this  State,  and  the  papers,  records  and  proceedings  of 
said  court,  shall  pass  into  the  jurisdiction  and  possession  of  the 
Supreme  Court  of  the  State,  except  as  otherwise  provided  in  the 
enabling  act  of  Congress,  and  until  so  superseded  the  Supreme 
Court  of  the  Territory  and  the  judges  thereof  shall  continue,  with 
like  power  and  jurisdiction  as  if  this  Constitution  had  not  been 
adopted.  Whenever  the  judge  of  the  District  Court  of  any  dis- 
trict elected  under  the  provisions  of  this  Constitution  shall  have 
qualified  in  his  office,  the  several  causes  then  pending  in  the 
District  Court  of  the  Territory,  within  any  county  in  such  dis- 
trict, and  the  records,  papers  and  proceedings  of  said  District 
Court,  and  the  seal  and  other  property  pertaining  thereto,  shall 
pass  into  the  jurisdiction  and  possession  of  the  District  Court  of 
the  State  for  such  county,  except  as  provided  in  the  enabling  act 
of  Congress;  until  the  District  Court  of  this  Territory  shall  be 
superseded  in  the  manner  aforesaid,  the  said  District  Court  and 
the  judges  thereof  shall  continue  with  the  same  jurisdiction  and 
power  to  be  exercised  in  the  same  judicial  districts  respectively 
as  heretofore  constituted  under  the  laws  of  the  Territory. 

Sec.  7.  Until  otherwise  provided  by  law’,  the  seals  now  in 
use  in  the  Supreme  and  District  Courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  Supreme  and  District 
Courts,  respectively,  of  the  State. 

Sec.  8.  Whenever  this  Constitution  shall  go  into  effect,  the 
books,  records  and  papers,  and  proceedings  of  the  Probate  Court 
in  each  county,  and  all  causes  and  matters  of  administration  and 
other  matters  pending  therein,  shall  pass  into  the  jurisdiction 
and  possession  of  the  County  Court  of  the  same  county,  and  the 
said  County  Court  shall  proceed  to  final  decree  or  judgment, 
order  or  other  determination  in  the  said  several  matters  and 
causes  as  the  said  Probate  Court  might  have  done  if  this  Consti- 
tution had  not  been  adopted.  And  until  the  election  and  quali- 
fication of  the  judges  of  the  County  Courts  provided  for  in  this 
Constitution,  the  probate  judges  shall  act  as  the  judges  of  the 
County  Courts  within  their  respective  counties,  and  the  seal  of 


142 


CONSTITUTION  OF  NOKTH  DAKOTA. 


the  Probate  Court  in  each  county  shall  be  the  seal  of  the  County 
Court  therein  until  the  said  court  shall  have  procured  a proper 
seal. 

Sec.  9.  The  terms  probate  court  ” or  probate  judge  ” when- 
ever occurring  in  the  statutes  of  the  Territory  shall,  after  this 
Constitution  goes  into  effect,  be  held  to  apply  to  the  County 
Court  or  county  judge. 

Sec.  10.  All  territorial,  county  and  precinct  officers,  who  may 
be  in  office  at  the  time  this  Constitution  takes  effect,  whether 
holding  their  offices  under  the  authority  of  the  United  States  or 
of  the  Territory,  shall  hold  and  exercise  their  respective  offices, 
and  perform  the  duties  thereof  as  prescribed  in  this  Constitu- 
tion, until  their  successors  shall  be  elected  and  qualified  in 
accordance  with  the  provisions  of  this  Constitution,  and  official 
bonds  of  all  such  officers  shall  continue  in  full  force  and  effect 
as  though  this  Constitution  had  not  been  adopted,  and  such 
officers  for  their  term  of  service,  under  this  Constitution,  shall 
receive  the  same  salaries  and  compensation  as  is  by  this  Consti- 
tution, or  'by  the  laws  of  the  territory,  provided  for  like  officers : 
Provided,  that  the  county  and  precinct  officers  shall  hold  their 
offices  for  the  term  for  which  they  were  elected.  There  shall  be 
elected  in  each  organized  county  in  this  State,  at  the  election  to 
be  held  for  the  ratification  of  this  Constitution,  a clerk  of  the 
District  Court,  who  shall  hold  his  office  under  said  election, 
until  his  successor  is  duly  elected  and  qualified.  The  judges  of 
the  District  Court  shall  have  power  to  appoint  State’s  attorneys 
in  any  organized  county  where  no  such  attorneys  have  been 
elected,  which  appointment  shall  continue  until  the  general  elec- 
tion to  be  held  in  1890,  and  until  his  successor  is  elected  and 
qualified. 

Sec.  11.  This  Constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  the  Territory  as  a 
State. 

Sec.  12.  Immediately  upon  the  adjournment  of  this  conven- 
tion, the  Governor  of  the  Territory,  or  in  case  of  his  absence  or 
failure  to  act,  the  Secretary  of  the  Territory,  or  in  his  absence 
or  failure  to  act,  the  President  of  the  Constitutional  convention, 
shall  issue  a proclamation,  which  shall  be  published  and  a copy 
thereof  mailed  to  the  chairman  of  the  board  of  county  commis- 
sioners of  each  county,  calling  an  election  by  the  people  on  the 


CONSTITUTION  OF  NOETH  DAKOTA. 


143 


first  Tuesday  in  October,  1889,  of  all  the  State  and  district  officers 
created  and  made  elective  by  this  Constitution.  This  Constitu- 
tion shall  be  submitted  for  adoption  or  rejection  at  said  elec- 
tion to  a vote  of  the  electors  qualified  by  the  laws  of  this  Terri- 
tory to  vote  at  all  elections.  At  the  election  provided  for  herein 
the  qualified  voters  shall  vote  directly  for  or  against  this  Consti- 
tution, and  for  or  against  the  article  separately  submitted. 

Sec.  13.  The  board  of  commissioners  of  the  seAxral  counties 
shall  Thereupon  order  such  election  for  said  day,  and  shall  cause 
notice  thereof  to  be  given  for  the  period  of  twenty  days  in  the 
manner  provided  by  law.  Every  qualified  elector  of  the  Terri- 
tory, at  the  date  of  said  election,  shall  be  entitled  to  vote  thereat. 
Said  election  shall  be  conducted  in  all  respects  in  the  same  man- 
ner as  proTuded  by  the  laws  of  the  territory  for  general  elections, 
and  the  returns  for  all  State  and  district  officers,  and  members 
of  the  legislative  assembly,  shall  be  made  to  the  canvassing 
board  hereinafter  provided  for. 

Sec.  14.  The  Governor,  Secretary  and  Chief  Justice,  or  a 
majority  of  them  shall  constitute  a board  of  canvassers  to  can- 
vass the  vote  of  such  election  for  all  State  and  district  officers 
and  members  of  the  legislative  assembly.  The  said  board  shall 
assemble  at  the  seat  of  government  of  the  Territory  on  the  fif- 
teenth day  after  the  day  of  such  election  (or  on  the  following  day 
if  such  day  fall  on  Sunday),  and  proceed  to  canvass  the  votes 
on  the  adoption  of  this  Constitution  and  for  all  State  and  district 
officers  and  members  of  the  legislative  assembly  in  the  manner 
provided  by  the  laws  of  the  Territory  for  canvassing  the  vote  for 
delegate  to  Congress,  and  they  shall  issue  certificates  of  election 
to  the  persons  found  to  be  elected  to  said  offices  severally,  and 
shall  make  and  file  with  the  Secretary  of  the  Territory  an 
abstract,  certified  by  them,  of  the  number  of  votes  cast  for  or 
against  the  adoption  of  the  Constitution,  and  for  each  person  for 
each  of  said  offices,  and  of  the  total  number  of  votes  cast  in  each 
county. 

Sec.  15.  All  officers  elected  at  such  election  shall,  within 
sixty  days  after  the  date  of  the  executive  proclamation  admit- 
ting the  State  of  North  Dakota  into  the  Union,  take  the  oath 
required  by  this  Constitution,  and  give  the  same  bond  required 
by  the  law  of  the  Territory  to  be  given  in  case  of  like  officers 
of  the  Territory  and  districts,  and  shall  thereupon  enter  upon 


144 


CONSTITUTION  OF  NORTH  DAKOTA. 


the  duties  of  their  respective  offices;  hut  the  legislative  assem- 
bly may  require  by  law  all  such  officers  to  give  other  or  further 
bonds  as  a condition  of  their  continuance  in  office. 

Sec.  16.  The  judges  of  the  District  Court  who  shall  be  elected 
at  the  election  herein  provided  for  shall  hold  their  offices  until 
the  first  Monday  in  January,  1893,  and  until  their  successors  are 
elected  and  qualified.  All  other  State  officers,  except  judges  of 
the  Supreme  Court,  who  shall  be  elected  at  the  election  herein 
provided  for,  shall  hold  their  offices  until  the  first  Monday  in 
January,  1891,  and  until  their  successors  are  elected  and  quali- 
fied. Until  otherwise  provided  by  law  the  judges  of  the  Supreme 
Court  shall  receive  for  their  services  the  salary  of  |4,000  per 
annum,  payable  quarterly;  and  the  district  judges  shall  receive 
for  their  services  the  salary  of  |3,000  per  annum,  payable  quar- 
terly. 

Sec.  17.  The  Governor-elect  of  the  State,  immediately  upon 
his  qualifying  and  entering  upon  the  duties  of  his  office,  shall 
issue  his  proclamation  convening  the  legislative  assembly  of  the 
State  at  the  seat  of  government,  on  a day  to  be  named  in  said 
proclamation,  and  which  shall  not  be  less  than  fifteen  nor  more 
than  forty  days  after  the  date  of  such  proclamation.  And  said 
legislative  assembly,  after  organizing,  shall  proceed  to  elect  two 
Senators  of  the  United  States  for  the  State  of  North  Dakota; 
and  at  said  election  the  two  persons  who  shall  receive  a major- 
ity of  all  the  votes  cast  by  the  said  Senators  and  Representatives 
shall  be  elected  such  United  States  Senators.  And  the  presiding 
officers  of  the  Senate  and  House  of  Representatives  shall  each 
certify  the  election  to  the  Governor  and  Secretary  of  the  State 
of  North  Dakota;  and  the  Governor  and  Secretary  of  State  shall 
certify  the  elections  of  such  Senators  as  provided  by  law. 

Sec.  18.  At  the  election  herein  provided  for  there  shall  be 
elected  a Representative  to  the  Fifty-first  Congress  of  the  United 
States,  by  the  electors  of  the  State  at  large. 

Sec.  19.  It  is  hereby  made  the  duty  of  the  legislative  assem- 
bly at  its  first  session  to  provide  for  the  payment  of  all  debts  and 
indebtedness  authorized  to  be  incurred  by  the  Constitutional 
Convention  of  North  Dakota,  which  shall  remain  unpaid  after  the 
appropriation  made  by  Congress  for  the  same  shall  have  been 
exhausted. 

Sec.  20.  There  shall  be  submitted  at  the  same  election  at 
which  this  Constitution  is  submitted  for  rejection  or  adoption, 


CONSTITUTION  OF  NORTH  DAKOTA. 


145 


Article  XX,  entitled  “Prohibition,^’  and  persons  who  desire  to 
vote  for  said  article  shall  have  written  or  printed  on  their  bal- 
lots “For  Prohibition,”  and  all  persons  desiring  to  vote  against 
said  article  shall  have  written  or  printed  on  their  ballots 
“Against  Prohibition.”  If  it  shall  appear  according  to  the 
returns  herein  provided  for  that  a majority  of  aU  the  votes  cast 
at  said  election  for  and  against  prohibition  are  “For  Prohibi- 
tion,” then  said  Article  XX  shall  be  and  form  a part  of  this  Con- 
stitution, and  be  in  full  force  and  effect  as  such  from  the  date 
of  the  admission  of  this  State  into  the  Union.  But  if  a majority 
of  said  votes  shall  appear  according  to  said  returns  to  be 
“Against  Prohibition,”  then  said  Article  XX  shall  be  null  and 
void,  and  shaU  not  be  a part  of  this  Constitution. 

Sec.  21.  The  agreement  made  by  the  joint  commission  of  the 
Constitutional  conventions  of  North  Dakota  and  South  Dakota 
concerning  the  records,  books  and  archives  of  the  Territory  of 
Dakota,  is  hereby  ratified  and  confirmed;  which  agreement  is  in 
the  words  following,  that  is  to  say: 

The  following  books,  records  and  archives  of  the  Territory  of 
North  Dakota,  to  wit:  All  records,  books  and  archives  in  the 

offices  of  the  Governor  and  Secretary  of  the  Territory  (except 
records  of  articles  of  incorporation  of  domestic  corporations, 
returns  of  election  of  delegates  to  the  Constitutional  convention 
of  1889,  for  South  Dakota,  returns  of  elections  held  under  the 
so-called  local  option  law  in  counties  within  the  limits  of  South 
Dakota,  bonds  of  notaries  public  appointed  for  counties  within 
the  limits  of  South  Dakota,  papers  relating  to  the  organization  of 
counties  situate  within  the  limits  of  South  Dakota,  all  which 
records  and  archives  are  a part  of  the  records  and  archives  of 
said  Secretary’s  office;  excepting,  also,  census  returns  from  coun- 
ties situate  within  the  limits  of  South  Dakota  and  papers  relating 
to  requisitions  issued  upon  the  application  of  officers  of  counties 
situate  within  the  limits  of  South  Dakota,  aU  which  are  a part 
of  the  records  and  archives  of  said  Governor’s  office). 

And  the  following  records,  books  and  archives  shall  also  be 
the  property  of  the  State  of  North  Dakota,  to  wit : 

Touchers  in  the  office  or  custody  of  the  Auditor  of  this  Terri- 
tory relating  to  expenditures  on  account  of  public  institutions, 
grounds  or  buildings  situate  within  the  limits  of  North  Dakota. 
One  warrant  register  in  the  office  of  the  Treasurer  of  this  Terri- 
10 


146 


CONSTITUTION  OF  NORTH  DAKOTA. 


torj,  being  a record  of  warrants  issued  under  and  by  virtue  of 
chapter  24  of  the  laws  enacted  by  the  Eighteenth  Legislative 
Assembly  of  North  Dakota.  AU  letters,  receipts  and  vouchers 
in  the  same  office  now  filed  by  counties  and  pertaining  to  coun- 
ties within  the  limits  of  North  Dakota.  Paid  and  canceled  cou- 
pons in  the  same  office  representing  interest  on  bonds  of  North 
Dakota. 

All  other  records,  books  and  archives  which  it  is  hereby  agreed 
shall  be  the  property  of  South  Dakota,  shall  remain  at  the  capitol 
of  North  Dakota  until  demanded  by  the  Legislature  of  the  State 
of  South  Dakota,  and  until  the  State  of  North  Dakota  shall  have 
had  a reasonable  time  after  such  demand  is  made  to  provide 
copies  or  abstracts  of  such  portions  thereof  as  the  said  State  of 
North  Dakota  may  desire  to  have  copies  or  abstracts  of. 

The  State  of  South  Dakota  may  also  provide  copies  or  abstracts 
of  such  records,  books  and  archives,  which  it  is  agreed  shall  be 
the  property  of  North  Dakota,  as  said  State  of  South  Dakota 
shall  desire  to  have  copies  or  abstracts  of. 

The  expense  of  all  copies  or  abstracts  of  records,  books  and 
archives  which  it  is  herein  agreed  may  be  made,  shall 'be  borne 
equally  by  said  two  States. 

Sec.  22.  Should  the  counties  containing  lands  which  form  a 
part  of  the  grant  of  lands  made  by  Congress  to  the  Northern 
Pacific  Railroad  Company  be  compelled  by  law  to  refund  moneys 
paid  for  such  lands  or  any  of  them  by  purchasers  thereof  at  tax 
sales  thereof,  based  upon  taxes  illegally  levied  upon  said  lands, 
then  and  in  that  case  the  State  of  North  Dakota  shall  appropri- 
ate the  sum  of  |25,000,  or  so  much  thereof  as  may  be  necessary, 
to  reimburse  said  counties  for  the  amount  so  received  from  said 
illegal  tax  sales  and  paid  by  said  counties  into  the  treasury  of 
Dakota  Territory,  which  said  State  of  North  Dakota  is  to  assume 
and  pay.  Reports  of  gross  earnings  of  the  year  1888  in  the  same  ^ 
office,  made  by  corporations  operating  lines  of  railroad  situated 
wholly  or  mainly  within  the  limits  of  North  Dakota.  Records 
and  papers  of  the  office  of  the  public  examiner  of  the  second  dis- 
trict of  the  Territory.  Records  and  papers  of  the  office  of  the 
district  board  of  agriculture.  Records  and  papers  in  the  office 
of  the  board  of  pharmacy  of  the  district  of  North  Dakota. 

All  records,  books  and  archives  of  the  Territory  of  Dakota 
which  it  is  not  herein  agreed  shall  be  the  property  of  North 
Dakota,  shall  be  the  property  of  South  Dakota. 


CONSTITUTION  OF  NORTH  DAKOTA. 


147 


The  following  books  shall  be  copied,  and  the  copies  shall  be 
the  property  of  North  Dakota,  and  the  cost  of  such  copies  shall 
be  borne  equally  by  said  States  of  North  Dakota  and  South 
Dakota.  That  is  to  say: 

Appropriation  ledger  for  years  ending  November,  1889-90 — one 
volume. 

The  Auditor’s  current  warrant  register — one  volume. 

Insurance  record  for  1889 — one  volume. 

Treasurer’s  cash  book,  D.” 

Assessment  ledger,  “ B.” 

Dakota  Territory  bond  register — one  volume. 

Treasurer’s  current  ledger — one  volume. 

The  originals  of  the  foregoing  volumes  which  are  to  be  copied 
shall  at  any  time  after  such  copying  shall  have  been  completed 
be  delivered  on  demand  to  the  proper  authorities  of  the  State. 

Sec.  23.  This  Constitution  shall  after  its  enrollment  be  signed 
by  the  President  of  this  Convention  and  the  chief  clerk  thereof 
and  such  delegates  as  desire  to  sign  the  same,  whereupon  it  shall 
be  deposited  in  the  office  of  the  Secretary  of  the  Territory,  where 
it  may  be  signed  at  any  time  by  any  delegate  who  shall  be  pre- 
vented from  signing  the  same  for  any  reasons  at  the  time  of  the 
adjournment  of  this  convention. 

Sec.  24.  In  case  the  Territorial  officers  of  the  Territory  of 
Dakota,  or  any  of  them  who  are  now  required  by  law  to  report 
to  the  Governor  of  the  Territory,  annually  or  biennially,  shall  pre- 
pare and  publish  such  reports  covering  the  transactions  of  their 
offices  up  to  the  time  of  the  admission  of  the  State  of  North 
Dakota  into  the  Union,  the  legislative  assembly  shall  make  suffi- 
cient appropriations  to  pay  one-half  of  the  cost  of  such  publica- 
tion. 

Sec.  25.  The  Governor  and  Secretary  of  the  Territory  are 
hereby  authorized  to  make  arrangements  for  the  meeting  of  the 
first  legislative  assembly,  and  the  inauguration  of  the  State  gov- 
ernment. 

Sec.  26.  The  legislative  assembly  shall  provide  for  the  edit- 
ing, and  for  the  publication,  in  an  independent  volume,  of  this 
Constitution,  as  soon  as  it  shall  take  effect,  and  whenever  it  shall 
be  altered  or  amended,  and  shall  cause  to  be  published  in  the 
same  volume  the  Declaration  of  Independence,  the  Constitution 
of  the  United  States  and  the  Enabling  Act. 


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CONSTITUTION  OF  THE  STATE  OF  OHIO 


Article. 

1.  Bill  of  rights. 

2.  Legislative. 

3.  Executive. 

4.  Judicial. 

5.  Elective  franchise. 

6.  Education. 

7.  Public  institutions. 

8.  Public  debt  and  public  works. 

9.  Militia. 

10.  County  and  township  organiza- 

tion. 

11.  Apportionment. 

12.  Finance  and  taxation. 

13.  Corporations. 

14.  Jurisprudence. 

15.  Miscellaneous. 

16.  Amendments. 

Schedule. 

Preamble. 

ARTICLE  I. 

Bill  of  Rights. 

Section. 

1.  All  men  are  by  nature  free  and 

have  certain  inalienable  rights. 

2.  Political  power  inherent  in  the 

people. — 'Object  of  government, 
right  to  alter  and  reform  it. 

3.  The  people  have  the  right  to 

meet  together  peaceably  to 
consult  for  the  common  good. 

4.  Right  to  bear  arms  for  defense 

and  security. — Standing  arm- 
ies forbidden.— (Military  subor- 
dinate to  civil  power. 

5.  Right  of  trial  by  jury. 

6.  Slavery  forbidden. 

7.  Religious  freedom;  test  oaths 

not  to  be  required,  witnesses 
not  to  be  excluded  on  account 
of  religion. 

8.  Writ  of  habeas  corpus. 

9.  Excessive  bail  and  fines  and 

cruel  punishments  forbidden. 

10.  Rights  of  persons  accused  of 
crimes,  witnesses,  counsel,  may 


Section. 

not  be  tried  twice  for  the  same 
offense. 

11.  Freedom  of  speech  and  of  the 

press.— Trials  for  libel. 

12.  Transportation  for  crime  forbid- 

den.— Conviction  not  to  work 
corruption  of  blood  or  forfeit- 
ure of  estate. 

13.  Quartering  of  soldiers. 

14.  Exemption  from  illegal  seizures 

and  searches. 

! 15.  No  imprisonment  for  debt  in  any 
civil  action,  or  mesne  or  final 

j process,  except  fraud. 

I 16.  Right  of  Justice  Courts  to  be 
j open. 

j 17.  Hereditary  emoluments,  honors 
I or  privileges  not  to  be  granted. 

18.  Laws  may  be  suspended  only  by 

General  Assembly. 

19.  Private  property  taken  for  pub- 

lic use  to  receive  just  compen- 
sation. 

20.  Other  rights  not  denied  or  im- 

paired, and  all  powers  not 
herein  delegated  to  remain 
with  the  people. 

ARTICLE  II. 

Legislature. 

1.  Legislative  power  vested  In 

General  Assembly. — How  com- 
posed. 

2.  Senators  and  Representatives  to 

be  elected  biennially.  • 

3.  Residence  of  the  same. 

4.  Persons  holding  office  under  the 

United  States  or  lucrative  of- 
fices in  the  State,  not  eligible 
to  Legislature. — Exceptions. 

6.  Persons  convicted  of  embezzle- 
ment of  public  funds  and  non- 
accounting holders  of  public 
* moneys  are  debarred  frona 
office. 


152 


CONSTITUTION  OF  OHIO. 


Section 

f.  Each  house  to  Judge  of  the  re- 
turns of  its  own  members. — 
Quorum.— Powers  of  the  mi- 
nority. 

7.  Organization  of  house  to  be  pre- 
scribed by  law. 

f.  Each  house  to  choose  its  own 
officers. — May  punish  members. 
— Power  of  expulsion. 

•.  Each  house  to  keep  a Journal. — 
Majority  of  all  members  elect- 
must  concur  in  the  passage  of 
laws. 

10.  Right  of  entering  protest  in 

Journal. 

11.  Vacancies  in  either  house,  how 

filled. 

12.  Privileges  of  Senators  and  Rep- 

resentatives from  arrest,  free- 
dom of  debate. 

13.  Proceedings  to  be  public  unless 

two-thirds  require  secrecy. 

14.  Adjournments  restricted. 

15.  [Bills  may  originate  in  either 

house. — They  shall  embrace 
but  one  subject. 

16.  Every  bill  shall  be  distinctly 

read. — No  bill  shall  contain 
more  than  one  subject. 

17.  Signature  of  bills  and  joint 

ed  must  concur  in  the  passage 
of  laws. 

18.  Style  of  laws. 

19.  Senators  and  Representatives 

not  eligible  to  certain  offices 
during  term  nor  for  one  year 
after. 

20.  General  Assembly  to  fix  terms 

of  office  and  compensation, 
salaries  not  to  be  affected  dur- 
ing term. 

21.  Contested  elections  to  be  deter- 

mined as  the  law  may  pi'ovide. 

22.  No  money  to  be  drawn  from  the 

Treasury  except  by  laws. 

23.  The  house  to  have  sole  power  of 

impeachment. — Tried  by  Sen- 
ate.—iConcurrence  of  two- 
thirds  necessary  for  convic- 
tion. 

24.  Officers  who  may  be  impeached, 

limit  of  judgments. 

25.  Beginning  of  sessions,  first  ses- 

sion. 


Section. 

26.  General  laws  to  be  uniform  in 

their  operation. 

27.  The  election  of  officers  in  the 

filling  of  vacancies  not  other- 
wise provided  for,  to  be  made 
according  to  law. — The  vote  to 
be  viva  voce. 

28.  General  laws  to  be  passed  for 

certain  purposes. 

29.  Extra  compensation  to  contract- 

ors and  public  officers  forbid- 
den. 

30.  Limit  in  formation  of  counties, 

removal  of  county  seats. 

31.  Pay  of  officers  and  members  of 

General  Assembly  to  be  fixed, 
extra  pay  in  any  form  not  al- 
lowed. 

32.  'Divorces  not  to  be  granted  by 

General  Assembly. 

' ARTICLE  III. 

Executive. 

1.  Officers  included  In  executive 

department. — Time  of  their 
election. 

2.  Terms  of  certain  officers  of  the 

same. 

3.  Election  of  return  of  officers  of 

the  same. — In  case  of  tie  how 
decided. 

4.  Proceeding  in  case  of  non-ses- 

sion.— The  General  Assembly 
January  next  after  election. 

6.  Supreme  executive  power  vested 
in  the  Governor. 

6.  He  may  require  information  of 

officers  in  the  executive  de- 
partment.— He  is  to  see  that 
the  laws  are  faithfully  exe- 
cuted. 

7.  He  is  to  communicate  by  mes- 

sage. 

I.  May,  on  extraordinary  occa- 
sions, convene  the  General  As- 
sembly. 

9.  May  adjourn  General  Assembly 
in  case  of  disagreement. 

10.  To  be  commander-ln-chlef  of 

militia. 

11.  Pardoning  power,  limited  in 

cases  of  treason  or  impeach- 
ment. , 


CONSTITUTION  OF  OHIO. 


153 


Section 

12.  Great  seal  to  be  kept  by  Gov- 

ernor. 

13.  Grants  and  commissions,  how 

sealed  and  signed. 

14.  What  persons  may  not  act  as 

Governor. 

16.  In  case  of  vacancy,  the  duties  to 
devolve  on  Lieutenant-Gov- 
ernor. 

16.  Lieutenant-Governor  to  be  Presi- 

dent of  the  Senate.— Casting 
vote. — To  act  as  Governor  in 
case  of  vacancy. 

17.  President  of  Senate  to  act  as 

Governor  in  a certain  case. 

13.  Governor  may  fill  certain  offices 
of  executive  department  till 
disability  is  removed  or  elec- 
tion held. 

19.  Pay  of  officers  of  executive  de- 

partment, 

20.  Oflicers  of  executive  department 

to  report  to  Governor  before  j 
each  re^lar  session  of  General 
Assembly.  I 

ARTICLE  IV. 

Judicial. 


[ Section 

I 11.  Classification  of  judges  of  Su- 
preme Court. 

12.  Judges  of  the  Court  of  Common 

Pleas  to  reside  in  their  dis- 
tricts. 

13.  Vacancies  in  office  of  judge  to 

be  filled  by  Governor. 

14.  Salaries  of  judges  not  to  be  In- 

creased or  diminished,  they 
hold  no  other  office. 

15.  General  Assembly  may  increase 

or  diminish  number  of  judges, 
may  establish  other  courts,  but 
not  to  vacate  the  office  of  any 
judge. 

16.  Court  of  Common  Pleas  to  have 

a clerk  elected  from  each 
county,  his  terms  and  duties. 

17.  Removal  of  judges  from  office. 

i 18.  Judges  to  have  powers  and  juris- 
diction of  Chambers,  as  may 
be  directed  by  law. 

19.  Courts  of  Concilliation  may  be 
established,  parties  to  agree  to 
abide  by  their  judgment. 

20.  Style  of  process. 

ARTICLE  V. 


1.  Judicial  i>ower,  how  vested. 

2.  Supreme  Court,  how  composed, 

jurisdiction  and  terms,  elec'  1 
tion  of  judges.  I 

3.  Nine  Common  Pleas  districts  to 
. be  formed,  terms,  etc. 

4.  Jurisdiction  of  Courts  of  Com- 

mon Pleas  and  of  judges  to  be  ; 
fixed  by  law.  . | 

6.  District  Courts,  how  formed.—  ■ 
To  be  held  in  each  county.  | 

6.  Jurisdiction  of  District  Courts. 

7.  A Probate  Court  to  be  estab-  i 

lished  in  each  county,  to  be  a ' 
Court  of  Record,  open  at  all 
times. — Salary  to  be  paid  by 
the  county. 

8.  Jurisdiction  of  Probate  Courts. 

9.  Justices  of  the  Peace  to  be 

elected,  terms  and  powers  to 
be  fixed  by  law. 

10.  All  judges  other  than  those  pro- 
vided in  the  Constitution  to  be 
elected. — Terms  not  to  exceed 
five  years. 


Elective  Franchise. 

1.  Qualifications  of  electors. 

2.  Elections  to  be  by  ballot. 

3.  Privilege  of  electors  from  arrest 

at  elections. 

4.  Exclusion  from  voting  for  bri- 

bery, perjury  or*  other  infa- 
mous crime. 

5.  Persons  in  military,  marine  or 

naval  service  not  to  acquire 
residence  by  being  officially 
stationed. 

6.  Idiots  and  insane  persons  may 

not  vote. 

ARTICLE  VI. 

Education. 

1.  Funds  granted  or  intrusted  to 

State  for  educational  and  re- 
ligious purposes  to  be  invio- 
late. 

2.  Funds  to  be  provided  for  main- 

taining schools. — No  sect  to 
have  control  of  school  funds. 


154 


CONSTITUTION  OF  OHIO. 


ARTICLE  VII. 

Public  Institutions. 

Section 

1.  Institutions  for  Insane,  deaf  and 

dumb  to  be  fostered  and  sup- 
ported. 

2.  Election  of  Directors  of  Peniten- 

tiary and  trustees  of  other 
State  institutions  appointed  by 
Governor  and  Senate. 

8.  Governor  may  fill  vacancies  in 
offices  aforesaid  until  success- 
ors are  appointed. 

ARTICLE  VIII. 

Public  Debt  and  Public  Works. 

1.  Restrictions  on  the  formation  of 

State  debts. 

2.  Debts  to  repel  invasion  and  sup- 

press insurrection. — To  redeem 
present  indebtedness, — Debts 

payable  from  sinking  fund. 

3.  With  these  exceptions,  no  debts 

shall  be  created  by  the  State. 

4.  State  credit  not  to  be  given  or 

loaned. — May  not  become  a 
stockholder  in  any  company. 

5.  State  not  to  assume  county  or 

other  local  debts,  except  in 
time  of  war. 

6.  State  not  to  authorize  any 

county,  city  or  township  to  be- 
come a stockholder,  or  to  raise 
money  or  to  loan  credit  to  cor- 
porations, 

7.  Faith  of  State  pledge  for  pay- 

ment of  public  debt. — Sinking 
fund. 

8.  Commissioners  of  the  sinking 

fund,  how  organized. 

9.  Duties  of  these  commissioners,  to 

estimate  and  make  provision 
for  raising  and  disbursing  the 
fund. 

10.  Duty  to  apply  fund  to  the  pay- 

ment of  interest  and  principal 
' of  debt. 

11.  To  report  semi-annually  to  the 

Governor. — To  report  to  Legis- 
lature. 

12.  Board  of  Public  Works. — Mem- 

bers to  be  elected. 

13.  Powers  and  duties  of  Board  of 


I Section 

Public  Works  to  be  fixed  by 
law. 

ARTICLE  IX. 

Militia. 

1.  Persons  liable  to  military  duty. 

2.  Officers  elected  by  persons  sub- 

ject to  military  duty. 

3.  Appointment  of  staff  officers.— 

Non-commissioned  officers  and 
musicians. 

4.  Officers  to  be  commissioned  by 

Governor.— He  may  call  out 
militia,  execute  the  laws,  sup- 
press insurrection  and  repel 
invasion. 

6.  General  Assembly  shall  provide 
by  law  for  the  safe  keeping 
and  protection  of  public  arms. 

ARTICLE  X. 

County  and  2'oicnship  Organization. 

1.  General  Assembly  to  provide  for 

election  of  county  and  town- 
I ship  officers. 

2.  Time  of  elections. — Term  not  to 

exceed  three  years. 

3.  Sheriffs  and  county  treasurers, 

not  to  hold  more  than  four 
years  in  six. 

4.  Election  of  township  officers. — 

Time. — Towns. 

6.  Money  to  be  paid  from  county 
or  township  treasury  only  by 
law, 

6.  Removal  of  justices  of  the  peace 

and  county  and  township  offi- 
cers, 

7.  Powers  of  commissioners  and 

counties. — Trustees  of  town- 
ships are  to  be  fixed  by  law. 

ARTICLE  XI. 

Apportionment. 

1.  To  be  made  once  in  ten  years 

after  1851. 

2.  Ratio  of  counties  for  Representa- 

tives.— How  adjusted. 

3.  Fractions. — How  assigned.— Rule 

prescribed. 

4.  Counties. — when  entitled  to>  sepa- 

rate representation. — Changes 
only  to  be  made  at  regular  de- 
cennial periods. 


COXSTITUTION  OF  OHIO. 


155 


Section 

5.  Counties  falling  below  the  new 

ratios  to  be  attached  to  other 
counties  for  representation. 

6.  Ratios  for  Senators,  how  ascer- 

tained. 

7.  Present  Senatorial  districts. 

8.  Rule  for  apportioning  of  Sena- 

torial districts  to  be  similar  to 
that  for  Representatives. 

9.  Counties,  when  entitled  to  sepa- 

rate Senatorial  representation. 

10.  First  apportionment  of  Repre- 

sentatives to  be  as  provided  in 
schedule. 

11.  Governor,  Auditor  and  Secretary 

of  State  to  determine  the  ratio 
of  causes  to  -be  published. — 
Judicial  apportionment. 

12.  Present  judicial  districts. 

13.  New  counties  to  be  attached  to 

such  districts,  as  may  be  most 
convenient. 

ARTICLE  XII. 

Finance  and  Taxation. 

1.  Poll  taxes  forbidden. 

2.  Taxation  to  be  uniform. — Public 

property  exempted. — Personal 
property  to  what  extent  ex- 
empted. 

3.  Taxation  upon  banks  and  bank- 

ing. 

4.  Revenue  to  be  raised  sufficient 

to  defray  expenses  of  State 
and  interest  on  State  debt. 

5.  No  tax  to  be  levied  except  by 

law. — The  object  of  every  tax. 
Law  to  be  specified. 

6.  State  not  to  contract  debt  for 

internal  improvements. 

ARTICLE  Xm. 
Go'rporations. 

1.  Grenesral  Assembly  to  pass  no 

special  act  conferring  corporate 
powers. 

2.  Corporations  may  be  formed 

under  general  laws. — Such  laws 
may  be  altered  or  repealed. 

3.  Dues  from  corporations,  how  se- 

cured.— Liability  of  stockhold- 
ers. 


I Section 

4.  Property  of  corporations  liable 

to  taxation  the  same  as  of  in- 
dividuals. 

5.  No  right  of  way  to  be  appropri- 

ated until  full  compensation 
in  money  is  paid. 

6.  Organization  of  cities  and  vil- 

lages by  general  laws.— Re- 
strictions upon  their  credit. 

7.  Laws  authorizing  banking  pow- 

ers to  be  submitted  to  the 
I people. 

ARTICLE  XIV. 

Jurisprudence. 

1.  Three  commissioners  to  be  ap- 

pointed.— Their  tenure,  pay  and 
mode  of  filling  vacancies  to  be 
fixed. 

2.  To  revise,  reform,  simplify  and 

abridge  the  practice,  pleadings, 
forms  and  proceedings  of 
Courts  of  Record. 

3.  Proceedings  of  Commissioners  to 

be  reported  to  General  ^Vssem- 

bly. 

ARTICLE  XV. 
Miscellaneous. 

1.  Columbus  to  be  the  seat  of  gov- 

ernment until  otherwise  di- 
rected by  law. 

2.  Public  printing  to  be  let  on  con- 

tract to  the  lowest  responsible 
bidder. 

3.  Receipts  and  expenditures  to  be 

published. 

4.  None  but  electors  to  hold  office. 

5.  Duelling  to  disqualify  from  hold- 

ing office. 

6.  Lotteries  illegal. 

7.  Oath  of  office  to  be  taken  before 

entering  upon  duties. 

8.  Bureau  of  Statistics  to  be  estab- 

lished in  Secretary’s  office. 

ARTICLE  XVI. 
Amendments. 

1.  Amendments,  how  made  by  the 
General  Assembly. — To  be  sub- 
mitted to  the  people  at  elec- 
tions. 


166 


CONSTITUTION  OF  OHIO. 


Section 

2.  Conventions.— How  called  to  re- 

vise Constitution. 

3.  Question  of  a convention  to  be 

submitted  in  1871  and  every 
twentieth  year  thereafter. 

SCHEDULE. 

1.  Laws  in  force  September  1,  1S51, 

continued  until  amended  if  not 
inconsistent  with  the  Consti- 
tution. 

2.  First  election  of  members  to 

General  Assembly. 

3.  First  election  for  Governor  and 

other  State  officers. — When  to 
take  office. 

4.  First  election  of  judges. — Terms. 

When  to  commence,  etc. 

5.  Certain  officers  not  otherwise 

provided  for  to  continue  in 
office  until  terms  expire,  unless 
otherwise  provided  by  the 
General  Assembly. 

$.  Superior  and  Commercial  Courts 
of  Cincinnati,  and  Superior 
Court  in  Cleveland  continued, 
but  not  after  second  Monday 
in  February,  1853. 

7.  County  and  township  officers 

continued  until  expiration  of 
terms. 

8.  Vacancies  in  office  after  Septem- 

ber 1,  1851,  to  be  filled  as  law 
now  directs,  etc. 


Section 

9.  Constitution  to  take  effect  Sep- 
tember 1,  1851. 

10.  All  officers  to  continue  until  suc- 

cessors are  chosen  and  quali- 
fied. 

11.  Suits  pending  in  Supreme  Court 

in  banc  to  be  transferred  to  the 
Supreme  Court  under  this  Con- 
stitution. 

12.  District  Courts  in  counties  to  be 

successors  of  the  present  Su- 
preme Court. 

13.  Courts  of  Common  Pleas  to  be 

successors  of  present  Courts  of 
Common  Pleas. 

14.  Probate  Courts  to  be  successors 

of  present  Court  of  Common 
Pleas. 

15.  Elections  to  be  held  and  re- 

turned, as  provided,  for  Gov- 
ernor until  otherwise  pro- 
vided by  law. 

16.  Where  two  counties  adjourn,  the 

returns  to  be  made  to  the 
county  having  the  largest 
population. 

17.  Constitution  to  be  submitted  to 

the  electors. 

18.  Separate  submission  of  license 

question. 

19.  Present  apportionment  of  House 

of  Representatives. 


PREAMBLE. 

We,  the  people  of  the  State  of  Ohio,  grateful  to  Almighty  God 
for  our  freedom,  to  secure  its  blessings  and  promote  our 
common  welfare,  do  establish  this  Constitution. 


ARTICLE  I. 

Bill  of  Rights. 

Section  1.  All  men  are,  by  nature,  free  and  independent,  and 
have  certain  inalienable  rights,  among  which  are  those  of  enjoy- 
ing and  defending  life  and  liberty,  acquiring,  possessing  and  pro- 
tecting property,  and  seeking  and  obtaining  happiness  and  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Gk)vem- 
ment  is  instituted  for  their  equal  protection  and  benefit,  and  they 


CONSTITUTION  OF  OHIO. 


157 


have  the  right  to  alter,  reform,  or  abolish  the  same,  whenever 
they  may  deem  it  necessary;  and  no  special  privileges  or  immuni- 
ties shall  ever  be  granted,  that  may  not  be  altered,  revoked,  or 
repealed  by  the  General  Assembly. 

Sec.  3.  The  people  have  the  right  to  assemble  together,  in  a 
peaceable  manner,  to  consult  for  their  common  good;  to  instruct 
their  Eepresentatives;  and  to  petition  the  General  Assembly  for 
the  redress  of  grievances. 

Sec.  4.  The  people  have  the  right  to  bear  arms  for  their 
defense  and  security;  but  standing  armies  in  time  of  peace  are 
dangerous  to  liberty,  and  shall  not  be  kept  up;  and  the  military 
shall  be  in  strict  accordance  to  the  civil  power. 

Sec.  5.  The  right  of  trial  by  jury  shall  be  inviolate. 

Sec.  6.  There  shall  be  no  slavery  in  this  State,  nor  involuntary 
servitude,  unless  for  the  punishment  of  crime. 

Sec.  7.  All  men  have  a natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  con- 
science. No  person  shall  be  compelled  to  attend,  erect,  or  support 
any  place  of  worship,  or  maintain  any  form  of  worship,  against 
his  consent;  and  no  preference  shall  be  given,  by  law,  to  any 
religious  society;  nor  shall  any  interference  with  the  rights  of 
conscience  be  permitted.  No  religious  test  shall  be  required  as  a 
qualification  for  office,  nor  shall  any  person  be  incompetent  to  be 
a witness  on  account  of  his  religious  belief;  but  nothing  herein 
shall  be  construed  to  dispense  with  oaths  and  affirmations. 
Religion,  morality  and  knowledge,  however,  being  essential  to 
good  government,  it  shall  be  the  duty  of  the  General  Assembly 
to  pass  suitable  laws  to  protect  every  religious  denomination  in 
the  peaceable  enjoyment  of  its  own  mode  of  public  worship,  and 
to  encourage  schools  and  the  means  of  instruction. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  in  cases  of  rebellion  or  invasion  the  public 
safety  require  it. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses  where  the  proof  is  evident,  or  the 
presumption  great.  Excessive  bail  shall  not  be  required;  nor 
excessive  fines  imposed;  nor  cruel  and  unusual  punishments 
inflicted. 

Sec.  10.  Except  in  cases  of  impeachment,  and  cases  arising 
in  the  army  and  navy,  or  in  the  militia  when  in  actual  service  in 
time  of  war  or  public  danger,  and  in  cases  of  petit  larceny  and 


158 


CONSTITUTION  OF  OHIO. 


other  inferior  offenses,  no  person  shall  be  held  to  answer  for  a 
capital,  or  otherwise  infamous,  crime,  unless  on  presentment  or 
indictment  of  a grand  jury.  In  any  trial,  in  any  court,  the  party 
accused  shall  be  allowed  to  appear  and  defend  in  person  and 
with  counsel;  to  demand  the  nature  and  cause  of  the  accusa- 
tion against  him,  and  to  have  a copy  thereof;  to  meet  the  wit- 
nesses face  to  face,  and  to  have  compulsory  process  to  procure 
the  attendance  of  witnesses  in  his  behalf,  and  a speedy  public 
trial  by  an  impartial  jury  of  the  county  or  district  in  which  the 
offense  is  alleged  to  have  been  committed;  nor  shall  any  person 
be  compelled,  in  any  criminal  case,  to  be  a witness  against  him- 
self, or  be  twice  put  in  jeopardy  for  the  same  offense. 

Sec.  11.  Every  citizen  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  the 
right;  and  no  law  shall  be  passed  to  restrain  or  abridge  the 
liberty  of  speech,  or  of  the  press.  In  all  criminal  prosecutions  for 
libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is 
true,  and  was  published  with  good  motives,  and  for  justifiable 
ends,  the  party  shall  be  acquitted. 

Sec.  12.  No  person  shall  be  transported  out  of  the  State  for 
any  offense  committed  within  the  same;  and  no  conviction  shall 
work  corruption  of  blood,  or  forfeiture  of  estate. 

Sec.  13.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house,  without  the  consent  of  the  owner;  nor,  in  time  of  war, 
except  in  the  manner  prescribed  by  law. 

Sec.  14.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  possessions,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated;  and  no  warrant  shall  issue, 
but  upon  probable  cause,  supported  by  oath  or  affirmation,  par- 
ticularly describing  the  place  to  be  searched  and  the  person  and 
things  to  be  seized. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil 
action,  or  mesne  or  final  process,  unless  in  cases  of  fraud. 

Sec.  16.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  land,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law;  and  justice  administered  with- 
out denial  or  delay. 

Sec.  17.  No  hereditary  emoluments,  honors,  or  privileges, 
shall  ever  be  granted  or  conferred  by  this  State. 

Sec.  18.  No  power  of  suspending  laws  shall  ever  be  exercised, 
except  by  the  General  Assembly. 


CONSTITUTION  OF  OHIO. 


159 


Sec.  19.  Private  property  shall  ever  be  held  inviolate,  but 
subservient  to  the  public  welfare.  When  taken  in  time  of  war 
or  other  public  exigency,  imperatively  requiring  its  immediate 
seizure,  or  for  the  purpose  of  making  or  repairing  roads,  which 
shall  be  open  to  the  public,  without  charge,  a compensation  shall 
be  made  to  the  owner,  in  money,  and  in  all  other  cases,  where 
private  property  shall  be  taken  for  public  use,  a compensation 
therefor  shall  first  be  made  in  money,  or  first  secured  by  a 
deposit  of  money,  and  such  compensation  shall  be  assessed  by  a 
jury,  without  deduction  for  benefits  to  any  property  of  the  owner. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people  ; and  all  powers, 
not  herein  delegated,  remain  with  the  people. 

AKTICLE  II. 

Legislative. 

Section  1.  The  legislative  power  of  this  State  shall  be  vested 
in  a General  Assembly,  which  shall  consist  of  a Senate  and 
House  of  Kepresentatives. 

Sec.  2.  Senators  and  Representatives  shall  be  elected  bienni- 
ally by  the  electors  of  the  respective  counties  or  districts,  on  the 
first  Tuesday  after  the  first  ^londay  in  November  ; their  term 
of  office  shall  commence  on  the  first  day  of  January  next  there- 
after, and  continue  two  years. 

Sec.  3.  Senators  and  Representatives  shall  have  resided  in 
their  respective  counties  or  districts  one  year  next  preceding 
their  election,  unless  they  shall  have  been  absent  on  the  public 
business  of  the  United  States  or  this  State. 

Sec.  4.  No  person  holding  office  under  the  authority  of  the 
United  States,  or  any  lucrative  office  under  the  authority  of  this 
State,  shall  be  eligible  to  or  have  a seat  in  the  General  Assembly; 
but  this  provision  shall  not  extend  to  township  officers,  justices 
of  the  peace,  notaries  public,  or  officers  of  the  militia. 

Sec.  5.  No  person  hereafter  convicted  of  an  embezzlement  of 
the  public  funds  shall  hold  any  office  in  this  State  ; nor  shall 
any  person  holding  public  money  for  distribution  or  otherwise, 
have  a seat  in  the  General  Assembly  until  he  shall  have 
accounted  for  and  paid  such  money  into  the  treasury. 

Sec.  6.  Each  house  shall  be  judge  of  the  election,  returns, 
and  qualifications  of  its  own  members  ; a majority  of  aU  the 


160 


CONSTITUTION  OF  OHIO. 


members  elected  to  each  house  shall  be  a quorum  to  do  business  ; 
but  a less  number  may  adjourn  from  day  toi  day,  and  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  shall  be  prescribed  by  law. 

Sec.  7.  The  mode  of  organizing  the  House  of  Eepresentatives, 
at  the  commencement  of  each  regular  session,  shall  be  prescribed 
by  law. 

Sec.  8.  Each  house,  except  as  otherwise  provided  in  this  Con- 
stitution, shall  choose  its  own  officers,  may  determine  its  own 
rules  of  proceeding,  punish  its  members  for  disorderly  conduct; 
and  with  the  concurrence  of  two-thirds,  expel  a member,  but 
not  the  second  time  for  the  same  cause  ; and  shall  have  all  other 
powers  necessary  to  provide  for  its  safety,  and  the  undisturbed 
transaction  of  its  business. 

Sec.  9.  Each  house  shall  keep  a correct  journal  of  its  pro- 
ceedings, which  shall  be  published.  At  the  desire  of  any  two 
members,  the  yeas  and  nays  shall  be  entered  upon  the  journal ; 
and,  on  the  passage  of  every  bill,  in  either  house,  the  vote  shall 
be  taken  by  yeas  and  nays,  and  entered  upon  the  journal  ; and 
no  law  shall  be  passed  in  either  house  without  the  concurrence 
of  a majority  of  all  the  members  elected  thereto. 

Sec.  10.  Any  member  of  either  house  shall  have  the  right  to 
protest  against  any  act  or  resolution  thereof  ; and  such  protest, 
and  the  reason  therefor,  shall,  without  alteration,  commitment, 
or  delay,  be  entered  upon  the  journal. 

Sec.  11.  All  vacancies  which  may  happen  in  either  house 
shall,  for  the  unexpired  term,  be  filled  by  election,  as  shall  be 
directed  by  law. 

Sec.  12.  Senators  and  Eepresentatives,  during  the  session  of 
the  General  Assembly,  and  in  going  to  and  returning  from  the 
same,  shall  be  privileged  from  arrest  in  all  cases  except  treason, 
felony,  or  breach  of  the  peace  ; and  for  any  speech  or  debate,  in 
either  house,  they  shall  not  be  questioned  elsewhere. 

Sec.  13.  The  proceedings  of  both  houses  shall  be  public, 
except  in  cases  which,  in  the  opinion  of  two- thirds  of  those 
present,  require  secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days,  Sundays  excluded  ; nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  in  session. 


CONSTITUTION  OF  OHIO. 


161 


Sec.  15.  Bills  may  originate  in  either  house  ; but  may  be 
altered,  amended,  or  rejected  in  the  other. 

Sec.  16.  Every  bdl  shall  be  fully  and  distinctly  read  on  three 
different  days  ; unless,  in  case  of  urgency,  threeffourths  of  the 
house  in  which  it  shall  be  pending,  shall  dispense  with  this  rule. 
No  bill  shall  contain  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title,  and  no  law  shall  be  rerived  or 
amended  unless  the  new  act  contain  the  entire  act  revived,  or 
the  section  or  sections  amended,  and  the  section  or  sections  so 
amended  shall  be  repealed. 

Sec.  17.  The  presiding  officer  of  each  house  shall  sign  pub- 
licly, in  the  presence  of  the  house  over  which  he  presides,  while 
the  same  is  in  session,  and  capable  of  transacting  business,  all 
bills  and  joint  resolutions  passed  by  the  Greneral  Assembly. 

Sec.  18.  The  style  of  the  laws  of  this  State  shall  be,  ‘‘Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Ohio.’’ 

Sec.  19.  No  Senator  or  Eepresentative  shall,  during  the  term 
for  which  he  shall  have  been  elected,  or  for  one  year  thereafter, 
be  appointed  to  any  civil  office  under  this  State  which  shall  be 
created  or  the  emoluments  of  which  shall  have  been  increased 
during  the  term  for  which  he  shall  have  been  elected. 

Sec.  20.  The  General  Assembly  in  cases  not  provided  for  in 
this  Constitution,  shall  fix  the  term  of  office  and  the  compensa- 
tion of  all  offices;  but  no  charge  therein  shall  affect  the  salary 
of  any  officer  during  his  existing  term,  unless  the  office  be 
abolished. 

Sec.  21.  The  General  Assembly  shall  determine,  by  law, 
before  what  authority,  and  in  what  manner,  the  trial  of  con- 
tested elections  shall  be  conducted. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury,  except 
in  pursuance  of  a specific  appropriation,  made  by  law  ; and  no 
appropriation  shall  be  made  for  a longer  period  than  two  years. 

Sec.  23.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  but  a majority  of  the  members  elected 
must  concur  therein.  Impeachments  shall  be  tried  by  the 
Senate  ; and  the  Senators  when  sitting  for  that  purpose,  shall 
be  upon  oath  or  affirmation  to  do  justice  according  to  law  and 
evidence.  No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Senators. 

11 


162 


CONSTITUTION  OF  OHIO. 


Sec.  24.  The  Governor,  judges,  and  all  State  officers,  maj  be 
impea(ffied  for  any  misdemeanor  in  office  ; but  judgment  shall 
not  extend  further  than  removal  from  office,  and  disqualification 
to  hold  any  office,  under  the  authority  of  this  State.  The  party 
impeached,  whether  convicted  or  not,  shall  be  liable  to  indict- 
ment, trial  and  judgment,  a‘c cording  to  law. 

Sec.  25.  All  regular  sessions  of  the  General  Assembly  shall 
commence  on  the  first  Monday  of  January  biennially. 

Sec.  20.  All  laws,  of  a general  nature,  shall  have  a uniform 
operation  throughout  the  State  ; nor  shall  any  act,  except  such 
as  relates  to  public  schools,  be  passed,  to  take  effect  upon  the 
approval  of  any  other  authority  than  the  General  Assembly, 
except  as  otherwise  provided  in  this  Constitution. 

Sec.  27.  The  election  and  appointment  of  all  officers,  and  the 
filling  of  all  vacancies  not  otherwise  provided  for  by  this  Con- 
stitution, or  the  Constitution  of  the  United  States,  shall  be  made 
in  such  manner  as  may  be  directed  by  law,  but  no  appointing 
power  shall  be  exercised  by  the  General  Assembly,  except  as 
prescribed  in  this  Constitution,  and  in  the  election  of  United 
States  Senators  ; and  in  these  cases  the  vote  shall  be  taken 
^^YiYSi  voce.” 

Sec.  28.  The  General  Assembly  shall  have  no  power  to  pass 
retroactive  laws,  or  laws  impairing  the  obligation  of  contracts  ; 
but  may,  by  general  laws,  authorize  courts  to  carry  into  effect, 
upon  such  terms  as  shall  be  just  and  equitable,  the  manifest 
intention  of  parties  and  officers,  by  curing  omissions,  defects  and 
' errors  in  instruments  and  proceedings  arising  out  of  their  want 
of  conformity  with  the  laws  of  this  State. 

Sec.  29.  No  extra  compensation  shall  be  made  to  any  officer, 
public  agent,  or  contractor  after  the  services  shall  have  been 
rendered  or  the  contract  entered  into  ; nor  shall  any  money  be 
rpaid,  on  any  claim,  the  subject  matter  of  which  shall  not  have 
been  provided  for  by  pre-existing  law,  unless  such  compensation 
or  claim  be  allowed  by  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly. 

Sec.  30.  No  new  county  shall  contain  less  than  four  hundred 
square  miles  of  territory,  nor  shall  any  county  be  reduced  below 
that  amount  ; and  all  laws  creating  new  counties,  changing 
county  lines,  or  removing  county  seats,  shall,  before  taking  effect, 
be  submitted  to  the  electors  of  the  several  counties  to  be  affected 


CONSTITUTION  OF  OHIO. 


163 


thereby,  at  the  next  general  election  after  the  passage  thereof, 
and  be  adopted  by  a majority  of  all  the  electors  voting  at  such 
election,  in  each  of  said  counties  ; but  any  county  now  or  here- 
after containing  one  hundred  thousand  inhabitants,  may  be 
divided  whenever  a majority  of  the  voters  residing  in  each  of 
proposed  divisions  shall  approve  of  the  law  passed  for  that  pur- 
pose but  no  town  or  city  within  the  same  shall  be  divided,  nor 
shall  either  of  the  divisions  contain  less  than  twenty  thousand 
inhabitants. 

Sec.  31.  The  members  and  officers  of  the  Gleneral  Assembly 
shall  receive  a fixed  compensation,  to  be  prescribed  by  law,  and 
no  other  allowance  or  perquisites,  either  in  the  payment  of  post- 
age or  otherwise  ; and  no  change  in  their  compensation  shall 
take  effect  during  their  term  of  office. 

Sec.  32.  The  General  Assembly  shall  grant  no  divorce,  nor 
exercise  any  judicial  power  not  herein  expressly  conferred. 

ARTICLE  III. 

Executive. 

Sec.  1.  The  executive  department  shall  consist  of  a Governor, 
Lieutenant-Governor,  Secretary  of  State,  Auditor  of  State,  Treas- 
urer of  State,  and  an  Attorney-General,  who  shall  be  elected  on 
the  first  Tuesday  after  the  first  Monday  in  November,  by  the 
electors  of  the  State,  and  at  the  places  of  voting  for  members  of 
the  General  Assembly. 

Sec.  2.  The  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Treasurer,  and  Attorney-General  shall  hold  their  offices 
for  two  years,  and  the  Auditor  for  four  years.  Their  terms  of 
office  shall  commence  on  the  second  Monday  of  January  next 
after  their  election,  and  continue  until  their  successors  are 
elected  and  qualified. 

Sec.  3.  The  returns  of  every  election  for  the  officers  named 
in  the  foregoing  section  shall  be  sealed  up  and  transmitted  to 
the  seat  of  government,  by  the  returning  officers,  directed  to  the 
president  of  the  Senate,  who,  during  the  first  week  of  the  session, 
shall  open  and  publish  them,  and  declare  the  result,  in  the  pres- 
ence of  a majority  of  the  members  of  each  house  of  the  General 
Assembly.  The  person  having  the  highest  number  of  votes  shall 
be  declared  duly  elected  ; but  if  any  two  or  more  shall  be  highest, 


164 


CONSTITUTION  OF  OHIO. 


and  equal  in  votes  for  the  same  office,  one  of  them  shall  be  chosen 
by  the  joint  vote  of  both  houses. 

Sec.  4.  Should  there  be  no  session  of  the  General  Assembly 
in  January  next  after  an  election  for  any  of  the  offices  aforesaid, 
the  returns  of  such  election  shall  be  made  to  the  Secretary  of 
State,  and  opened  and  the  result  declared  by  the  Governor,  in 
such  manner  as  may  be  provided  by  law. 

Sec.  5.  The  supreme  executive  power,  of  this  State  shall  be 
vested  in  the  Governor. 

Sec.  6.  He  may  require  information,  in  writing,  from  the 
officers  in  the  executive  department,  upon  any  subject  relating 
to  the  duties  of  their  respective  offices,  and  shall  see  that  the 
laws  are  faithfully  executed. 

Sec.  7.  He  shall  communicate  at  every  session,  by  message, 
to  the  General  Assembly,  the  condition  of  the  State,  and  recom- 
mend such  measures  as  he  shall  deem  expedient. 

Sec.  8.  He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly  by  proclamation,  and  shall  state  to  both 
houses,  when  assembled,  the  purpose  for  which  they  have  been 
convened. 

Sec.  9.  In  case  of  a disagreement  between  the  two  houses  in 
respect  to  the  time  of  adjournment,  he  shall  have  power  to 
adjourn  the  General  Assembly  to  such  time  as  he  may  think 
proper,  but  not  beyond  the  regular  meetings  thereof. 

Sec.  10.  He  shall  be  commander-in-chief  of  the  military  and 
naval  forces  of  the  State,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  11.  He  shall  have  power,  after  conviction,  to  grant 
reprieves,  commutations  and  pardons  for  all  crimes  and  offenses, 
except  treason  and  cases  of  impeachment,  upon  such  conditions 
as  he  may  think  proper  ; subject,  however,  to  such  regulations, 
as  to  the  manner  of  applying  for  pardons,  as  may  be  prescribed 
by  law.  Upon  conviction  for  treason  he  may  suspend  the 
execution  of  the  sentence  and  report  the  case  to  the  General 
Assembly,  at  its  next  meeting,  when  the  General  Assembly  shall 
either  pardon,  commute  the  sentence,  direct  its  execution,  or  grant 
a further  reprieve.  He  shall  communicate  to  the  General 
Assembly,  at  every  regular  session,  each  case  of  reprieve,  com- 


CONSTITUTION  OF  OHIO. 


165 


mutation,  or  pardon,  granted,  stating  the  name  and  crime  of  the 
convict,  the  sentence,  its  date,  and  the  date  of  the  commutation, 
pardon,  or  reprieve,  with  his  reasons  therefor. 

Sec.  12.  There  shall  be  a seal  of  the  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him  officially  ; and  shall  be 
called  “ The  Great  Seal  of  the  State  of  Ohio.” 

Sec.  13.  All  grants  and  commissions  shall  be  issued  in  the 
name  and  by  the  authority  of  the  State  of  Ohio  ; sealed  with  the 
great  seal ; signed  by  the  Governor,  and  countersigned  by  the 
Secretary  of  State. 

Sec.  14.  No  member  of  Congress,  or  other  person  holding 
office  under  the  authority  of  this  State,  or  of  the  United  States, 
shall  execute  the  office  of  Governor,  except  as  herein  provided. 

Sec.  15.  In  case  of  the  death,  impeachment,  resignation, 
removal,  or  other  disability  of  the  Governor,  the  powers  and 
duties  of  the  office,  for  the  residue  of  the  term,  or  until  he  shall 
be  acquitted,  or  the  disability  removed,  shall  devolve  upon  the 
Lieutenant-Governor. 

Sec.  16.  The  Lieutenant-Governor  shall  be  president  of  the 
Senate,  but  shall  vote  when  the  Senate  is  equally  divided  ; and 
in  case  of  his  absence  or  impeachment,  or  when  he  shall  exercise 
the  office  of  Governor,  the  Senate  shall  choose  a president  pro 
tempore. 

Sec.  17.  If  the  Lieutenant-Governor,  while  executing  the  office 
of  Governor,  shall  be  impeached,  displaced,  resign  or  die,  or  other* 
wise  become  incapable  of  performing  the  duties  of  the  office,  the 
president  of  the  Senate  shall  act  as  Governor  until  the  vacancy 
is  filled,  or  the  disability  removed  ; and  if  the  president  of  the 
Senate,  for  any  of  the  above  causes,  shall  be  rendered  incapable 
of  performing  the  duties  pertaining  to  the  office  of  Governor, 
the  same  shall  devolve  upon  the  speaker  of  the  House  of  Repre- 
sentatives. 

Sec.  18.  Should  the  office  of  Auditor,  Treasurer,  Secretary, 
or  Attorney-General,  become  vacant,  for  any  of  the  causes 
specified  in  the  fifteenth  section  of  this  article,  the  Governor 
shall  fill  the  vacancy  until  the  disability  is  removed,  or  a suc- 
cessor elected  and  qualified.  Every  such  vacancy  shall  be  filled 
by  election,  at  the  first  general  election  that  occurs  more  than 


166 


CONSTITUTION  OF  OHIO. 


thirty  days  after  it  shall  have  happened  ; and  the  person  chos“en 
shall  hold  the  office  for  the  full  term  fixed  in  the  second  section 
of  this  article. 

Sec.  19.  The  officers  mentioned  in  this  article  shall,  at  stated 
times,  receive  for  their  services,  a compensation  to  he  established 
by  law,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  they  shall  have  been  elected. 

Sec.  20.  The  officers  of  the  executive  department  and  of  the 
public  State  institutions  shall,  at  least  five  days  preceding  each 
regular  session  of  the  Oeneral  Assembly,  severally  report  to  the 
Governor,  who  shall  transmit  such  reports,  with  his  message, 
to  the  General  Assembly. 

ARTICLE  IV. 

Judicial, 

Section  1.  The  judicial  power  of  the  State  is  vested  in  a 
Supreme  Court,  Circuit  Courts,  Courts  of  Common  Pleas,  Courts 
of  Probate,  justices  of  the  peace,  and  such  other  courts  inferior 
to  the  Supreme  Court,  as  the  General  Assembly  may,  from  time 
to  time,  establish. 

Sec.  2.  The  Supreme  Court  shall,  until  otherwise  provided 
by  law,  consist  of  five  judges,  a majority  of  whom  competent  to 
sit  shall  be  necessary  to  form  a quorum  or  to  pronounce  a 
decision,  except  as  hereinafter  provided.  It  shall  have  original 
jurisdiction  in  quo  warranto,  mandamus,  habeas  corpus  and 
procedendo,  and  such  appellate  jurisdiction  as  may  be  provided 
by  law\  It  shall  hold  at  least  one  term  in  each  year  at  the  seat 
of  government,  and  such  other  terms,  there  or  elsewhere,  as  may 
be  provided  by  law.  The  judges  of  the  Supreme  Court  shall  be 
elected  by  the  electors  of  the  State  at  large,  for  such  term,  not 
less  than  five  years,  as  the  General  iVssembly  may  prescribe,  and 
they  shall  be  elected  and  their  official  term  shall  begin  at  such 
time  as  may  be  fixed  by  law.  In  case  the  General  Assembly 
shall  increase  the  number  of  such  judges,  the  first  term  of  each 
of  such  additional  judges  shall  be  such,  that  in  each  year  after 
their  first  election,  an  equal  number  of  judges  of  the  Supreme 
Court  shall  be  elected,  except  in  elections  to  fill  vacancies  ; and 
whenever  the  number  of  such  judges  shall  be  increased,  the 
General  Assembly  may  authorize  such  court  to  organize  divisions 
thereof,  not  exceeding  three,  each  division  to  consist  of  an  equal 


CONSTITUTION  OF  OHIO. 


IGT 


number  of  judges;  for  the  adjudication  of  cases,  a majority  of 
each  division  shall  constitute  a quoinim,  and  such  an  assignment 
of  the  cases  to  each  division  may  be  made  as  such  court  may 
deem  expedient,  but  whenever  all  the  judges  of  either  division 
hearing  a case  shall  not  concur  as  to  the  judgment  to  be  rendered 
therein,  or  wherever  a case  shall  involve  the  constitutionality 
of  an  act  of  the  General  Assembly  or  an  act  of  Congress,  it  shall 
be  reserved  to  the  whole  court  for  adjudication. 

Sec.  3.  The  State  shall  be  divided  into  nine  common  pleas 
districts,  of  which  the  county  of  Hamilton  shall  constitute  one, 
of  compact  territory,  and  bounded  by  county  lines,  and  each  of 
said  districts,  consisting  of  three  or  more  counties,  shall  be  sub- 
divided into  three  parts  of  compact  territory  bounded  by  county 
lines,  and  as  nearly  equal  in  population  as  practicable  ; in  each 
of  which,  one  judge  of  the  Court  of  Common  Pleas  for  said  dis- 
trict, and  residing  therein,  shall  be  elected  by  the  electors  of 
said  sub-division.  Courts  of  Common  Pleas  shall  be  held  by 
one  or  more  of  these  judges,  in  exery  county  in  the  district,  as 
often  as  may  be  provided  by  law  ; and  more  than  one  court,  or 
sitting  thereof,  may  be  held  at  the  same  time  in  each  district. 

Sec.  4.  The  jurisdiction  of  the  Court  of  Common  Pleas,  and 
the  judges  thereof,  shall  be  fixed  by  law. 

Sec.  5.  (Repealed  October  9,  1883  ; 80  v.  382.) 

Sec.  6.  The  Circuit  Court  shall  have  like  original  jurisdiction 
with  the  Supreme  Court,  and  such  appellate  jurisdiction  as  may 
be  proAuded  by  law.  Such  courts  shall  be  composed  of  such 
numbers  of  judges  as  may  be  proA'ided  by  law,  and  shall  be  held 
in  each  county  at  least  once  in  each  year.  The  number  of  cir- 
cuits, and  the  boundaries  thereof,  shall  be  prescribed  bA-  law. 
Such  judges  shall  be  elected  in  each  circuit  by  the  electors 
thereof,  and  at  such  time  and  for  such  term  as  may  be  prescribed 
by  law,  and  the  same  number  shall  be  elected  in  each  circuit. 
Each  judge  shall  be  competent  to  exercise  his  judicial  powers  in 
any  circuit.  The  General  Assembly  may  change,  from  time  to 
time,  the  number  or  boundaries  of  the  circuits. 

Sec.  7.  There  shall  be  established  in  each  county  a Probate 
Court,  Avhich  shall  be  a court  of  record,  open  at  all  times,  and 
holden  by  one  judge,  elected  by  the  Alters  of  the  county,  Avho 
shall  hold  his  office  for  the  term  of  three  years,  and  shall  receive 
such  compensation,  payable  out  of  the  county  treasury,  or  by  fees^ 
or  both,  as  shall  be  provided  by  laAV. 


168 


CONSTITUTION  OF  OHIO. 


Sec.  8.  The  Probate  Court  shall  have  jurisdiction  in  probate 
and  testamentary  matters,  the  appointment  of  administrators 
and  guardians,  the  settlement  of  the  accounts  of  executors, 
administrators  and  guardians,  and  such  jurisdiction  in  habeas 
corpus,  the  issuing  of  marriage  licenses,  and  for  the  sale  of  land 
by  executors^  administrators  and  guardians,  and  such  other 
jurisdiction  in  any  county  or  counties'  as  may  be  provided  by 
law. 

Sec.  9.  A competent  number  of  justices  of  the  peace  shall  be 
elected,  by  the  electors,  in  each  township  in  the  several  counties. 
Their  term  of  office  shall  be  three  years,  and  their  powers  and 
duties  shall  be  regulated  by  law. 

Sec.  10.  All  judges,  other  than  those  provided  for  in  this 
Constitution,  shall  be  elected  by  the  electors  of  the  judicial  dis- 
trict for  which  they  may  be  created,  but  not  for  a longer  term 
of  office  than  five  years. 

Sec.  11.  (Kepealed  October  9,  1883;  80  v.  382.) 

Sec.  12.  The  judges  of  the  Courts  of  Common  Pleas  shall, 
while  in  office,  reside  in  the  district  for  which  they  are  elected; 
and  their  term  of  office  shall  be  for  five  years. 

Sec.  13.  In  case  the  office  of  any  judge  shall  become  vacant 
before  the  expiration  of  the  regular  term  for  which  he  was 
elected,  the  vacancy  shall  be  filled  by  appointment  by  the  Gov- 
ernor, until  a successor  is  elected  and  qualified;  and  such  sue 
cessor  shall  be  elected  for  the  unexpired  term,  at  the  first  annual 
election  that  occurs  more  than  thirty  days  after  the  vacancy 
shall  have  happened. 

Sec.  14.  The  judges  of  the  Supreme  Court  (of  the  Circuit 
Court),  and  of  the  Court  of  Common  Pleas,  shall,  at  stated  times, 
receive  for  their  services,  such  compensation  as  shall  be  provided 
by  la  w,  which  shall  not  be  diminished,  or  increased,  during  their 
term  of  office;  but  they  shall  receive  no  fees  or  perquisites,  nor 
hold  any  other  office  of  profit  or  trust  under  the  authority  of  this 
State,  or  the  United  States.  All  votesl  for  either  of  them,  for 
any  elective  office,  except  a judicial  office,  under  the  authority 
of  this  State,  given  by  the  General  Assembly,  or  the  people,  shall 
be  void. 

Sec.  15.  The  General  Assembly  may  increase,  or  diminish, 
the  number  of  the  judges  of  the  Supreme  Court,  the  number  of 
the  districts  of  the  Court  of  Common  Pleas,  the  number  of  judges 


CONSTITUTION  OF  OHIO. 


169 


in  any  district,  change  the  districts,  or  subdivisions  thereof,  or 
establish  other  courts,  whenever  two-thirds  of  the  membei*s 
elected  to  each  house  shall  concur  therein;  but  no  such  change, 
addition  or  diminution  shall  vacate  the  office  of  any  judge. 

Sec.  16.  There  shall  be  elected  in  each  county,  by  the  elec- 
tors thereof,  one  clerk  of  the  Court  of  Common  Pleas,  who  shall 
hold  his 'office  for  the  term  of  three  years,  and  until  his  succes- 
sor shall  be  elected  and  qualified.  He  shall,  by  virtue  of  his 
office,  be  clerk  of  all  other  courts  of  record  held  therein;  but 
the  General  Assembly  may  provide,  by  law,  for  the  election  of  a 
clerk,  with  a like  term  of  office,  for  each  or  any  other  of  the 
courts  of  record,  and  may  authonze  the  judge  of  the  Probate 
Court  to  perform  the  duties  of  clerk  for  his’  court,  under  such 
regulations  as  may  be  directed  by  law.  Clerks  of  courts  shall  be 
removable  for  such  cause  and  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  IT.  Judges  may  be  removed  from  office  by  concurrent 
resolution  of  both  houses  of  the  General  Assembly,  if  two-thirds 
of  the  members  elected  to  each  house  concur  therein;  but  no 
such  removal  shall  be  made,  except  upon  complaint,  the  sub- 
stance of  which  shall  be  entered  on  the  journal,  nor,  until  the 
party  charged  shall  have  had  notice  thereof,  and  an  opportunity 
to  be  heard. 

Sec.  18.  The  several  judges  of  the  Supreme  Court  (of  the 
Circuit  Court),  of  the  Common  Pleas  (Court),  and  of  such  other 
courts  as  may  be  created,  shall,  respectively,  have  and  exercise 
such  power  and  jurisdiction,  at  chambers  or  otherwise,  as  may 
be  directed  by  law. 

Sec.  19.  The  General  Assembly  may  establish  courts  of  con- 
ciliation, and  prescribe  their  powers  and  duties;  but  such  courts 
shall  not  render  final  judgment  in  any  case,  except  upon  sub- 
mission, by  the  parties,  of  the  matter  in  dispute,  and  their  agree- 
ment  to  abide  such  judgment. 

Sec.  20.  The  style  of  all  process  shall  be  “ The  State  of  Ohio 
all  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  State  of  Ohio;  and  all  indictments  shall  con- 
clude, against  the  peace  and  dignity  of  the  State  of  Ohio.” 

Sec.  21.  A commission,  which  shall  consist  of  five  members, 
shall  be  appointed  by  the  Governor,  with  the  advice  and  consent 
of  the  Senate,  the  members  of  which  shall  hold  office  for  the 


170 


CONSTITUTION  OF  OHIO. 


term  of  three  years  from  and  after  the  first  day  of  February, 
3870,  to  dispose  of  such  part  of  the  business  then  on  the  dockets 
of  the  Supreme  Court  as  shall,  by  arrangement  between  said 
commission  and  said  court,  be  transferred  to  such  commission; 
and  said  commission  shall  have  like  jurisdiction  and  power  in 
rt^spect  to  such  business  as  are  or  may  be  vested  in  said  court; 
and  the  members  of  said  commission  shall  receive  a like  com- 
pensation for  the  time  being  with  the  judges  of  the  said  court, 
A majority  of  the  members  of  said  commission  shall  be  neces- 
sary to  form  a quorum  or  pronounce  a decision,  and  its  decision 
shall  be  certified,  entered  and  enforced  as  the  judgments  of  the 
Supreme  Court,  and  at  the  expiration  of  said  commission  all 
business  undisposed  of  shall  by  it  be  certified  to  the  Supreme 
Court,  and  disposed  of  as  if  said  commission  had  never  existed. 
The  clerk  and  reporter  of  said  court  shall  be  the  clerk  and 
rexK)rter  of  said  commission,  and  the  commission  shall  have  such 
other  attendants,  not  exceeding  in  number  those  provided  by  law 
for  said  court,  which  attendants  said  commission  may  appoint 
and  remove  at  its  pleasure.  Any  vacancy  occurring  in  said  com- 
mission shall  be  filled  by  appointment  of  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  if  the  Senate  be  in  session; 
and  if  the  Senate  be  not  in  session,  by  the  Governor;  but  in 
such  last  case,  such  appointment  shall  expire  at  the  end  of  the 
next  session  of  the  General  Assembly.  The  General  Assembly 
may,  on  application  of  the  Supreme  Court,  duly  entered  on  the 
journal  of  the  court  and  certified,  provide  by  law,  whenever 
two-thirds  of  each  house  shall  concur  therein,  from  time  to  time, 
for  the  appointment  in  like  manner  of  a like  commission  with 
like  powers,  jurisdiction  and  duties:  Provided,  That  the  term 

of  any  such  commission  shall  not  exceed  two  yeai*s,  nor  shah,  it 
be  created  oftener  than  once  in  ten  years. 

ARTICLE  V. 

Elective  Franchise. 

Section  3.  Every  white  male  citizen  of  the  United  States,  of 
the  age  of  twenty-one  years,  who  shall  have  been  a resident  of 
the  State  one  year  next  preceding  the  election,  and  of  the  county, 
township  or  ward  in  which  he  resides,  such  time  as  may  be  pro- 
vided by  law,  shall  have  the  qualifications  of  an  elector,  and  be 
entitled  to  vote  at  all  elections. 


CONSTITUTION  OF  OHIO. 


171 


Sec.  2.  All  elections  shall  be  by  ballot. 

Sec.  3.  Electors  during  their  attendance  at  elections,  and  in 
going  to  and  returning  therefrom,  shall  be  prHileged  from  arrest 
in  all  cases  except  treason,  felony  and  breach  of  the  peace. 

Sec.  4.  The  General  Assembly  shall  haxe  power  to  exclude 
from  the  privilege  of  voting,  or  of  being  eligible  to  office,  any 
person  convicted  of  bribery,  perjury  or  other  infamous  crime. 

Sec.  5.  No  person  in  the  military,  naval  or  marine  seiwice  of 
the  United  States,  shall,  by  being  stationed  in  any  garrison,  mili- 
tary or  naval  station,  within  the  State,  be  considered  a resident 
of  this  State. 

Sec.  6.  No  idiot  or  insane  person  shall  be  entitled  to  the 
privileges  of  an  elector. 

AKTICLE  Yl. 

Education. 

Section  1.  The  principal  of  all  funds  arising  from  the  sale 
or  other  disposition  of  lands  or  other  property  granted  or 
intrusted  to  this  State  for  educational  or  religious  purposes,  shall 
forever  be  preserved  inviolate  and  undiminished;  and  the  income 
arising  therefrom  shall  be  faithfully  applied  to  the  specific 
objects  of  the  original  grants  or  appropifiations. 

Sec.  2.  The  General  Assembly  shall  make  such  provisions  by 
taxation  or  otherwise,  as,  with  the  income  arising  from  the 
school  tnist  fund,  w^ill  secure  a thorough  and  efficient  system  of 
common  schools  throughout  the  State,  but  no  religious  or  other 
sect  or  sects  shall  ever  have  any  exclusive  right  to,  or  control  of, 
any  part  of  the  school  funds  of  this  State. 

AETICLE  VII. 

Public  Institutions. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind 
and  deaf  and  dumb  shall  always  be  fostered  and  supported  by  the 
State,  and  be  subject  to  such  regulations  as  may  be  prescribed 
by  the  General  Assembly.  ” 

Sec.  2.  The  directors  of  the  penitentiary  shall  be  appointed 
or  elected  in  such  manner  as  the  General  Assembly  may  direct; 
and  the  trustees  of  the  benevolent  and  other  State  institutions 
now  elected  by  the  General  Assembly,  and  of  such  other  State 
institutions  as  may  be  hereafter  created,  shall  be  appointed  by 


172 


CONSTITUTION  OF  OHIO. 


the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate; 
and  upon  all  nominations  made  by  the  Governor,  the  question 
shall  be  taken  by  yeas  and  nays,  and  entered  upon  the  journals 
of  the  Senate. 

Sec.  3.  The  Governor  shall  have  power  to  fill  all  vacancies 
that  may  occur  in  the  offices  aforesaid,  until  the  next  session  of 
the  General  Assembly,  and  until  a successor  to  his  appointee 
shall  be  confirmed  and  qualified. 

AKTICLE  VIII. 

Public  Debt  and  Public  Works. 

Section  1.  The  State  may  contract  debts  to  supply  casual 
deficits  or  failure  in  revenues,  or  to  meet  expenses  not  otherwise 
provided  for;  but  the  aggregate  amount  of  such  debts,  direct 
and  contingent,  whether  contracted  by  virtue  of  one  or  more 
acts  of  the  General  Assembly,  or  at  different  periods  of  time, 
shall  never  exceed  seven  hundred  and  fifty  thousand  dollars; 
and  the  money  arising  from  the  creation  of  such  debts  shall  be 
applied  to  the  purpose  for  which  it  was  obtained,  or  to  repay 
the  debts  so  contracted,  and  to  no  other  purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power,  the  State  may 
contract  debts  to  repel  invasion,  suppress  insurrection,  defend 
the  State  in  war,  or  to  redeem  the  present  outstanding  indebted- 
ness of  the  State;  but  the  money  arising  from  the  contracting 
of  such  debts  shall  be  applied  toi  the  purpose  for  which  it  is 
raised,  or  to  repay  such  debts,  and  to  no  other  purpose  whatever; 
and  all  debts  incurred  to  redeem  the  present  outstanding  indebt- 
edness of  the  State,  shall  be  so  contracted  as  to  be  payable  by 
the  sinking  fund,  hereinafter  provided  for,  as  the  same  shall 
accumulate. 

Sec.  3.  Except  the  debts  above  specified  in  sections  one  and 
two  of  this  article,  no  debt  whatever  shall  hereafter  be  created 
by  or  on  behalf  of  the  State. 

Sec.  4.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association  or 
corporation  whatever;  nor  shall  the  State  ever  hereafter  become 
a joint  owner  or  stockholder  in  any  company  or  association  in 
this  State,  or  elsewhere  formed,  for  any  purpose  whatever. 

Sec.  5.  The  State  shall  never  assume  the  debts  of  any  county, 
city,  town  or  township,  or  of  any  corporation  whatever,  unless 


CONSTITUTION  OF  OHIO. 


173 


such  debt  shall  have  been  created  to  repel  invasion,  suppress 
insurrection  or  defend  the  State  in  war. 

Sec.  6.  The  General  Assembly  shall  never  authorize  any 
county,  city,  town  or  township,  by  vote  of  its  citizens  or  other- 
wise, to  become  a stockholder  in  any  joint-stock  company,  cor- 
poration or  association  whatever;  or  to  raise  money  for,  or  loan 
its  credit  to,  or  in  aid  of,  such  company,  corporation  or  associa- 
tion. 

Sec.  ■ 7.  The  faith  of  the  State  being  pledged  for  the  payment 
of  its  public  debt,  in  order  to  provide  therefor,  there  shall  be 
created  a sinking  fund,  which  shall  be  sufficient  to  pay  the 
accruing  interest  on  such  debt,  and  annually,  to  reduce  the  prin- 
cipal thereof,  by  a sum  not  less  than  one  hundred  thousand  dol- 
lars, increased  yearly,  and  each  and  every  year,  by  compounding, 
at  the  rate  of  six  per  cent  per  annum.  The  said  sinking  fund 
shall  consist  of  the  net  annual  income  of  the  public  works  and 
stocks  owned  by  the  State,  of  any  other  funds  or  resources  that 
are,  or  may  be,  provided  by  law,  and  of  such  further  sum,  to  be 
raised  by  taxation,  as  may  be  required  for  the  purposes  aforesaid. 

Sec.  8.  The  Auditor  of  State,  Secretary  of  State  and  Attor- 
ney-General are  hereby  created  a board  of  commissioners,  to  be 
styled,  ^^The  Commissioners  of  the  Sinking  Fund.” 

Sec.  9.  The  Commisssioners  of  the  Sinking  Fund  shall,  imme- 
diately preceding  each  regular  session  of  the  General  Assembly, 
make  an  estimate  of  the  probable  amount  of  the  fund  provided 
for  in  the  seventh  section  of  this  article,  from  all  sources  except 
from  taxation,  and  report  the  same,  together  with  all  their  pro- 
ceedings relative  to  said  fund  and  the  public  debt,  to  the  Gov- 
ernor, who  shaU  transmit  the  same  with  his  regular  message  to 
the  General  Assembly;  and  the  General  Assembly  shall  make  all 
necessary  provision  for  raising  and  disbursing  said  sinking  fund, 
in  pursuance  of  the  provisions  of  this  article. 

Sec.  10.  It  shall  be  the  duty  of  the  said  commissioners  faith- 
fully to  apply  said  fund,  together  with  all  moneys  that  may  be, 
by  the  General  Assembly,  appropriated  to  that  object,  to  the  pay- 
ment of  the  interest,  as  it  becomes  due,  and  the  redemption  of 
the  principal  of  the  public  debt  of  the  State,  excepting  only  th^ 
school  and  trust  funds  held  by  the  State. 

Sec.  11.  The  said  commissioners  shall,  semi-annuaUy,  make  a 
full  and  detailed  report  of  their  proceedings  to  the  Governor, 


174 


CONSTITUTION  OF  OHIO. 


who  shall  immediately  cause  the  same  to  be  published,  and  shall 
also  communicate  the  same  to  the  Oeneral  Assembly  forthwith, 
if  it  be  in  session,  and  if  not,  then  at  its  first  session,  after  such 
report  shall  be  made. 

Sec.  12.  So  long  as  this  State  shall  have  public  works  which 
require  superintendence,  there  shall  be  a Board  of  Public  Works, 
to  consist  of  three  members,  who  shall  be  elected  by  the  people 
at  the  first  general  election  after  the  adoption  of  this  Constitu- 
tion, one  for  the  term  of  one  year,  and  one  for  the  term  of  two 
years,  and  one  for  the  term  of  three  years;  and  one  member  of 
said  board  shall  be  elected  annually  thereafter,  who  shall  hold 
his  office  for  three  years. 

Sec.  13.  The  powers  and  duties  of  said  Board  of  Public 
Works,  and  its  several  members,  and  their  compensation,  shall 
be  such  as  noTv  are,  or  may  be,  prescribed  by  law. 

ARTICLE  IX. 

Military. 

Section  1.  All  white  male  citizens,  residents  of  this  State, 
being  mghteen  years  of  age,  and  under  the  age  of  forty-five  years, 
shall  be  enrolled  in  the  militia,  and  perform  military  duty,  in  such 
manner  not  incompatible  with  the  Constitution  and  laws  of  the 
United  States,  as  may  be  prescribed  by  law. 

Sec.  2.  Majors-general,  brigadiers-general,  colonels,  lieutenant- 
colonels,  majors,  captains  and  subalterns  shall  be  elected  by  the 
persons  subject  to  military  duty,  in  their  respective  districts. 

Sec.  3.  The  Governor  shall  appoint  the  adjutant-general, 
quartermaster-general  and  such  other  staff  officers  as  may  be 
provided  for  by  law.  Majors-general,  brigadiers-general,  colonels, 
or  commandants  of  regiments,  battalions  or  squadrons,  shall, 
severally,  appoint  their  staff,  and  captains  shall  appoint  their 
non-commissioned  officers  and  musicians. 

Sec.  4.  The  Governor  shall  commission  all  officers  of  the  line 
and  staff,  ranking  as  such;  and  shall  have  power  to  call  forth 
.the  militia  to  execute  the  laws  of  the  State,  to  suppress  insur- 
rection and  repel  invasion. 

Sec.  5.  The  General  Assembly  shall  provide,  by  law,  for  the 
protection  and  safe  keeping  of  the  public  arms. 


CONSTITUTION  OF  OHIO. 


175 


AETICLE  X. 

County  and  l^ownship  Organizations. 

Section  1.  The  General  Assembly  shaU  provide,  by  law,  for 
the  election  of  such  county  and  township  officers  as  may  be 
necessary. 

Sec.  2.  County  officers  shall  be  elected  on  the  first  Tuesday 
after  the  first  Monday  in  November,  by  the  electors  in  each 
county,  in  such  manner  and  for  such  term,  not  exceeding  three 
years,  as  may  be  provided  by  law. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  sheriff,  or 
county  treasurer,  for  more  than  four  years,  in  any  period  of  six 
years. 

Sec.  4.  Township  officers  shall  be  elected  by  the  electors  of 
each  township  at  such  time,  in  such  manner,  and  for  such  term, 
not  exceeding  three  years,  as  may  be  pro^dded  by  law;  but 
shall  hold  their  offices  until  their  successors  are  elected  and 
qualified. 

Sec.  5.  No  money  shall  be  drawn  from  any  county  or  town- 
ship treasury  except  by  authority  of  law. 

Sec.  6.  Justices  of  the  peace  and  county  and  township  officers 
may  be  removed  in  such  manner  and  for  such  cause  as  shall  be 
prescribed  by  law. 

Sec.  7.  The  commissioners  of  counties,  the  trustees  of  town- 
ships and  similar  boards  shall  have  such  power  of  local  taxation 
for  police  purposes,  as  may  be  prescribed  by  law. 

AETICLE  XL 
A pportionment. 

Section  1.  The  apportionment  of  this  State  for  members  of 
the  General  Assembly  shall  be  made  every  ten  years,  after  the 
year  one  thousand  eight  hundred  and  fifty-one,  in  the  following 
manner:  The  whole  population  of  the  State,  as  ascertained  by 
the  federal  census,  or  in  such  other  mode  as  the  General  Assem- 
bly may  direct,  shall  be  divided  by  the  number  “one  hundred,” 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  House 
of  Eepresentatives,  for  ten  years  next  succeeding  such  apportion- 
ment. 

Sec.  2.  Every  county  having  a population  equal  to  one-half  of 
said  ratio  shall  be  entitled  to  one  Eepresentative;  every  county 


17G 


CONSTITUTION  OF  OHIO. 


containing  said  ratio  and  three-fourths  over  shall  be  entitled  to 
two  Eepresentatives ; every  county  containing  three  times  said 
ratio  shall  be  entitled  to  three  Eepresentatives,  and  so  on,  requir- 
ing after  the  first  two  an  entire  ratio  for  each  additional  Eepre- 
sentative. 

Sec.  3.  When  any  county  shall  have  a fraction  above  the 
ratio,  so  large  that,  being  multiplied  by  five,  the  result  wHl  be 
equal  to  one  or  more  ratios,  additional  Eepresentatives  shall  be 
apportioned  for  such  ratios,  among  the  several  sessions  of  the 
decennial  period,  in  the  following  manner:  If  there  be  only  one 
ratio,  a Eepresentative  shall  be  allotted  to  the  fifth  session  of  the 
decennial  period;  if  there  are  two  ratios,  a Eepresentative  shall 
be  allotted  to  the  fourth  and  third  sessions,  respectively;  if 
three,  to  the  third,  second  and  first  sessions,  respectively;  if 
four,  to  the  fourth,  third,  second  and  first  sessions,  respectively. 

Sec.  4.  Any  county  forming  with  another  county  or  counties 
a Eepresentative  district  during  one  decennial  period,  if  it  have 
acquired  sufficient  population  at  the  next  decennial  period,  shall 
be  entitled  to  a separate  representation,  if  there  shall  b6  left, 
in  the  district  from  which  it  shall  have  been  separated,  a popu* 
lation  sufficient  for  a Eepresentative;  but  no  such  change  shall 
be  made,  except  at  the  regular  decennial  period  for  the  apportion- 
ment of  Eepresentatives. 

Sec.  5.  If,  in  fixing  any  subsequent  ratio,  a county  previously 
entitled  to  a separate  representation  shall  have  less  than  the 
number  required  by  the  new  ratio  for  a Eepresentative,  such 
county  shall  be  attached  to  the  county  adjoining  it,  having  the 
least  number  of  inhabitants;  and  the  representation  of  the  dis- 
trict so  formed  shall  be  determined  as  herein  provided. 

Sec.  6.  The  ratio  for  a Senator  shall  forever,  hereafter,  be 
ascertained,  by  dividing  the  whole  population  of  the  State  by 
the  number  thirty-five. 

Sec.  7.  The  State  is  hereby  divided  into  thirty-three  sena- 
torial districts,  as  follows:  The  county  of  Hamilton  shall  consti- 
tute the  first  senatorial  district;  the  counties  of  Butler  and  War- 
ren, the  second;  Montgomery  and  Preble,  the  third;  Clermont 
and  Brown,  the  fourth;  Greene,  Clinton  and  Fayette,  the  fifth; 
Eoss  and  Highland,  the  sixth;  Adam,  Pike,  Scioto  and  Jackson, 
the  seventh;  Lawrence,  Gallia,  Meigs  and  Vinton,  the  eighth; 
Athens,  Hocking  and  Fairfield,  the  ninth;  Franklin  and  Pick- 


COXSTITUTIOX  OF  OHIO. 


177 


away,  the  tenth;  Clark,  Champaign  and  Madison,  the  eleventh; 
Miami,  Darke  and  Shelby,  the  twelfth;  Logan,  Union,  Marion 
and  Hardin,  the  thirteenth;  Washington  and  Morgan,  the  four- 
teenth; Muskingum  and  Perry,  the  fifteenth;  • Delaware  and 
Licking,  the  sixteenth;  Knox  and  Morrow,  the  seventeenth; 
Coshocton  and  Tuscarawas,  the  eighteenth;  Guernsey  and  Mon- 
roe, the  nineteenth;  Belmont  and  Harrison,  the  twentieth;  Car- 
roU  and  Stark,  the  twenty-first;  Jefferson  and  Columbiana,  the 
twenty-second;  Trumbull  and  Mahoning,  the  twenty-third;  Ash- 
tabula, Lake  and  Geauga,  the  twenty-fourth;  Cuyahoga,  the 
twenty-fifth;  Portage  and  Summit,  the  twenty-sixth;  Medina 
and  Lorain,  the  twenty-seventh;  Wayne  and  Holmes,  the  twenty- 
eighth;  Ashland  and  Kichland,  the  twenty-ninth;  Huron,  Erie, 
Sandusky  and  Ottawa,  the  thirtieth;  Seneca,  Crawford  and 
Wyandot,  the  thirty-first;  Mercer,  Auglaize,  Allen,  Van  Wert, 
Paulding,  Defiance  and  Williams,  the  thirty-second;  and  Han- 
cock, Wood,  Lucas,  Fulton,  Henry  and  Putnam,  the  thirty-third. 
For  the  first  decennial  period  of  the  adoption  of  this  Constitu- 
tion each  of  said  districts  shall  be  entitled  to  one  Senator, 
except  the  first  district,  which  shall  be  entitled  to  three  Senators. 

Sec.  8.  The  same  rules  shall  be  applied  in  apportioning  the 
fractions  of  senatorial  districts,  and  in  annexing  districts,  which 
may  hereafter  have  less  than  three-fourths  of  a senatorial  ratio, 
as  are  applied  to  Representative  districts. 

Sec.  9.  Any  county  forming  part  of  a senatorial  district  hav- 
ing acquired  a population  equal  to  a full  senatorial  ratio,  shall 
be  made  a separate  senatorial  district,  at  any  regular  decennia 
apportionment,  if  a full  senatorial  ratio  shall  be  left  in  the  dis- 
trict from  which  it  shall  be  taken. 

Sec.  10.  For  the  first  ten  years  after  the  year  one  thousand 
eight  hundred  and  fifty-one,  the  apportionment  of  Representa- 
tives shall  be  as  provided  in  the  schedule,  and  no  change  shall 
ever  be  made  in  the  principles  of  representation  as  herein  estab- 
lished, or  in  the  senatorial  districts,  except  as  above  provided. 
All  territory  belonging  to  a county  at  the  time  of  any  apportion- 
ment, shall,  as  to  the  right  of  representation  and  suffrage,  remain 
an  integral  part  thereof  during  the  decennial  period. 

Sec.  11.  The  Governor,  Auditor  and  Secretary  of  State,  or  any 
two  of  them,  shall,  at  least  six  months  prior  to  the  October  elec- 
12 


178 


CONSTITUTION  OF  OHIO. 


tion,  in  the  year  one  thousand  eight  hundred  and  sixty-one,  and 
at  each  decennial  period  thereafter,  ascertain  and  determine 
the  ratio  of  representation,  according  to  the  decennial  census, 
the  number  of  Bepresentatives  and  Senators  each  county  or 
district  shall  be  entitled  to  elect  and  for  what  years,  within  the 
next  ensuing  ten  years,  and  the  Grovemor  shall  cause  the  same 
to  be  published,  in  such  manner  as  shall  be  directed  by  law. 

Judicial  Apportionment. 

Sec.  12.  For  judicial  purposes  the  State  shah,  be  apportioned 
as  follows: 

The  county  of  Hamilton  shall  constitute  the  first  district, 
which  shall  not  be  subdivided;  and  the  judges  therein  may  hold 
separate  courts  or  separate  sittings  of  the  same  court  at  the 
same  time. 

The  counties  of  Butler,  Preble  and  Darke  shall  constitute  the 
first  subdivision;  Montgomery,  Miami  and  Champaign,  the 
second,  and  Warren,  Clinton,  Grreene  and  Clark,  the  third  sub- 
division of  the  second  district,  and,  together,  shall  form  such 
distri'ct. 

The  counties  of  Shelby,  Auglaize,  Allen,  Hardin,  Logan,  Union 
and  Marion  shall  constitute  the  first  subdivision;  Mercer,  Van 
Wert,  Putnam,  Paulding,  Defiance,  Williams,  Henry  and  Fulton, 
the  second,  and  Wood,  Seneca,  Hancock,  Wyandot  and  Crawford, 
the  third  subdivision  of  the  third  district,  and,  together,  shall 
form  such  district 

The  counties  of  Lucas,  Ottawa,  Sandusky,  Erie  and  Huron 
shall  constitute  the  first  subdivision;  Lorain,  Medina  and  Sum- 
mit, the  second,  and  the  county  of  Cuyahoga,  the  third  subdivi- 
sion of  the  fourth  district,  and,  together,  shall  form  such  district. 

The  counties  of  Clermont,  Brown  and  Adams  shall  constitute 
the  first  subdivision;  Highland,  Boss  and  Fayette,  the  second, 
and  Pickaway,  Franklin  and  Madison,  the  third  subdivision  of 
the  fifth  district,  and,  together,  shall  form  such  district. 

The  counties  of  Licking,  Knox  and  Delaware  shall  constitute 
the  first  subdivision;  Morrow,  Kichland  and  Ashland,  the  second; 
and  Wayne,  Holmes  and  Coshocton,  the  third  subdivision  of  the 
sixth  district,  and,  together,  shall  form  such  district. 

The  counties  of  Fairfield,  Perry  and  Hocking  shall  constitute 
the  first  subdivision;  Jackson,  Vinton,  Pike,  Scioto  and  Law- 


CONSTITUTION  OF  OHIO. 


179 

pence,  the  second,  and  Gallia,  Meigs,  Athens  and  Washington 
the  third  subdivision  of  the  seventh  district,  and,  together,  shaU 
form  such  district 

The  counties  of  Muskingum  and  Morgan  shall  constitute  the 
first  subdmsio^  Guernsey,  Belmont  and  Monroe,  the  second, 
and  Jefferson  Harrison  and  Tuscarawas,  the  third  subdivision 
of  the  eighth  district,  and,  together,  shall  form  such  district 
The  counties  of  Stark,  CarroU  and  Columbiana  shaU  constitute 
the  first  subdivision;  Trumbull,  Portage  and  Mahoning  the 
second,  and  Geauga,  Lake  and  Ashtabula,  the  third  subdMsion 
of  the  ninth  district,  and,  together,  shaU  form  such  district 

Sec.  13.  The  General  Assembly  shaU  attach  any  new  counties 
•that  may  hereafter  be  erected  to  such  districts  or  subdivisions 
thereof  as  shall  be  the  most  convenient. 

ARTICLE  Xn. 

Finance  and  Taxation. 

Section  1.  The  levying  of  taxes  by  the  poU  is  grievous  and 
oppressive;  therefore,  the  General  Assembly  shaU  never  levy  a 
poU  tax  for  county  or  State  purposes. 

Sec.  2.  Laws  shaU  be  passed  taxing  by  a uniform  rule  aU 
moneys,  credits,  investments  in  bonds,  stocks,  joint-stock  com- 
panies or  otherwisei  and  also  aU  real  and  personal  property 
accordmg  to  its  tree  value  in  money;  but  burying  grounds,  pub- 
he  school-houses,  houses  used  exclusively  for  pubUo  worship,  insti- 
tutions of  purely  public  charily,  public  property  used  exclusively 
Purpose,  and  personal  property  to  an  amount  not 
exceeding  in  value  two  hundred  doUars,  for  each  individual 
“lay,  y general  laws,  be  exempted  from  taxation;  but  all  such 
laws  shall  be  subjected  to  alterations  and  repeal;  and  the  value 
of  aU  property  so  exempted,  shaU,  from  time  to  time,  be  ascer- 
tamed  and  published,  as  may  be  directed  by  law. 

Sec.  3.  The  General  Assembly  shaU  provide  by  law  for  tax- 
ing the  notes  and  bUls  discounted  or  purchased-moneys  loaned 

Cuhofl  or  does,  of  eveiy  description,’ 

thout  deduction,  of  aU  banks  now  existing,  or  hereafter 
created,  and  of  aU  bankers,  so  that  aU  property,  employed  in 
banking  shaU  always  bear  a burden  of  taxation  equal  to  thS  ’ 
imposed  on  the  property  of  individuals. 


180 


CONSTITUTION  OF  OHIO. 


Sec.  4.  The  General  Assembly  shall  provide  for  raising  reve- 
nue sufficient  to  defray  the  expenses  of  the  State  for  each  year, 
and  also  a sufficient  sum  to  pay  the  interest  on  the  State  debt. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  of  law; 
and  every  law  imposing  a tax  shall  state  distinctly  the  object  of 
the  same,  to  which  only  it  shall  be  applied. 

Sec.  6.  The  State  shall  never  contract  any  debt  for  purposes 
of  internal  improvement. 

AKTICLE  Xin. 

Corporations. 

Section  1.  The  General  Assembly  shall  pass  no  special  act 
conferring  corporate  powers. 

Sec.  2.  Corporations  may  be  formed  under  general  laws;  but 
all  such  laws  may,  from  time  to  time,  be  altered  or  repealed. 

Sec.  3.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  stockholders  and  other  means,  as  may  be 
prescribed  by  law;  but  in  all  cases  each  stockholder  shall  be 
liable,  over  and  above  the  stock  by  him  or  her  owned,  and  any 
amount  unpaid  thereon,  to  a further  sum  at  least  equal  in  amount 
to  such  stock. 

Sec.  4.  The  property  of  corporations  now  existing  or  here- 
after created  shall  forever  be  subject  to  taxation,  the  same  as 
the  property  of  individuals. 

Sec.  5.  No  right  of  way  shall  be  appropriated  to  the  use  of 
any  corporation  until  full  compensation  therefor  be  first  made  in 
money,  or  first  secured  by  a deposit  of  money  to  the  owner, 
irrespective  of  any  benefit  from  any  improvement  proposed  by 
such  corporation,  which  compensation  shall  be  ascertained  by  a 
jury  of  twelve  men,  in  a court  of  record,  as  shall  be  prescribed 
by  law. 

Sec.  6.  The  General  Assembly  shall  provide  for  the  organiza- 
tion of  cities  and  incorporated  villages,  by  general  laws,  and 
restrict  their  power  of  taxation,  assessment,  borrowing  money, 
contracting  debts  and  loaning  their  credit,  so  as  to  prevent  the 
abuse  of  such  power. 

Sec.  7.  No  act  of  the  General  Assembly  authorizing  associa- 
tions with  banking  powers  shall  take  effect  until  it  shall  be  sub- 
mitted to  the  people,  at  the  general  election  next  succeeding  the 
passage  thereof,  and  be  approved  by  a majority  of  all  the  electors 
voting  at  such  election. 


CONSTITUTION  OF  OHIO. 


181 


ARTICLE  XIV. 

Jurisprudence. 

Section  1.  The  General  Assembly,  at  its  first  session  after 
the  adoption  of  this  Constitution,  shall  provide  for  the  appoint- 
ment of  three  commissioners,  and  prescnbe  their  tenure  of  office, 
compensation  and  the  mode  of  filling  vacancies  in  said  commis- 
sion. 

Sec.  2.  The  said  commissioners  shall  revise,  reform,  simplify 
and  abridge  the  practice,  pleadings,  forms  and  proceedings  of 
the  courts  of  record  of  this  State;  and,  as  far  as  practicable  and 
expedient,  shall  provide  for  the  abolition  of  the  distinct  forms  of 
actions  at  law,  now  in  use,  and  for  the  administration  of  jus- 
tice by  a uniform  mode  of  proceeding  without  reference  to  any 
distinction  between  law  and  equity. 

Sec.  3.  The  proceedings  of  the  commissioners  shall,  from 
time  to  time,  be  reported  to  the  General  Assembly,  and  be  sub- 
ject to  the  action  of  that  body. 

ARTICLE  XV. 

Miscellaneoios. 

Section  1.  Columbus  shall  be  the  seat  of  government  until 
otherwise  directed  by  law. 

Sec.  2.  The  printing  of  the  laws,  journals,  bills,  legislative 
documents  and  papers  for  each  branch  of  the  General  Assembly, 
with  the  printing  required  for  the  executive  and  other  depart- 
ments of  state,  shall  be  let  on  contract  to  the  lowest  bidder,  by 
such  executive  officers  and  in  such  manner  as  shall  be  prescribed 
by  law. 

Sec.  3.  An  accurate  and  detailed  statement  of  the  receipts 
and  expenditures  of  the  public  money,  the  several  amounts  paid, 
to  whom,  and  on  what  account,  shall,  from  time  to  time,  be 
published,  as  shall  be  prescribed  by  law. 

Sec.  4.  No  person  shall  be  elected  or  appointed  to  any  office  in 
this  State  unless  he  possesses  the  qualification  of  an  elector. 

Sec.  5.  No  person  shall  hereafter  fight  a duel,  assist  in  the 
same  as  second,  or  send,  accept  or  knowingly  carry,  a challenge 
therefor,  shall  hold  any  office  in  this  State. 

Sec.  6.  Lotteries  and  the  sale  of  lottery  tickets,  for  any  pur- 
pose whatever,  shall  forever  be  prohibited  in  this  State. 


182 


CONSTITUTION  OF  OHIO. 


Sec.  T.  Every  person  chosen  or  appointed  to  any  office  under 
this  State,  before  entering  upon  the  discharge  of  its  duties,  shall 
take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States,  and  of  this  State,  and  also  an  oath  of  office. 

Sec.  8.  There  may  be  established  in  the  Secretary  of  State’s 
office,  a bureau  of  statistics,  under  such  regulations  as  may  be 
prescribed  by  law. 

Sec.  9.  No  license  to  traffic  in  intoxicating  liquors  shall  here' 
after  be  granted  in  this  State;  but  the  General  Assembly  may, 
by  law,  provide  against  evils  resulting  therefrom. 

AETICLE  XVI. 

Amendments. 

Section  1.  Either  branch  of  the  General  Assembly  may  pro- 
pose amendments  to  this  Constitution ; and,  if  the  same  shall  be 
agreed  to  by  three-fifths  of  the  members  elected  to  each  house, 
such  proposed  amendments  shall  be  entered  on  the  journals, 
with  the  yeas  and  nays,  and  shall  be  published  in  at  least  one 
newspaper  in  each  county  of  the  State,  where  a newspaper  is 
published,  for  six  months  preceding  the  next  election  for  Sena- 
tors and  Eepresentatives,  at  which  time  the  same  shall  be  sub- 
mitted to  the  electors  for  their  approval  or  rejection;  and  if  a 
majority  of  the  electors  voting  at  such  election  shall  adopt  such 
amendments,  the  same  shall  become  a part  of  the  Constitution. 
When  more  than  one  amendment  shall  be  submitted  at  the  same 
time,  they  shall  be  so  submitted  as  to  enable  the  electors  to  vote 
on  each  amendment  separately. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly  shall  think  it  necessary  to  call 
a convention  to  revise,  amend  or  change  this  Constitution,  they 
shall  recommend  to  the  electors  to  vote,  at  the  next  election  for 
members  to  the  General  Assembly,  for  or  against  a convention; 
and  if  a majority  of  all  the  electors  voting  at  said  election  shall 
have  voted  for  a convention,  the  General  Assembly  shall,  at  their 
next  session,  provide,  by  law,  for  calling  the  same.  The  conven- 
tion shall  consist  of  as  many  members  as  the  House  of  Eepre- 
sentatives, who  shall  be  chosen  in  the  same  manner,  and  shall 
meet  within  three  months  after  their  election,  for  the  purpose 
aforesaid. 


CONSTITUTION  OF  OHIO. 


183 


Sec.  3.  At  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hundred  and  seventy-one,  and  each  twentieth 
year  thereafter,  the  question,  “ Shall  there  be  a convention  to 
revise,  alter  or  amend  the  Constitution  ? ” shall  be  submitted  to 
the  electors  of  the  State;  and  in  case  a majority  of  aU  the  elec- 
tors voting  at  such  election  shall  decide  in  favor  of  a convention, 
the  General  Assembly  at  its  next  session  shall  provide  by  law  for 
the  election  of  delegates  and  the  assembling  of  such  convention, 
as  is  provided  in  the  preceding  section;  but  no  amendment  of 
this  Constitution,  agreed  upon  by  any  convention  assembled  in 
pursuance  of  this  article,  shall  take  effect  until  the  same  shall 
have  been  submitted  to  the  electors  of  the  State,  and  adopted  by 
a majority  of  those  voting  thereon. 

SCHEDULE. 

Section  1.  AU  laws  of  this  State  in  force  on  the  first  day  of 
September,  one  thousand  eight  hundred  and  fifty-one,  not  incon- 
sistent wuth  this  Constitution,  shaU  continue  in  force  until 
amended  or  repealed. 

Sec.  2.  The  first  election  for  members  of  the  General  Assem- 
bly, under  this  Constitution,  shall  be  held  on  the  second  Tues- 
day of  October,  one  thousand  eight  hundred  and  fifty-one. 

Sec.  3.  The  first  election  for  Governor,  Lieutenant-Governor, 
Auditor,  Treasurer  and  Secretary  of  State  and  Attorney-General 
shaU  be  held  on  the  second  Tuesday  of  October,  one  thousand 
eight  hundred  and  fifty-one.  The  persons  holding  said  offices  on 
the  first  day  of  September,  one  thousand  eight  hundred  and  fifty- 
one,  shall  continue  therein,  untU  the  second  Monday  of  January, 
one  thousand  eight  hundred  and  fifty-two. 

Sec.  4.  The  first  election  for  judges  for  the  Supreme  Court, 
Courts  of  Common  Pleas  and  Probate  Courts,  and  clerks  of  the 
Courts  of  Common  Pleas,  shaU  be  held  on  the  second  Tuesday 
of  October,  one  thousand  eight  hundred  and  fifty-one,  and  the 
official  term  of  said  judges  and  clerks,  so  elected,  shall  com- 
mence on  the  second  Monday  of  February,  one  thousand  eight 
hundred  and  fifty-two.  Judges  and  clerks  of  the  Courts  of  Com- 
mon Pleas  and  Supreme  Court  in  office  on  the  first  day  of  Sep- 
tember, one  thousand  eight  hundred  and  fifty-one  shall  continue 
in  office  with  their  present  powers  and  duties  until  the  second 


184 


CONSTITUTION  OF  OHIO. 


Monday  of  February,  one  thousand  eight  hundred  and  fifty-two. 
No  suits  or  proceeding  pending  in  any  of  the  courts  of  this  State 
shall  be  affected  by  the  adoption  of  this  Constitution. 

Sec.  6.  The  Superior  and  Commercial  Courts  of  Cincinnati, 
and  the  Superior  Court  of  Cleveland,  shall  remain,  until  other- 
wise provided  by  law,  with  their  present  powers  and  jurisdiction; 
and  the  judges  and  clerks  of  said  courts,  in  office  on  the  first  day 
of  September,  one  thousand  eight  hundred  and  fifty-one  shall 
continue  in  office  until  the  expiration  of  their  terms  of  office, 
respectively,  or  until  otherwise  provided  by  law,  but  neither  of 
said  courts  shall  continue  after  the  second  Monday  of  February, 
one  thousand  eight  hundred  and  fifty- three;  and  no  suits  shall 
be  commenced  in  said  two  first  mentioned  courts,  after  the 
second  Monday  in  February,  one  thousand  eight  hundred  and 
fifty-two ; nor  in  said  last-mentioned  court,  after  the  second  Mon- 
day in  August,  one  thousand  eight  hundred  and  fifty-two;  and 
all  business  in  either  of  said  courts,  not  disposed  of  within  the 
time  limited  for  their  continuance  as  aforesaid,  shall  be  trans- 
ferred to  the  Court  of  Common  Pleas. 

Sec.  7.  All  county  and  township  officers  and  justices  of  the 
peace,  in  office  on  the  first  day  of  September,  one  thousand  eight 
hundred  and  fifty-one,  shall  continue  in  office  until  their  terms 
expire,  respectively. 

Sec.  8.  Vacancies  in  office,  occurring  after  the  first  day  of 
September,  one  thousand  eight  hundred  and  fifty-one,  shall  be 
filled,  as  is  now  prescribed  by  law,  and  until  officers  are  elected 
or  appointed,  and  qualified  under  this  Constitution. 

Sec.  9.  This  Constitution  shall  take  effect  on  the  first  day  of 
September,  one  thousand  eight  hundred  and  fifty-one. 

Sec.  10.  All  officers  shall  continue  in  office  until  their  suc- 
cessors shall  be  chosen  and  qualified. 

Sec.  11.  Suits  pending  in  the  Supreme  Court  in  bank  shall  be 
transferred  to  the  Supreme  Court  provided  for  in  this  Constitu- 
tion, and  be  proceeded  in  according  to  law. 

Sec.  12.  The  District  Courts  shall,  in  their  respective  coun- 
ties, be  the  successors  of  the  present  Supreme  Court;  and  all 
suits,  prosecutions,  judgments,  records  and  proceedings  pending 
and  remaining  in  said  Supreme  Court  in  the  several  counties  of 


CONSTITUTION  OF  OHIO. 


185 


any,  district  shall  be  transferred  to  the  respective  District 
Courts  of  such  counties,  and  be  proceeded  in,  as  though  no 
change  had  been  made  in  said  Supreme  Court. 

Sec.  13.  The  said  Courts  of  Common  Pleas  shall  be  the  suc- 
cessors of  the  present  Courts  of  Common  Pleas  in  the  several 
counties,  except  as  to  probate  jurisdiction,  and  all  suits,  prose- 
cutions, proceedings,  records  and  judgments,  pending  or  being 
in  said  last-mentioned  courts,  except  as  aforesaid,  shall  be  trans- 
ferred to  the  Courts  of  Common  Pleas  created  by  this  Constitu- 
tion, and  proceeded  in,  as  though  the  same  had  been  therein 
instituted. 

Sec.  14.  The  Probate  Courts  provided  for  in  this  Constitution, 
as  to  all  matters  within  the  jurisdiction  conferred  upon  said 
courts,  shall  be  the  successors,  in  the  several  counties,  of  the 
present  Courts  of  Common  Pleas;  and  the  records,  files  and 
papers,  business  and  proceedings  appertaining  to  said  jurisdic- 
tion shall  be  transferred  to  said  Courts  of  Probate,  and  be  there 
proceeded  in  according  to  law. 

Sec.  15.  Until  otherwise  provided  by  law,  elections  for 
judges  and  clerks  shall  be  held,  and  the  poll-books  returned  as  is 
provided  for  Governor,  and  the  abstract  therefrom,  certified  to 
the  Secretary  of  State,  shall  be  by  him  opened  in  the  presence  of 
the  Governor,  who  shall  declare  the  result,  and  issue  commis- 
sions to  the  persons  elected. 

Sec.  16.  Where  two  or  more  counties  are  joined  in  a sena- 
torial, representative  or  judicial  district,  the  returns  of  election 
shall  be  sent  to  the  county  having  the  largest  population. 

Sec.  17.  The  foregoing  Constitution  shall  be  submitted  to  the 
electors  of  the  State,  at  an  election  to  be  held  on  the  third  Tues- 
day of  June,  one  thousand  eight  hundred  and  fifty-one,  in  the 
several  election  districts  in  this  State.  The  ballots  at  such 
election  shall  be  written  or  printed  as  follows:  Those  in  favor  of 
the  Constitution,  ^^New  Constitution,  Yes;’’  those  against  the 
Constitution,  ^^New  Constitution,  No.”  The  polls  at  said  elec- 
tion shall  be  opened  between  the  hours  of  eight  and  ten  o’clock 
A.  ]\I.  and  close  at  six  o’clock  P.  M.,  and  the  said  election  shall 
be  conducted,  and  the  returns  thereof  made  and  certified  to  the 
Secretary  of  State,  as  provided  by  law  for  annual  elections  for 
State  and  county  officers.  Within  twenty  days  after  such  elec- 
tion the  Secretary  of  State  shall  open  the  returns  thereof  in  the 


186 


CONSTITUTION  OF  OHIO. 


presence  of  the  Governor  and,  if  it  shall  appear  that  a majority 
of  all  the  votes  cast  at  such  election  are  in  favor  of  the  Consti- 
tution, the  Governor  shall  issue  his  proclamation,  stating  that 
fact,  and  said  Constitution  shall  he  the  Constitution  of  the  State 
of  Ohio,  and  not  otherwise. 

The  result  of  this  election,  excluding  the  returns  of  the  two 
counties.  Defiance  and  Auglaize,  which  were  not  received  in  the 
twenty  days  specified,  was  as  follows: 


''New  Constitution,  Yes’’ 125,564 

"New  Constitution,  No” 109,276 

Majority  for  new  Constitution 16,288 


Sec.  18.  At  the  time  when  the  votes  of  the  electors  shall  be 
taken  for  the  adoption  or  rejection  of  this  Constitution,  the 
additional  section  in  the  words  following,  to  wit:  "No  license 
to  traffic  in  intoxicating  liquors  shall  hereafter  be  granted  in 
this  State;  but  the  General  Assembly  may,  by  law,  provide 
against  evils  resulting  therefrom,”  shall  be  separtely  submitted 
to  the  electors  for  adoption  or  rejection,  in  form  following,  to 
wit:  A separate  ballot  may  be  given  by  every  elector  and  depos- 
ited in  a separate  box.  Upon  the  ballots  given  for  said  separate 
amendment  shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  the  words:  "License  to  sell  intoxicating  liquors, 
Yes;”  and  upon  the  ballots  given  against  said  amendment,  in 
like  manner,  the  words:  "License  to  sell  intoxicating  liquors. 
No.”  If,  at  the  said  election,  a majority  of  aU  votes  given  for 
and  against  said  amendment  shall  contain  the  words:  "License 
to  seU  intoxicating  liquors.  No,”  then  the  said  amendment  shall 
be  a separate  section  of  article  fifteen  for  the  Constitution. 


This  election  resulted: 

"License  to  sell  intoxicating  liquors.  No”- 113,237 

"License  to  sell  intoxicating  liquors.  Yes” 104,255 

Majority  against  license  8,982 


Sec.  19.  The  apportionment  for  the  House  of  Representatives 
during  the  first  decennial  period  under  this  Constitution  shall 
be  as  follows* 


CONSTITUTION  OF  OHIO. 


187 


The  counties  of  Adams,  Allen,  Athens,  Auglaize,  Carroll, 
Champaign,  Clark,  Clinton,  Crawford,  Darke,  Delaware,  Erie, 
Fayette,  GaUia,  Geauga,  Greene,  Hancock,  Harrison,  Hocking, 
Holmes,  Lake,  Lawrence,  Logan,  Madison,  Marion,  Meigs,  Mor- 
row, Perry,  Pickaway,  Pike,  Preble,  Sandusky,  Scioto,  Shelby 
and  Union  shall,  severally,  be  entitled  to  one  Kepresentative  in 
each  session  of  the  decennial  period. 

The  counties  of  Franklin,  Licking,  Montgomery  and  Stark 
shall  each  be  entitled  to  two  Representatives  in  each  session  of 
the  decennial  period. 

The  counties  of  Ashland,  Coshocton,  Highland,  Huron,  Lorain, 
Mahoning,  Medina,  Miami,  Portage,  Seneca,  Summit  and  War- 
ren shall,  severally,  be  entitled  to  one  Representative  in  each 
session  and  one  additional  Representative  in  the  fifth  session  of 
the  decennial  period. 

The  counties  of  Ashtabula,  Brown,  Butler,  Clermont,  Fairfield, 
Guernsey,  Jefferson,  Knox,  Monroe,  Morgan,  Richland,  Trum- 
bull, Tuscarawas  and  Washington  shall,  severally,  be  entitled 
to  one  Representative  in  each  session,  and  two  additional  Repre- 
sentatives, one  in  the  third  and  one  in  the  fourth  session  of  the 
decennial  period. 

The  counties  of  Belmont,  Columbiana,  Ross  and  Wayne  shall, 
severally,  be  entitled  to  one  Representative  in  each  session,  and 
three  additional  Representatives,  one  in  the  first,  one  in  the 
second,  and  one  in  the  third  session  of  the  decennial  period. 

The  county  of  Muskingum  shall  be  entitled  to  two  Representa- 
tives in  each  session,  and  one  additional  Representative  in  the 
fifth  session  of  the  decennial  period. 

The  county  of  Cuyahoga  shall  be  entitled  to  two  Representa- 
tives in  each  session,  and  two  additional  Representatives,  one  in 
the  third  and  one  in  the  fourth  session  of  the  decennial  period. 

The  county  of  Hamilton  shall  be  entitled  to  seven  Representa- 
tives, in  each  session,  and  four  additional  Representatives,  one 
in  the  first,  one  in  the  second,  one  in  the  third,  and  one  in  the 
fourth  session  of  the  decennial  period. 

The  following  counties,  until  they  shall  have  acquired  a suffi- 
cient population  to  entitle  them  to  elect  separately,  under  the 
fourth  section  of  the  eleventh  article,  shall  form  districts  in 
manner  following,  to  wit:»  The  counties  of  Jackson  and  Vinton, 
one  district;  the  counties  of  Lucas  and  Fulton,  one  district;  the 


188 


CONSTITUTION  OF  OHIO. 


counties  of  Wyandot  and  Hardin,  one  district;  the  counties  of 
Mercer  and  Van  Wert,  one  district;  the  counties  of  Paulding, 
Defiance  and  Williams,  one  district;  the  counties  of  Putnam  and 
Henry,  one  district;  and  the  counties  of  Wood  and  Ottawa,  one 
district;  each  of  which  districts  shall  he  entitled  to  one  Repre- 
sentative in  every  session  of  the  decennial  period. 

Done  in  convention  at  Cincinnati,  the  tenth  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and 
fifty-one,  and  of  the  independence  of  the  United  States 
the  seventy-fifth. 

WILLIAM  MEDILL, 

President. 

Attest:  WM.  H.  GILL,  Secretary. 


CONSTITUTION 


OF  THE 


STATE  OF  OREGON. 


CONSTITUTION  OF  THE  STATE  OF  OREGON. 


Articles 

1.  Bill  of  rights. 

2.  Suffrage  and  elections. 

3.  Distribution  of  powers. 

4.  Legislative  department. 

6.  Executive  department. 

6.  Administrative  department. 

7.  Judicial  department. 

8.  Education  and  school  lands. 

8.  Finance. 

10.  Militia. 

11.  Corporations  and  Internal  im- 

provement. 

13.  State  printer. 

13.  Salaries. 

14.  Seat  of  government. 

16.  Miscellaneous. 

16.  Boundaries. 

17.  Amendments. 

18.  Schedule. 

Preamble. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  All  men  are  of  equal  rights. 

2.  Religious  worship. 

5.  Religious  opinion. 

4.  Religious  test. 

5.  State  money  shall  not  be  given 

to  any  religious  sect  or  denomi- 
nation. 

6.  Witnesses. 

7.  Oath  or  affirmation. 

8.  Freedom  of  speech. 

9.  Searches,  seizures  and  warrants. 

10.  Courts  not  to  be  secret. 

11.  Rights  of  defendant. 

12.  Not  to  be  tried  twice  for  same 

crime. 

13.  Treatment  of  persons  under  ar- 

rest. 

14.  Bail.' 

15.  Punishment  of  crime. 

18.  Excessive  bail  and  fines. — Pow- 
er of  jury  In  criminal  cases. 
IT.  Civil  cases. — Right  of  trial  by 
Jury  shall  be  inviolate. 


I Section  i i ' ■ 

18.  Private  property  taken  for  pub- 

lic use. 

19.  Imprisonment  for  debt. 

20.  Exclusive  privileges  shall  not 

be  granted  to  any  class  of  cit- 
izens. 

21.  What  laws  shall  not  be  passed. 

22.  How  laws  may  be  suspended. 

23.  Habeas  corpus. 

24.  Treason  against  the  State,  evi- 

dence of. 

25.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

26.  The  people  shall  have  the  right 

to  assemble  together  in  a 
peaceable  manner  for  the  com- 
mon good. 

27.  The  right  to  bear  arms. 

28.  Quartering  soldiers. 

29.  Titles  of  nobility. 

30.  Emigration. 

31.  Rights  of  white  foreigners. — 

What  emigration  may  be  re- 
strained. 

32.  Taxes  and  duties. 

33.  Enumeration  of  rights,  how  con- 

strued. 

34.  Prohibition  of  slavery. 

35.  Free  negroes  and  mulattoes. 

ARTICLE  II. 

Suffrage  and  Elections. 

1.  Elections  free. 

2.  Qualifications  of  voters. 

3.  Idiotic,  insane  or  convict  per- 

sons not  voters. 

4.  Residence. 

6.  Soldiers,  seamen  or  marines  may 
not  vote. 

6.  Negroes,  Chinamen  or  mulattoes 

may  not  vote. 

7.  Bribery  at  elections  dlsquallfles 

from  holding  office. 

8.  Laws  concerning  elections. 


192 


CONSTITUTION  OF  OEEGON. 


Section 

9.  Duels,  disqualify  from  holding 
any  office  of  trust  or  profit. 

10.  Lucrative  offices. 

11.  Collector,  when  ineligible  to  of- 

fice. 

12.  Appointment  pro  tempore. 

13.  When  electors  are  free  from 

arrest. 

14.  General  elections  to  be  held  bi- 

ennially. 

15.  Vote®  to  be  given  viva  voce. 

16.  Plurality  shall  elect. 

17.  Electors. 

ARTICLE  III. 

Distribution  of  Powers. 

1.  Powers  of  government. 

ARTICLE  IV. 

Legislative  Department. 

1.  Legislative  authority. — Style  of 

a bill. 

2.  The  Senate  shall  consist  of  six- 

teen and  the  House  of  thirty- 
four  members. 

8.  By  whom  chosen. 

4.  Terms  of  senators  and  repre- 
• ®ientatives»  — Senators,  how 
classified. 

6.  Census  to  be  taken  every  ten 
years. 

6.  Apportionment. 

7.  Senatorial  districts. 

8.  Qualifications  of  senators,  etc. 

9.  Senators,  when  they  are  to  be 

free  from  arrest.— Words  ut- 
tered in  debate. 

10.  Sessions  of  the  Legislative  As- 
I siembly. 

11.  Election  of  officers.— Judge  of  | 

qualifications  of  members,  etc. 

12.  Quorum. 

13.  Each  house  to  keep  a journal. — 

Teas  and  nays. 

14.  Open  doors. — When  sessions  may 

be  secret. 

15.  Punishment  and  expulsion  of 

members. 

16.  Punishment  of  a person  not  a 

member. 

17.  General  powers. 

18.  Bills  may  originatei  in  either 

house. 


Section 

19.  Reading  of  bills  and  vote  ov 

final  passage. 

20.  Subject  and  title  of  act. 

21.  Act  to  be  plainly  worded. 

22.  Mode  of  revision  or  amendment. 

23.  What  local  or  special  laws  may 

not  be  passed. 

24.  Suit  against  the  State. 

25.  Majority  necessary  to  pass 

bill. — Bill  to  be  signed  bj’ 
speaker. 

26.  Protest. 

27.  What  statute  a public  law. 

28.  When  act  is  to  take  effect. 

29.  Compensation  of  members. 

30.  When  members  are  not  eligible 

to  office. 

31.  Oaths  of  members. 

ARTICLE  V. 

Executive  Department. 

1.  Executive  power  vested  in 

Governor. — Term  of  office. 

2.  Qualifications  of  Governors. 

3.  Who  not  eligible. 

4.  Election  of  Governor. 

6.  In  case  of  a tie  how  decided. 

6.  Contested  elections. 

7.  Term  of  office. 

8.  In  case  of  vacancy  or  disability. 

9.  Governor  commander-in-chief  of 

military  and  naval  forces  o< 
the  State. 

10.  To  take  care  that  the  laws  ars 

executed. 

11.  He  shall,  from  time  to  time, 

give  the  Assembly  information. 

12.  He  may  convene  the  Legislature. 

13.  To  transact  all  necessary  busi- 

ness with  officers. 

14.  May  grant  reprieves  and  pw- 

dons. 

15.  Veto  power. — Reconsideration.— 

Vote  to  be  by  yeas  and  nays. 

16.  Governor  to  fill  vacancies  by 

appointment. 

17.  He  shall  issue  writs  of  election. 

18.  Commissions. 

ARTICLE  VI. 

Administrative  Department. 

1.  Election  of  Secretary  and  Treas- 
urer of  State. 


CONSTITUTION  OF  OREGON. 


193 


Section 

2.  Secretary  of  State. 

3.  Seal  of  State. 

4.  Power  and  duties  of  Treasurer. 

6.  Office  and  records  of  executive 

officers. 

6.  County  officers. 

7.  Other  officers. 

8.  Qualifications  of  county  officers. 

9.  Vacancies. 

ARTICLE  VII. 

Judicial  Department. 

1.  Judicial  power  of  the  State,  in 

whom  vested.  — Municipal 
Court. 

2.  Supreme  Court,  Justices  of. 

3.  Term  of  office. 

4.  Vacancy. 

6.  Who  to  be  Chief  Justice. 

6.  Jurisdiction  of  Supreme  Court. 

7.  Terms  of  Supreme  Court. 

8.  Circuit  Courts. 

9.  Jurisdiction  of  Circuit  Courts. 

10.  When  the  Supreme  and  Circuit 

Judges  may  be  elected  in  dis- 
tinct classes. — Duties  of. 

11.  County  Court. 

12.  Jurisdiction. — Oommissiomersi  of 

County  Courts. 

13.  Writs  granted  by  County  Judges. 

— Habeas  corpus. 

14.  Expenses  of  court  in  certain 

counties. 

15.  Election  of  County  Clerk,  etc. — 

Legislature  may  divide  the 
duties  of  County  Clerk. 

16.  Sheriff. 

17.  Prosecuting  ^attorneys. 

18.  Jurors. 

19.  Official  delinquencies. 

20.  Removal  of  judges. 

21.  Oath  of  office. 

ARTICLE  Vm. 

Education  and  School  Lands. 

1.  Superintendent  of  'Public  In- 

struction. 

2.  Common  school  fund. 

3.  System  of  common  schools. 

4.  Distribution  of  school  funds. 

5.  Board  of  commissioners  for  sale 

of  school  lands. 

13 


ARTICLE  IX. 

Finance. 

Section 

1.  Assessment  and  taxation. 

2.  Current  expenses. 

3.  Law  levying  taxes. 

4.  Money  to  be  drawn  from  treas- 

ury only  by  appropriation, 
j 5.  Publication  of  receipts  and  ex- 
! penses. 

j 6.  Tax  for  deficiency. 

I 7.  Appropriations. 

8.  Stationery,  how  furnished. 

ARTICLE  X. 

Militia. 

1.  Militia. 

2.  Who  are  exempt. 

3.  Governor  to  appoint  Adjutant- 

General  and  other  chief  of- 
ficers. . 

4.  Staff  officers. — Governor  to  com- 

! mission. 

5.  Legislature  to  make  regulations 

for  militia. 

ARTICLE  XI. 

Corporations  and  Internal  Improve^ 
ments. 

1.  Prohibition  of  banks. 

2.  Corporations  to  be  formed  under 

general  laws. — Municipal  cor- 
porations. 

3.  Liability  of  stockholders. 

4.  Compensation  for  property  taken 

' by  corporations. 

j 5.  Restrictions  upon  municipal  cor- 
porations. 

6.  State  not  to  be  a stockholder  In 

a corporation. 

7.  Credit  of  the  State  not  to  b« 

loaned. — The  power  of  con- 
tracting debts. 

8.  State  not  to  assume  county 

j debts,  unless. 

j 9.  Municipal  corporations. 

I 10.  Limitations  upon  powers  to  con- 
tract debts  by  counties. 

ARTICLE  XII. 

State  Printer. 

1.  State  printer. — The  rates  to  bo 
paid  him  to  be  fixed  by  law. 


-»94 


CONSTITUTION  OF  OREGON. 


ARTICLE  XIII. 

Salaries. 

Section 

1.  Salaries  of  State  officers, — They 
shall  receive  no  fees. 

ARTICLE  XIV. 

Seat  of  Government. 

1.  Taxation  of  seat  of  government. 

2.  State  house. 

3.  Seat  of  government,  how  re- 

moved.— Taxation  of  public  in- 
stitutions. 

ARTICLE  XV. 

Miscellaneous. 

1.  Officers  to  hold  office  till  suc- 

cessors are  elected. 

2.  Tenure  of  office. 

3.  Oath  of  office. 

4.  Lotteries  are  prohibited. 

5.  Property  of  married  women. 

6.  New  counties. 

7.  Officers  to  receive  fee  in  certain 

cases. 

8.  Chinamen  not  to  hold  real  es- 

tate or  work  mining  claims, 
unless. 

ARTICLE  XVI. 

Boundaries. 
a.  Boundaries  of  State. 


ARTICLE  XVII. 

; Amendments. 

Section 

1.  Amendments  to  Constitution. 

2.  Two  or  more  amendments. 

I ARTICLE  XVIII. 

Schedule. 

: 1.  Election  for  acceptance  or  rejec- 

[ tion  of  the  Constitution. 

I 2.  Questions.— Returns  of  election. 

I 3.  When  Constitution  to  be  accept- 
ed or  rejected. 

4.  If  majority  of  votes  cast  for 
slavery,  then  this  section  to  be 
added  to  bill  of  rights. — If  ma- 
jority of  votes  given  against 
slavery. 

I 5.  Apportionment  of  Senators  and 
I Representatives. 

6.  Election,  under  the  Constitution 

I and  organization  of  the  State. 

7.  Former  laws. 

8.  Officers  to  continue  in  office 

until. 

9.  Crimes  against  the  Territory. 

10.  Saving  of  existing  rights  and 

liabilities. 

f 11.  Judicial  districts. 


PREAMBLE. 

,We,  the  people  of  the  State  of  Oregon,  to  the  end  that  justice  be 
established,  order  maintained,  and  liberty  perpetuated,  do  or- 
dain this  Constitution. 

ARTICLE  I. 

Bill  of  Rights. 

1.  We  declare  that  all  men,  when  they  form  a social  compact, 
are  equal  in  rights;  that  all  power  is  inherent  in  the  people,  and 
all  free  governments  are  founded  on  their  authority,  and  insti- 
tuted for  their  peace,  safety,  and  happiness;  and  they  have  all 
times  a right  to  alter,  reform,  or  abolish  the  government  in  such 
manner  as  they  may  think  proper. 

2.  All  men  shall  be  secured  in  their  natural  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. 


CONSTITUTION  OF  OREGON. 


195 


3.  No  law  shall  in  any  case  whatever  control  the  free  exercise 
and  enjoyment  of  religions  opinions,  or  interfere  with  the  rights 
of  conscience. 

4.  No  religious  test  shall  be  required  as  a qualification  for  any 
office  of  trust  or  profit. 

0.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit 
of  any  religious  or  theological  institution,  nor  shall  any  money 
be  appropriated  for  the  payment  of  any  religious  ser^dces  in 
either  house  of  the  legislative  assembly. 

6.  No  person  shall  be  rendered  incompetent  as  a witness  or 
juror  in  consequence  of  his  opinions  on  matters  of  religion,  nor 
be  questioned  in  any  court  of  justice  touching  his  religious  belief, 
to  affect  the  weight  of  his  testimony. 

7.  The  mode  of  administering  an  oath  or  affirmation  shall  be 
such  as  may  be  most  consistent  with,  and  binding  upon,  the  con- 
science of  the  person  to  whom  such  oath  or  affirmation  may  be 
administered. 

8.  No  law  shall  be  passed  restraining  the  free  expression  of 
opinion,  or  restricting  the  right  to  speak,  write  or  print  freely  on 
any  subject  whatever;  but  every  person  shall  be  responsible  for 
the  abuse  of  this  right. 

9.  No  law  shall  violate  the  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers  and  effects,  against  unreasonable 
search  or  seizure;  and  no  warrant  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describ- 
ing the  place  to  be  searched,  and  the  person  or  thing  to  be 
seized. 

10.  No  court  shall  be  secret,  but  justice  shall  be  administered 
openly  and  without  purchase,  completely  and  without  delay,  and 
every  man  shall  have  remedy  by  due  course  of  law  for  injury 
done  him  in  person,  property  or  reputation. 

11.  In  all  criminal  prosecutions,  the  accused  shall  have  the 
right  to  public  trial  by  an  impartial  jury  in  the  county  in  which 
the  offense  shall  have  been  committed;  to  be  heard  by  himself 
and  counsel;  to  demand  the  nature  and  cause  of  the  accusation 
against  him,  and  to  have  a copy  thereof;  to  meet  the  witnesses 
face  to  face,  and  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor. 

12.  No  person  shall  be  put  in  jeopardy  twice  for  the  same 
offense,  nor  be  compelled  in  any  criminal  prosecution  to  testify 
against  himself. 


196 


CONSTITUTION  OF  OREGON. 


13.  No  person  arrested  or  confined  in  jail  shall  be  treated 
with  unnecessary  rigor. 

14.  Offences,  except  murder  or  treason,  shall  be  bailable  by 
sufficient  sureties.  Murder  or  treason  shall  not  be  bailable  when 
the  proof  is  evident  or  the  presumption  strong. 

15.  Laws  for  the  punishment  of  crime  shall  be  founded  on  the 
principles  of  reformation,  and  not  of  vindictive  justice. 

16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed.  Cruel  and  unusual  punishments  shall  not  be  inflicted, 
but  all  penalties  shall  be  proportioned  to  the  offense.  In  all 
criminal  cases  whatever,  the  jury  shall  have  the  right  to  deter- 
mine the  law  and  the  facts,  under  the  direction  of  the  court, 
as  to  the  law,  and  the  right  of  new  trial,  as  in  civil  cases. 

17.  In  all  cases  the  right  of  trial  by  jury  shaU  remain 
inviolate. 

18.  Private  property  shall  not  be  taken  for  public  use,  nor 
the  particular  services  of  any  man  be  demanded,  without  just 
compensation;  nor,  except  in  case  of  the  State,  without  such 
compensation  first  assessed  and  tendered. 

19.  There  shall  be  no  imprisonment  for  debt  except  in  case  of 
fraud  or  absconding  debtors. 

20.  No  law  shall  be  passed  granting  to  any  citizen  or  class  of 
citizens  privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens. 

21.  No  ex  post  facto  law,  or  law  impairing  the  obligations 
of  contracts,  shall  ever  be  passed,  nor  shall  any  law  be  passed, 
the  taking  effect  of  which  shall  be  made  to  depend  upon  any 
authority,  except  as  provided  in  this  Constitution;  provided  that 
the  laws  locating  the  capital  of  the  State,  locating  county  seats, 
and  submitting  town  and  corporate  acts,  and  other  local  and 
special  laws,  may  take  effect  or  not,  upon  a vote  of  the  electors 
interested. 

22.  The  operation  of  the  laws  shall  never  be  suspended  ex- 
cept by  the  authority  of  the  Legislative  Assembly. 

23.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless,  in  case  of  rebellion  or  invasion,  the  puj^lio 
safety  require  it. 

24.  Treason  against  the  State,  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  or 


CONSTITUTION  OF  OREGON. 


197 


comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  confession 
in  open  court. 

25.  No  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

26.  No  law  shall  be  passed  restraining  any  of  the  inhabitants 
of  the  State  from  assembling  together  in  a peaceable  manner 
to  consult  for  their  common  good;  nor  from  instructing  their 
Representatives;  nor  from  applying  to  the  Legislature  for  re- 
dress of  grievances. 

27.  The  people  shall  have  the  right  to  bear  arms  for  the 
defense  of  themselves  and  the  State,  but  the  military  shall  be 
kept  in  strict  subordination  to  the  civil  power. 

28.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war,  ex- 
cept in  manner  prescribed  by  law. 

29.  No  law  shall  be  passed  granting  any  title  of  nobility,  or 
conferring  hereditary  distinctions. 

30.  No  law  shall  be  passed  prohibiting  emigration  from  the 
State. 

31.  White  foreigners  who  are  or  may  hereafter  become  resi- 
dents of  this  State  shall  enjoy  the  same  rights  in  respect  to  the 
possession,  enjoyment  and  descent  of  property  as  native  born 
citizens.  And  the  Legislative  Assembly  shall  have  power  to 
restrain  and  regulate  the  immigration  to  this  State  of  persons 
not  qualified  to  become  citizens  of  the  United  States. 

32.  No  tax  or  duty  shall  be  imposed  without  the  consent  of 
the  people  or  their  representatives  in  the  Legislative  Assembly; 
and  all  taxation  shall  be  equal  and  unifonn. 

33.  This  enumeration  of  rights  and  privileges  shall  not  be 
construed  to  impair  or  deny  others  retained  by  the  people. 

34.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  the  State,  otherwise  than  as  a punishment  for  crime,  whereof 
the  party  shall  have  been  duly  convicted. 

35.  No  free  negro  or  mulatto,  not  residing  in  this  State  at 
the  time  of  the  adoption  of  this  Constitution,  shall  come,  reside 
or  be  within  this  State,  or  hold  any  real  estate,  or  make  any 
contracts,  or  maintain  any  suit  therein;  and  the  Legislative 
Assembly  shall  provide  by  penal  laws  for  the  removal  by  public 
olBcers  of  all  such  negroes  and  mulattoes,  and  for  their  effectual 


198 


CONSTITUTION  OF  OREGON. 


exclusion  from  the  State,  and  for  the  punishment  of  persons 
who  shall  bring  them  into  the  State,  or  employ  or  harbor  them. 

ARTICLE  II. 

Suffrage  and  Elections. 

Section  1.  All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by  this 
Constitution,  every  white  male  citizen  of  the  United  States,  of 
the  age  of  twenty-one  years  and  upwards,  who  shall  have  resided 
in  the  State  during  the  six  months  immediately  preceding  such 
election  — and  every  white  male  of  foreign  birth  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  resided  in  this 
State  during  the  six  months  immediately  preceding  such  elec- 
tion, and  shall  have  declared  his  intention  to  become  a citizen  of 
the  United  States  one  year  preceding  such  election,  conformably 
to  the  laws  of  the  United  States  on  the  subject  of  naturalization, 
shall  be  entitled  to  vote  at  all  elections  authorized  by  law. 

Sec.  3.  No  idiot  or  insane  person  shall  be  entitled  to  the 
privileges  of  an  elector;  and  the  privilege  of  an  elector  shall  be 
forfeited,  by  a conviction  of  any  crime  which  is  punishable  by 
imprisonment  in  the  penitentiary. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a residence  by  reason  of  his  presence  or 
absence  while  employed  in  the  service  of  the  United  States,  or 
of  this  State ; nor  while  engaged  in  the  navigation  of  the  waters 
of  this  State  or  of  the  United  States,  or  of  the  high  seas;  nor 
while  a student  of  any  seminary  of  learning;  nor  while  l^ept  at 
any  alms-house,  or  other  asylum,  at  public  expense;  nor  while 
confined  in  any  public  prison. 

Sec.  5.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of 
the  United  States,  or  of  their  allies,  shall  be  deemed  to  have  ac- 
quired a residence  in  the  State  in  consequence  of  having  been 
stationed  within  the  same;  nor  shall  any  such  soldier,  Beaman 
or  marine  have  the  right  to  vote. 

Sec.  6.  No  negro,  Chinaman,  or  mulatto  shall  have  the  right 
of  suffrage. 

Sec.  7.  Every  person  shall  be  disqualified  from  holding  office 
during  the  term  for  which  he  may  have  been  elected,  who  shall 
have  given  or  offered  a bribe,  threat,  or  reward  to  procure  his 
election. 


CONSTITUTION  OF  OREGON. 


199 


Sec.  8.  The  legislative  assembly  shall  enact  laws  to  support 
the  privilege  of  free  suffrage,  prescribing  the  manner  of  regulat- 
ing and  conducting  election,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  therein,  from  power,  bribery,  tumult 
and  other  improper  conduct. 

Sec.  9.  Every  person  who  shall  give  or  accept  a challenge  to 
fight  a duel,  or  shall  knowingly  carry  to  another  person  such 
challenge,  or  who  shall  agree  to  go  out  of  the  State  to  fight  a 
duel,  shall  be  ineligible  to  any  office  of  trust  or  profit.  , 

Sec.  10.  No  person  holding  a lucrative  office  or  appointment 
under  the  United  States,  or  under  this  State,  shall  be  eligible  to 
a seat  in  the  legislative  assembly:  nor  shall  any  person  liold 
more  than  one  lucrative  office  at  the  same  time,  except  as  in  this 
Constitution  expressly  permitted;  provided  that  officers  in  the 
militia,  to  which  there  is  attached  no  annual  salary,  and  the 
office  of  postmaster,  where  the  compensation  does  not  exceed 
one  hundred  dollars  per  annum,  shall  not  be  deemed  lucrative. 

Sec.  11.  No  person  who  may  hereafter  be  a collector  orholdec 
of  public  money,  shall  be  eligible  to  any  ofiiee  of  trust  or  profit, 
until  he  shall  have  accounted  for  and  paid  over,  according 
law,  all  sums  for  which  he  may  be  liable. 

Sec.  12.  In  all  cases  in  which  it  is  provided  that  an  office  shall 
not  be  filled  by  the  same  person  more  than  a certain  number  of 
years  continuously,  an  appointment  pro  tempore  shall  not  be 
reckoned  a part  of  that  term. 

Sec.  13.  In  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  electors  shall  be  free  from  arrest  in  going  to  elections^ 
during  their  attendance  there,  and  in  returning  from  the  same; 
and  no  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any 
day  of  election,  except  in  time  of  war,  or  public  danger. 

Sec.  14.  General  elections  shall  be  held  on  the  first  Monday 
of  eTune,  biennially. 

Sec.  15.  In  all  elections  by  the  legislative  assembly,  or  by 
either  branch  thereof,  votes  shall  be  given  openly,  or  viva  voc^ 
and  not  by  ballot  forever;  and  in  all  elections  by  the  people, 
votes  shall  be  given  openly,  or  viva  voce,  until  the  legislative  a»< 
sembly  shall  otherwise  direct. 

Sec.  16.  In  aU  elections  held  by  the  people  under  this  Consti- 
tution, the  person  or  persons  who  shall  receive  the  highest  num- 
ber of  votes  shall  be  declared  duly  elected. 


200 


CONSTITUTION  OF  OREGON. 


Sec.  17.  All  qualified  electors  shall  vote  in  the  election  pre- 
cinct  in  the  county  where  they  may  reside,  for  county  officers, 
and  in  any  county  in  the  State  for  State  officers,  or  in  any  county 
of  a conj^ressional  district  in  which  such  electors  may  reside,  for 
members  of  Congress.  J 

ARTICLE  m. 

Distribution  of  Powers. 

Section  1.  The  powers  of  the  government  shall  be  divided 
into  three  separate  departments  — the  legislative,  the  executive, 
including  the  administrative,  and  the  judicial;  and  no  person 
chai'ged  with  official  duties  under  one  of  these  departments  shall 
exercise  any  of  the  functions  of  another,  except  as  in  this  Con- 
stitution expressly  provided. 

ARTICLE  IV. 

Legislative  De}>artmen  t. 

Section  1.  The  legislative  authority  of  the  State  shall  be 
vested  in  the  legislative  assembly,  which  shall  consist  of  a Senate 
and  House  of  Representatives.  The  style  of  every  bill  shall  be, 
^^Be  it  enacted  by  the  legislative  assembly  of  the  State  of  Ore- 
gon,*’ and  no  law  shall  be  enacted  except  by  bill. 

Sec.  2.  The  Senate  shall  consist  of  sixteen,  and  the  House  of 
Reju'esentatives  of  thirty-four,  members,  which  number  shall  not 
be  increased  until  the  year  eighteen  hundred  and  sixty,  after 
which  time  the  legislative  assembly  may  increase  the  number  of 
Senators  and  Representatives,  always  keeping,  as  near  as  may  be, 
the  same  ratio  as  to  the  number  of  Senators  and  Representa- 
Tiv(s:  Provided,  that  the  Senate  shall  never  exceed  thirty,  and 
the  House  of  Representatives  sixty  members. 

Sec.  3.  The  Senators  and  Representatives  shall  be  chosen  by 
the  electors  of  the  respective  counties  or  districts  into  which  the 
State  may  from  time  to  time  be  divided  by  law. 

Sec.  4.  The  Senators  shall  be  elected  for  a term  of  four  years, 
and  the  Representatives  for  the  term  of  two  years  from  the  day 
next  after  their  general  election:  Provided,  however,  that  the 

Senators-elect,  at  the  first  session  of  the  legislative  assembly 
under  this  Constitution,  shall  be  divided  by  lot  into  two  equal 
classes,  as  nearly  as  may  be;  and  the  seats  of  Senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  two  years,  and 
those  of  the  second  class  at  the  expiration  of  four  years;  so  that 
one-half,  as  nearly  as  possible,  shall  be  chosen  biennially  forever 


COXSTITUTIOX  OF  OKEGOX. 


201 


thereafter.  And  in  case  of  the  increase  of  the  number  of  Sena- 
tors, they  shall  be  so  annexed  by  lot  to  one  or  the  other  of  the 
two  classes  as  to  keep  them  as  nearly  equal  as  possible. 

Sec.  5.  The  legislative  assembly  shall,  in  the  year  eighteen 
hundred  and  sixty-five,  and  every  ten  years  after,  cause  an 
enumeration  to  be  made  of  all  the  white  population  of  the  State. 

Sec.  C.  The  number  of  Senators  and  Kepresentatives  shall, 
at  the  session  next  following  an  enumeration  of  the  inhabitants 
by  the  United  States  or  this  State,  be  fixed  by  law,  and  appor- 
tioned among  the  several  counties  according  to  the  number  of 
vhite  population  in  each._  And  the  ratio  of  Senators  and  Rep- 
resentatives shall  be  determined  by  dividing  the  whole  number 
of  white  population  of  such  county  or  district,  by  such  respective 
raiios;  and  when  a fraction  shall  result  from  such  division, 
which  shall  exceeet  one-half  of  such  ratio,  such  county  or  district 
shall  be  entitled  to  a member  for  such  fraction.  And  in  case 
any  county  shall  not  have  the  requisite  population  to  entitle 
such  county  to  a member,  then  such  county  shall  be  attached  to 
so]m*  adjoining  county  for  senatorial  or  representative  purposes. 

^('c.  7.  A senatorial  district,  when  more  than  one  county 
shall  constitute  the  same,  shall  be  composed  of  contiguous  coun- 
ties, and  no  county  shall  be  divided  in  creating  senatorial  dis- 
tricts. 

Sec.  8.  Xo  person  shall  be  a Senator  or  Representative  who, 
at  the  time  of  his  election,  is  not  a citizen  of  the  United  States; 
nor  any  one  who  has  not  been  for  one  year  next  preceding  his 
election  an  inhabitant  of  the  county  or  district  whence  he  may 
be  chosen.  Senators  or  Representatives  shall  be  at  least  twenty- 
one  years  of  age. 

Sec.  1).  Senators  and  RepresentatiA'es  in  all  cases,  except  for 
treason,  felony,  or  breaches  of  the  peace,  shall  be  prMleged  from 
arrest  during  the  session  of  the  legislative  assembly,  and  in  go- 
ing to  and  returning  from  the  same;  and  shall  not  be  subject  to 
any  civil  process  during  the  session  of  the  legislath'e  assembly, 
nor  during  the  fifteen  days  next  before  the  commencement 
thereof.  Xor  shall  a member,  for  words  uttered  in  debate  in 
either  house,  be  questioned  in  any  other  place. 

Sec.  10.  The  sessions  of  the  legislature  assembly  shall  be  held 
biennially  at  the  capital  of  the  State,  commencing  on  the  second 
Monday  of  September,  in  the  year  eighteen  hundred  and  fifty- 
eight,  and  on  the  same  day  of  every  second  year  thereafter,  unless 
a different  day  shall  haA’e  been  appointed  by  law. 


202  . 


CONSTITUTION  OF  OKEGON. 


Sec.  11.  Each  house,  when  assembled,  shall  choose  its  own 
officers,  judge  of  election,  qualifications  and  returns  of  its  own 
members,  determine  its  own  rules  of  proceeding,  and  sit  upon 
its  own  adjournments;  but  neither  house  shall,  without  the  con- 
currence of  the  other,  adjourn  for  more  than  three  days,  nor  at 
any  other  place  than  that  in  which  it  may  be  sitting. 

Sec.  12.  Two-thirds  of  each  house  shall  constitute  a quorum 
to  do  business,  but  a smaller  number  may  meet,  adjourn  from 
day  to  day  and  compel  the  attendance  of  absent  members.  A 
quorum  being  in  attendance,  if  either  house  fail  to  effect  an  or- 
gauization  within  the  first  five  days  thereafter,  the  members  of 
the  house  so  failing  shall  be  entitled  to  no  compensation  from 
the  end  of  the  five  days  until  an  organization  shall  have  been 
effected. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings. 
The  yeas  and  nays  on  any  question,  shall,  at  the  request  of  any 
two  members,  be  entered,  together  with  the  names  of  the  mem- 
bers demanding  the  same,  on  the  journal;  provided,  that  on  a 
motion  to  adjourn,  it  shall  require  one- tenth  of  the  members 
present  to  order  the  yeas  and  nays. 

Sec.  14.  The  doors  of  each  house,  and  of  committees  of  the 
whole  shall  be  kept  open,  except  in  such  cases  as  in  the  opinion 
of  either  house  may  require  secrecy. 

Sec.  15.  Either  house  may  punish  its  members  for  disorderly 
behavior,  and  may,  with  the  concurrence  of  two-thirds,  expel  a 
member;  but  not  a second  time  for  the  same  cause. 

Sec.  IG.  Either  house,  during  its  session,  may  punish  by  im- 
prisonment, any  person  not  a member,  who  shall  have  been  guilty 
of  disrespect  to  the  house,  or  disorderly  or  contemptuous  behavior 
in  its  presence;  but  such  imprisonment  shall  not  at  any 
time  exceed  twenty-four  hours. 

Sec.  17.  Each  house  shall  have  all  powers  necessary  for  a 
branch  of  the  legislative  department  of  a free  and  independent 
Stal  e. 

Sec.  18.  Bills  may  originate  in  either  house,  but  may  be 
amended  or  rejected  in  the  other,  except  that  bills  for  raising 
revenue  shall  originate  in  the  House  of  Bepresentatives. 

Sec.  19.  Every  bill  shall  be  read  by  sections,  on  three  several 
days,  in  each  house,  unless,  in  case  of  emergency,  twm-thirds  of 
the  house  where  such  bill  may  be  depending,  shall,  by  a vote  of 
yeas  and  nays,  deem  it  exjiedient  to  dispense  with  this  rule;  but 


CONSTITUTION  OF  OREGON. 


. 203 


the  reading  of  a bill  by  sections  on  its  final  passage  shall  in  no 
case  be  dispensed  with,  and  the  vote  on  the  passage  of  every  bill 
or  joint  resolution,  shall  be  taken  by  yeas  and  nays. 

Sec.  20.  Every  act  shall  embrace  but  one  subject,  and  matters 
properly  connected  therewith,  which  subjects  shall  be  expressed 
in  the  title.  But  if  any  subject  shall  be  embraced  in  an  act 
which  shall  not  be  expressed  in  the  title,  such  act  shall  be  void 
only  as  to  so  much  thereof  as  shall  not  be  expressed  in  the  title. 

Sec.  21.  Every  act  and  joint  resolution  shall  be  plainly 
worded,  avoiding  as  far  as  practicable,  the  use  of  technical 
terms. 

Sec.  22.  No  act  shall  ever  be  revised  or  amended  by  mere 
reference  to  its  title,  but  the  act  revised  or  section  amended 
shall  be  set  forth  and  published  at  full  length. 

Sec.  23.  The  legislative  assembly  shall  not  pass  special  or 
local  laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say  — 

1.  Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  and  constables; 

2.  For  the  punishment  of  crimes  and  misdemeanors; 

3.  Regulating  the  practice  in  courts  of  justice: 

4.  Providing  for  changing  the  venue  in  civil  and  criminal 
cases; 

5.  Granting  divorces; 

6.  Changing  the  names  of  persons; 

7.  For  laying,  opening  and  working  on  highways,  and  for  the 
election  or  appointment  of  supervisors; 

8.  Vacating  roads,  town  plats,  streets,  alleys,  and  public 
squares; 

9.  Summoning  and  impaneling  grand  and  petit  jurors: 

10.  For  the  assessment  and  collection  of  taxes  for  State, 
county,  township  or  road  purposes; 

11.  Providing  for  supporting  common  schools,  and  for  the 
preservation  of  school  funds; 

12.  In  relation  to  interest  on  money; 

13.  Providing  for  opening  and  conducting  the  elections  of 
State,  county,  or  township  officers,  and  designating  the  places  of 
voting; 

14.  Providing  for  the  sale  of  real  estate  belonging  to  minors 
or  other  persons  laboring  under  legal  disabilities  by  executors, 
administrators,  guardians  or  trustees; 


204 


CONSTITUTION  OF  OREGON. 


Sec.  24.  Provision  may  be  made  by  general  law  for  bringing 
suit  against  the  State,  as  to  all  liabilities  originating  after  or 
existing  at  the  time  of  the  adoption  of  this  Constitution;  but  no 
special  act  authorizing  such  suit  to  be  brought,  or  making  com- 
pensation to  any  person  claiming  damages  against  the  State, 
shall  ever  be  passed. 

Sec.  25.  A majority  of  all  the  members  elected  to  each  house 
shall  be  necessary  to  pass  every  bill  or  joint  resolution;  and  all 
bills  and  joint  resolutions  so  passed,  shall  be  signed  by  the  pre- 
siding officers  of  the  respective  houses. 

Sec.  26.  Any  member  of  either  house  shall  have  the  right  to 
protest,  and  have  his  protest,  with  his  reasons  for  dissent,  en- 
tered on  the  journal. 

Sec.  27.  Every  statute  shall  be  a public  law,  unless  otherwise 
declared  in  the  statute  itself. 

Sec.  28.  No  act  shall  take  effect  until  ninety  days  from  the 
end  of  the  session  at  which  the  same  shall  have  been  passed, 
except  in  case  of  emergency;  which  emergency  shall  be  declared 
in  the  preamble  or  in  the  body  of  the  law. 

Sec.  29.  The  members  of  the  legislative  assembly  shall  re- 
ceive for  their  services  a sum  not  exceeding  three  dollars  a day, 
from  the  commencement  of  the  session;  but  such  pay  shall  not 
exceed  in  the  aggregate  one  hundred  and  twenty  dollars  for  per 
diem  allowance  for  any  one  session.  When  convened  in  extra 
session  by  the  Governor,  they  shall  receive  three  dollars  per  day; 
but  no  extra  session  shall  continue  for  a longer  period  than 
twenty  days.  They  shall  also  receive  the  sum  of  three  dollars 
for  every  twenty  miles  they  shall  travel  in  going  to  and  returning 
from  their  place  of  meeting,  on  the  most  usual  route.  The  pre- 
siding officers  of  the  assembly  shall,  in  virtue  of  their  office, 
receive  an  additional  compensation  equal  to  two-thirds  of  their 
per  diem  allowance  as  members. 

Sec.  30.  No  Senator  or  Representative  shall,  during  the  time 
for  Avhich  he  may  have  been  elected,  be  eligible  to  any  office,  the 
election  to  which  is  vested  in  the  legislative  assembly;  nor  shall 
be  appointed  to  any  civil  office  of  profit  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased 
during  such  term,  but  this  latter  provision  shall  not  be  construed 
to  apply  to  any  officer  elective  by  the  people. 


CONSTITUTION  OF  OREGON. 


205 


Sec.  31.  The  members  of  the  legislative  assembly  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
Bvibscribe  the  following  oath  or  affirmation: 

I do  solemnly  swear  ( or  affirm,  as  the  case  may  be,)  that  I will 
support  the  Constitution  of  the  United  States,  and  the  Constitu- 
tion of  the  State  of  Oregon,  and  that  I will  faithfully  discharge 
the  duties  of  Senator  (or  Representative,  as  the  case  may  be), 
according  to  the  best  of  my  ability. 

And  such  oath  may  be  administered  by  the  Governor,  Secre- 
tary of  State,  or  Judge  of  the  Supreme  Court. 

ARTICLE  V. 

Executive  Department. 

Section  1.  The  chief  executive  power  of  the  State  shall  be 
vested  in  a Governor,  who  shall  hold  his  office  for  the  term  of 
four  years;  and  no  person  shall  be  eligible  to  such  office  more 
than  eight,  in  any  period  of  twelve  years. 

Sec.  2.  No  person,  except  a citizen  of  the  United  States,  shall 
bi  eligible  to  the  office  of  Governor,  nor  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  the  age  of 
thirty  years,  and  who  shall  not  have  been  three  years  next  pre- 
ceding his  election  a resident  within  this  State. 

Sec.  3.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States,  or  under  this  State,  or  under  any  other 
power,  shall  fill  the  office  of  Governor;  except  as  may  be  other- 
wise provided  in  this  Constitution. 

Sec.  4.  The  Governor  shall  be  elected  by  the  qualified  electors 
of  the  State  at  the  times  and  places  of  choosing  members  of  the 
legislative  assembly,  and  the  returns  of  every  election  for  Gov- 
ernor shall  be  sealed  up  and  transmitted  to  the  Secretary  of 
State,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall  open  and  publish  them  in  the  presence  of  both  houses 
of  the  legislative  assembly. 

Sec.  5.  The  person  having  the  highest  number  of  votes  for 
Governor  shall  be  elected;  but  in  case  two  or  more  persons 
shall  have  an  equal,  and  the  highest  number  of  votes  for  Gov- 
ernor, the  two  houses  of  the  legislative  assembly,  at  the  next  reg- 
ular session  thereof,  shall  forthwith,  by  joint  vote,  proceed  to 
elect  one  of  the  said  persons  Governor. 

Sec.  ().  Contested  elections  for  Governor  shall  be  determined 
by  the  legislative  assembly  in  such  manner  as  may  be  prescribed 
by  law. 


CONSTITUTION  OF  OREGON. 


20() 

See.  7.  The  official  term  of  the  Governor  shall  be  four  years, 
and  shall  commence  at  such  times  as  may  be  provided  by  this 
Constitution  or  prescribed  by  law. 

Sec.  8.  In  case  of  the  removal  of  the  Governor  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the  duties  of 
the  office,  the  same  shall  devolve  upon  the  Secretary  of  State; 
and  in  case  of  the  removal  from  office,  death,  resignation,  or 
inability,  both  of  the  Governor  and  the  Secretary  of  State,  the 
president  of  the  Senate  shall  act  as  Governor,  until  the  disa- 
bility be  removed,  or  a Governor  be  elected. 

Sec.  9.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces  of  this  State,  and  may  call  out  such 
forces  to  execute  the  laws,  to  suppress  insurrection,  or  to  repel 
invasion. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  exe- 
ciiced. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  legislative 
ass^^mbly  information  touching  the  condition  of  the  State,  and 
recommend  such  measures  as  he  shall  judge  to  be  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the 
legislative  assembly  by  proclamation,  and  shall  state  to  both 
houses,  when  assembled,  the  purpose  for  which  they  shall  have 
been  convened. 

Sec.  13.  He  shall  transact  all  necessary  business  with  the 
o Hirers  of  government,  and  may  require  information  in  writing 
from  the  officers  of  the  administrative  and  military  departments 
upon  any  subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  14.  He  shall  have  power  to  grant  reprieves,  commuta- 
tions and  pardons,  after  conviction,  for  all  offenses  except  trea- 
son, subject  to  such  regulations  as  may  be  provided  by  law. 
Upon  conviction  for  treason,  he  shall  have  the  power  to  suspend 
the  execution  of  the  sentence  until  the  case  shall  be  reported  to 
the  legislative  assembly,  at  its  next  meeting,  when  the  legislative 
assembly  shall  either  grant  a pardon,  commute  the  sentence, 
direct  the  execution  of  the  sentence,  or  grant  a further  reprieve. 
He  shall  have  power  to  remit  fines  and  forfeitures,  under  such 
regulations  as  may  be  prescribed  by  law ; and  shall  report  to  the 
legislative  assembly,  at  its  next  meeting,  each  case  of  reprieve, 
commutation,  or  pardon  granted,  and  the  reason  for  granting 
the  same;  and  also  the  names  of  all  persons  in  whose  favor  re- 
mission of  fines  and  forfeitures  shall  have  been  made,  and  the 
S(‘veral  amounts  remitted. 


CONSTITUTION  OF  OREGON. 


207 


Sec.  15.  Every  bill  which  shall  have  passed  the  legislative 
assembly,  shall,  before  it  becomes  a law,  be  presented  to  the 
Governor;  if  he.  approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  that  house  in  which  it  shall  have 
originated,  which  house  shall  enter  the  objections  at  large  upon 
the  journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  the  members  present  shall  agree  to  pass 
the  biU,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  present,  it  shall  become 
a law.  But  in  all  such  cases,  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  or  against  the  bill  shall  be  entered  on  the  journal  of 
eacli  house  respectively;  if  any  bill  shall  not  be  returned  by  the 
Governor  within  five  days  (Sundays  excepted),  after  it  shall 
have  been  presented  to  him,  it  shall  be  a law  without  his  signa- 
ture, unless  the  general  adjournment  shall  prevent  its  return,  in 
which  case  it  shall  be  a law,  unless  the  Governor,  within  five 
days  next  after  the  adjournment  ( Sundays  excepted ) shall  file 
such  bill,  with  his  objections  thereto,  in  the  office  of  the  Secre- 
tary of  State,  who  shall  lay  the  same  before  the  legislative  as- 
sembly at  its  next  session,  in  like  manner  as  if  it  had  been  re- 
turned by  the  Governor. 

Sec.  IG.  When,  during  a recess  of  the  legislative  assembly,  a 
vacancy  shall  happen  in  any  office,  the  appointment  of  which 
is  vested  in  the  legislative  assembly,  or  when  at  any  time  a 
vacancy  shall  have  occurred  in  any  other  State  office,  or  in  the 
office  of  judge  of  any  court,  the  Governor  shall  fill  such  vacancy 
by  appointment,  which  shall  expire  when  a successor  shall  have 
been  elected  and  qualified. 

Sec.  17.  He  shall  issue  writs  of  election  to  fill  such  vacancies 
as  may  have  occurred  in  the  legislative  assembly. 

Sec.  18.  All  commissions  shall  issue  in  the  name  of  the  State, 
sha]]  be  signed  by  the  Governor,  sealed  with  the  seal  of  the  State, 
and  attested  by  the  Secretary  of  State. 

ARTICLE  VI. 

Administratlm  Departinent. 

Section  1.  There  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  time  and  places  of  choosing  members  of  the  leg- 
islative assembly,  a Secretary  and  Treasurer  of  State,  who  shall 


208 


CONSTITUTION  OF  OREGON. 


sovemlly  hold  their  offices  for  the  term  of  four  years;  but  no 
person  shall  be  eligible  to  either  of  said  offices  more  than  eight, 
in  any  period  of  twelve  years. 

Sec.  2.  The  Secretary  of  State  shall  keep  a fair  record  of  the 
official  acts  of  the  legislative  assembly  and  executive  department 
of  the  State;  and  shall,  when  required,  lay  the  same,  and  all 
matters  relative  thereto,  before  either  branch  of  the  legislative 
assembly.  He  shall  be,  by  virtue  of  his  office,  auditor  of  public 
accounts,  and  shall  perform  such  other  duties  as  shall  be  as- 
signed him  by  law. 

Sec.  3.  There  shall  be  a seal  of  State,  kept  by  the  Secretary 
of  State  for  official  purposes,  which  shall  be  called  ^The  seal  of 
the  State  of  Oregon.” 

Sec.  4.  The  power  and  duties  of  the  Treasurer  of  State  shall 
be  such  as  may  be  prescribed  by  law. 

Sec  5.  The  Governor,  and  the  Secretary,  and  Treasurer  of 
State,  shall  severally  keep  the  public  records,  books  and  papers, 
in  any  manner  relating  to  their  respective  offices,  at  the  seat  of 
government,  at  which  place  also  the  Secretary  of  State  shall 
reside. 

Sec.  6.  There  shall  be  elected  in  each  county,  by  the  qualified 
electors  thereof,  at  the  time  of  holding  general  elections,  a 
county  clerk,  treasurer,  sheriff,  coroner,  and  surveyor,  who  shall 
severally  hold  their  offices  for  the  terin  of  two  years. 

Sec.  7.  Such  other  county,  township,  precinct,  and  city  officers 
as  may  be  necessary,  shall  be  elected  or  appointed  in  such  manner 
as  may  be  prescribed  by  law. 

Sec.  8.  No  person  shall  be  elected  or  appointed  to  a county 
office  who  shall  not  be  an  elector  of  the  county;  and  aU  county, 
township,  precinct  and  city  officers  shall  keep  their  respective 
offices  at  such  places  therein,  and  perform  such  duties  as  may 
be  prescribed  by  law. 

Sec.  9.  Vacancies  in  county,  township,  precinct  and  city  offices 
shall  be  filled  in  such  manner  as  may  be  prescribed  by  law. 

ARTICLE  Vn. 

Judicial  Department. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in 
a Supreme  Court,  Circuit  Courts,  and  County  Court,  which  shall 
be  courts  of  record,  having  general  jurisdiction,  to  be  defined, 
limited,  and  regulated  by  law  in  accordance  with  this  Constitu- 


CONSTITUTION  OF  OREGON. 


209 


tion.  Justices  of  the  peace  may  also  be  invested  with  limited 
judicial  powers;  and  Municipal  Courts  may  be  created  to  ad- 
minister the  regulations  of  incorporated  towns  and  cities. 

Sec.  2.  The  Supreme  Court  shall  consist  of  four  justices,  to 
be  chosen  in  districts  by  the  electors  thereof,  who  shall  be  citi- 
zens of  the  United  States,  and  who  shall  have  resided  in  the 
State  at  least  three  years  next  preceding  their  election,  and  after 
their  election,  to  reside  in  their  respective  districts.  The  number 
of  justices  and  districts  may  be  increased,  but  shall  not  exceed 
five,  until  the  white  population  of  the  State  shall  amount  to  one 
hundred  thousand,  and  shall  never  exceed  seven;  and  the  boun- 
daries of  districts  may  be  changed,  but  no  change  of  district 
shall  have  the  effect  to  remove  a judge  from  office,  or  require 
him  to  change  his  residence  without  his  consent. 

Sec.  3.  The  judges  first  chosen  under  this  Constitution  shall 
allot  among  themselves  their  terms  of  office,  so  that  the  term  of 
one  of  them  shall  expire  in  tw^o  years,  one  in  four  years,  and  two 
in  six  years,  and  thereafter  one  or  more  shall  be  chosen  every 
two  years,  to  serve  for  the  term  of  six  years. 

Sec.  4.  Every  vacancy  in  the  office  of  judge  of  the  Supreme 
Court  shall  be  filled  by  election  for  the  remainder  of  the  vacant 
term,  unless  it  would  expire  at  the  next  election,  and  until  so 
filled,  or  when  it  would  expire,  the  Governor  shall  fill  the  va- 
cancy by  appointment. 

Sec.  5.  The  judge  who  has  the  shortest  term  to  serve,  or  the 
oldest  of  several  having  such  shortest  term,  and  not  holding  by 
appointment,  shall  be  the  chief  justice. 

Sec.  G.  The  Supreme  Court  shall  have  jurisdiction  only  to 
revise  the  final  decisions  of  the  Circuit  Courts;  and  every  cause 
shall  be  tried,  and  every  decision  shall  be  made  by  those  judges 
only,  or  a majority  of  them,  who  did  not  try  the  cause  or  make 
the  decision  in  the  Circuit  Court. 

Sec.  7.  The  terms  of  the  Supreme  Court  shall  be  appointed  by 
law;  but  there  shall  be  one  term  at  the  seat  of  government 
annually.  And  at  the  close  of  each  term  the  judges  shall  file 
with  the  Secretary  of  State,  concise  written  statements  of  the 
decisions  made  at  that  term. 

Sec.  8.  The  Circuit  Court  shall  be  held  twice,  at  least,  in  each 
year,  in  each  county  organized  for  judicial  purposes,  by  one  of 
the  justices  of  the  Supreme  Court,  at  times  to  be  appointed  by 
14 


210 


CONSTITUTION  OF  OREGON. 


law ; and  at  such  other  times  as  may  he  appointed  by  the  judges 
severally,  in  pursuance  of  law. 

Sec.  9.  All  judicial  power,  authority  and  jurisdiction  not 
vested  by  this  Constitution,  or  by  laws  consistent  therewith 
exclusively  in  some  other  court,  shall  belong  to  the  Circuit  Courts ; 
and  they  shall  have  appellate  jurisdiction  and  supervisory  con- 
trol ov^er  the  County  Courts,  and  all  other  inferior  courts,  officers 
and  tribunals. 

Sec.  10.  When  the  white  population  of  the  State  shall  amount 
to  two  hundred  thousand,  the  legislative  assembly  may  provide 
for  the  election  of  supreme  and  circuit  judges  in  distinct  classes, 
one  of  which  classes  shall  consist  of  three  justices  of  the  Supreme 
Court,  who  shall  not  perform  circuit  duty,  and  the  other  class 
shall  consist  of  the  necessary  number  of  circuit  judges,  who  shall 
hold  full  terms  without  allotment,  and  who  shall  take  the  same 
oath  as  the  supreme  judges. 

Sec.  11.  There  shall  be  elected  in  each  county,  for  the  term  of 
four  years  a county  judge,  who  shall  hold  the  County  Court  at 
times  to  be  regulated  by  law. 

Sec.  12.  The  County  Court  shall  have  the  jurisdiction  per- 
taining to  Probate  Courts,  and  boards  of  county  commissioners, 
and  such  other  powers  and  duties,  and  such  civil  jurisdiction  not 
exceeding  the  amount  of  value  of  five  hundred  dollars,  and  such 
criminal  jurisdiction  not  extending  to  death  or  imprisonment  in 
the  penitentiary  as  may  be  prescribed  by  law.  But  the  legisla- 
tive assembly  may  provide  for  the  election  of  two  commissioners 
to  sit  with  the  county  judge  whilst  transacting  county  business 
in  any  or  all  the  counties,  or  may  provide  a separate  board  for 
transacting  such  business. 

Sec.  13.  The  county  judge  may  grant  preliminary  injunctions 
and  such  other  writs  as  the  legislative  assembly  may  authorize 
him  to  grant,  returnable  to  the  Circuit  Court,  or  otherwise  as 
may  be  provided  by  law;  and  may  hear  and  decide  questions 
arising  upon  habeas  corpus;  provided,  such  decision  be  not 
against  the  authority  or  proceedings  of  a court  or  judge  of  equal 
or  higher  jurisdiction. 

Sec.  14.  The  counties  having  less  than  ten  thousand  white 
inhabitants  shall  be  reimbursed,  wholly  or  in  part,  for  the  salary 
and  expenses  of  the  County  Court,  by  fees,  percentage,  and  other 
equitable  taxation  of  the  business  done  in  said  court,  and  in  the 
office  of  the  county  clerk. 


COXSTITUTIOX  OF  OREGOX. 


211 

the  term  of  tT^o  years,  who  shall  keep  all  the  public  records 

legislative  assembly  may  authorize  the  election  of  one  person  as 

Court  and  County 

oourt,  and  one  person  recorder  of  conveyances  ^ 

or'!^nr^*'  elected  by  districts  comprised  of  one 

who  Tn'T  T’  prosecuting  attorneys 

who  Shan  be  the  law  officers  of  the  State,  and  of  the  couS 

Sinin  "to  perform  such  duties 

w n ! ® administration  of  law  and  general  police  as  the 

legislative  assembly  may  direct. 

n,r=f‘  legislative  assembly  shall  so  provide  that  the 

chosen?"  il^e  conntv  shall  be 

chosen  for  jurors;  and  out  of  the  whole  number  in  attendance  at 

the  court,  seven  shall  be  chosen  by  lot  as  grand  jurors,  fiS  If 

om  must  concur  to  find  an  indictment.  But  the  legislative 
assembly  may  modify  or  abolish  grand  juries.  e.islative 

bee.  19.  Public  officers  shall  not  be  impeached;  but  incom- 

tri??’thr™"‘““’  delinquency  in  office  may  be 

tried  in  the  same  manner  as  criminal  offenses,  and  judgment  may 

a maTh  «"«1^  farther  punSimeS 

as^may  have  been  prescribed  by  law. 

n “ay  remove  from  office  a judge  of  the 

r P prosecuting  attorney,  upon  the  joint  resolu 

b^slctld  t?-thirdsif?e  mem. 

bers  elected  to  each  house  shall  concur,  for  incompetency  cor- 

:r  :;a?d“r?:h"  :e?s r « 

mirto Ih ^ 

mit  to  the  Secretary  of  State,  the  following  oath: 


212 


CONSTITUTION  OF  OKEOON. 


tion  of  the  State  of  Oregon;  and  that  I will  faithfully  and  impar- 
tially discharge  the  duties  of  judge  of  the  Supreme  and  Circuit 
Courts  of  said  State,  according  to  the  best  of  my  ability,  and  that 
I will  not  accept  any  other  office  except  judicial  offices,  during 
the  term  for  which  I have  been  elected.” 

ARTICLE  Vm. 

Education^  and  School  Lands. 

Section  1.  The  G-overnor  shall  be  Superintendent  of  Public 
Instruction,  and  his  powers  and  duties  in  that  capacity  shall  be 
such  as  may  be  prescribed  by  law;  but  after  the  term  of  five 
years  from  the  adoption  of  this  Constitution,  it  shall  be  compe- 
tent for  the  legislative  assembly  to  provide  by  law  for  the  elec- 
tion of  a superintendent,  to  provide  for  his  compensation,  and 
prescribe  his  powers  and  duties. 

Sec.  2.  The  proceeds  of  all  lands  which  have  been  or  hereafter 
may  be  granted  to  this  State,  for  educational  purposes  (except- 
ing the  lands  heretofore  granted  to  and  (aid)  in  the  establish- 
ment of  a university),  all  the  moneys  and  clear  proceeds  of  all 
property  which  may  accrue  to  the  State  by  escheat  or  forfeiture; 
all  moneys  which  may  be  paid  as  exemption  from  military 
duty;  the  proceeds  of  all  gifts,  devices  and  bequests,  made  by 
any  person  to  the  State  for  common  school  purposes;  the  pro- 
ceeds of  all  property  granted  to  the  State  when  the  purposes  of 
such  grant  shall  not  be  stated;  all  the  proceeds  of  the  five 
hundred  thousand  acres  of  land  to  which  the  State  is  entitled  by 
the  provisions  of  an  act  of  Congress,  entitled  “ An  act  to  appro- 
priate the  proceeds  of  the  sales  of  the  public  lands,  and  to  grant 
pre-emption  rights,  approved  September  4,  1841,”  and  also  the 
five  per  centum  of  the  net  proceeds  of  the  sales  of  the  public 
lands,  to  which  this  State  shall  become  entitled  on  her  admis- 
sion into  the  Union  ( if  Congress  shall  consent  to  such  appropria- 
tion of  the  two  grants  last  mentioned)  shall  be  set  apart  as  a 
separate  and  irreducible  fund,  to  be  called  the  common  school 
fund,  the  interest  of  which,  together  with  all  other  revenues 
derived  from  the  school  land  mentioned  in  this  section,  shall  be 
exclusively  applied  to  the  support  and  maintenance  of  common 
schools  in  each  school  district,  and  the  purchase  of  suitabl# 
libraries  and  apparatus  therefor. 


COXSTITUTIOX  OF  OEEGON. 


213 

Sec.  3.  The  legislative  assembly  shall  provide  bv  law  for  the 

Sec.  4.  ProTision  shaU  be  made  by  law  for  the  distribution 
of  the  income  of  the  common  school  fund  among  the  several 
counties  of  the  State,  in  proportion  to  the  number  of  chUdren 
resident  therein  between  the  ages  of  four  and  twenty  vears. 

®®""tary  of  State,  and  State  Treasurer 
^ statute  a board  of  commissioners  for  the  sale  of  school 
an  university  lands,  and  for  the  investment  of  the  funds  arising 
therefrom,  and  their  powers  and  duties  shall  be  such  as  mav  bf 

or  of  ti  - f e'  the  university  funds, 

nerinrl  “terest  arising  therefrom,  shall  be  expended  until  the 

the  ^ nT*  adoption  of  this  Constitution,  unless 

t>e  otherwise  disposed  of  by  the  consent  of  Con- 
grc..s  for  common  school  purposes. 

AETICLE.  IX. 

Finance. 

Section  1 The  legislative  assembly  shall  provide  bv  law  for 
nre«  T equal  rate  of  assessment  and  taxation;  and  shaU 

on^r^ov  both  real  and  personal,  excepting  such 

only  for  municipal,  educational,  literaiw,  scientMc.  religious  or 
chantable  purposes,  as  may  be  specially  exempted  bv  law  ’ 

eve^’law  ®^all  be  levied  except  in  pursuance  of  law,  and 

sam; 

puJL^alotapZSiatoit^^^^^  in 

-Sec.  5.  An  accurate  statement  of  the  receints  nna  .^i- 
tures  of  the  public  money  shall  be  published  with  the  laws  of 
each  regular  session  of  the  legislative  assembly. 

Sec.  6.  Tt-henever  the  expenses  of  any  fiscal  vear  shaU  exceed 
the  income,  the  legislative  assembly  shall  protade  for  lev^r" 


214 


CONSTITUTION  OF  OKEGON. 


tax  for  the  ensuing  fiscal  year,  sufficient,  with  other  sources  of 
income,  to  pay  the  deficiency,  as  well  as  the  estimated  expense 
of  the  ensuing  fiscal  year. 

Sec.  7.  Laws  making  appropriations  for  the  salaries  of  public 
officers  and  other  current  expenses  of  the  State,  shall  contain 
provisions  upon  no  other  subject. 

•Sec.  8.  All  stationery  required  for  the  use  of  the  State,  shall 
be  furnished  by  the  lowest  responsible  bidder,  under  such  regula- 
tions as  may  be  prescribed  by  law.  But  no  State  officer,  or  mem- 
ber of  the  legislative  assembly,  shall  be  interested  in  any  bid  or 
contract  for  furnishing  such  stationery. 

AKTICLE  X. 

Militia. 

Section  1.  The  militia  of  this  State  shall  consist  of  all  able- 
bodied  male  citizens  between  the  ages  of  eighteen  and  forty-five 
years,  except  such  persons  as  now  are  or  hereafter  may  be  ex- 
empted by  the  laws  of  the  United  States  or  of  this  State. 

Sec.  2.  Persons  whose  religious  tenets  or  conscientious  scru- 
ples forbid  them  to  bear  arms,  shall  not  be  compelled  to  do  so  in 
time  of  peace,  but  shall  pay  an  equivalent  for  personal  service. 

Sec.  3.  The  Governor  shall  appoint  the  adjutant-general  and 
the  other  chief  officers  of  the  general  staff,  and  his  own  staff,  and 
all  officers  of  the  line  shall  be  elected  by  the  persons  subject  to 
military  duty  in  their  respective  districts. 

Sec.  4.  The  majors-general,  brigadiers-general,  colonels  or 
commandants  of  regiments,  battalions,  or  squadrons,  shall  sever- 
ally appoint  their  staff  officers,  and  the  Governor  shall  commis- 
sion all  officers  of  the  line  and  staff  ranking  as  such. 

Sec.  5.  The  legislative  assembly  shall  fix  by  law  the  method 
of  dividing  the  militia  into  divisions,  brigades,  regiments,  bat- 
talions, and  companies,  and  make  all  other  needful  rules  and 
regulations  in  such  manner  as  they  may  deem  expedient,  not  in- 
compatible with  the  Constitution  or  laws  of  the  United  States, 
or  with  the  Constitution  of  this  State,  and  shall  fix  the  rank  of 
all  staff  officers. 

ARTICLE  XI. 

Corporations  and  hrter'nal  Improvements. 

Section  1.  The  legislative  assembly  shall  not  have  the  power 
to  establish  or  incorporate  any  bank,  or  banking  company,  or 
moneyed  institution  whatever;  nor  shall  any  bank,  company  or 


CONSTITUTION  OF  OREGON. 


215 


institution  exist  in  the  State  with  the  privilege  of  making,  issu- 
ing, or  putting  into  circulation  any  bill,  check,  certificate,  promis- 
sory note,  or  other  paper,  or  the  paper  of  any  bank,  company,  or 
person,  to  circulate  as  money. 

Sec.  2.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  laws,  except  for  municipal  pur- 
poses. All  laws  passed  pursuant  to  this  section  may  be  altered, 
amended,  or  repealed,  but  not  so  as  to  impair  or  destroy  any 
vested  corporate  rights. 

Sec.  3.  The  stockholders  of  all  corporations  and  joint  stock 
companies  shall  be  liable  for  the  indebtedness  of  said  corpora- 
tion to  the  amount  of  their  stock  subscribed  and  unpaid,  and  no 
more. 

Sec.  4.  No  person’s  property  shall  be  taken  by  any  corporation, 
under  authority  of  law%  without  compensation  being  first  made 
or  secured,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  5.  Acts  of  legislative  assembly,  incorporating  towns  and 
cities,  shall  restrict  their  powers  of  taxation,  borrowing  money, 
contracting  debts,  and  loaning  their  credit. 

Sec.  6.  The  State  shall  not  subscribe  to,  or  be  interested  in, 
the  stock  of  any  company,  association  or  corporation. 

Sec.  7.  The  legislative  assembly  shall  not  loan  the  credit  of 
the  State,  nor  in  any  manner  create  any  debts  or  liabilities, 
which  shall  singly  or  in  the  aggregate  with  previous  debts  or 
liabilities  exceed  the  sum  of  fifty  thousand  dollars,  except  in  case 
of  war,  or  to  repel  invasion,  or  suppress  insurrection;  and  every 
contract  of  indebtedness  entered  into  or  assumed  by  or  on  behalf 
of  the  State,  when  all  its  liabilities  and  debts  amount  to  said 
sum,  shall  be  void  and  of  no  effect. 

Sec.  8.  The  State  shall  never  assume  the  debt  of  any  county, 
town,  or  other  corporation  whatever,  unless  such  debts  shall  have 
been  created  to  repel  invasion,  suppress  insurrection,  or  defend 
the  State  in  war. 

Sec.  9.  No  county,  city,  town,  or  other  municipal  coi’poration, 
by  a vote  of  its  citizens,  or  otherwise,  shall  become  a stockholder 
in  any  joint-stock  compan}^,  corporation  or  association  whatever, 
or  raise  money  for,  or  loan  its  credit  to,  or  in  aid  of,  any  such 
comnany,  corporation  or  association. 

Sec.  10.  No  county  shall  create  any  debts  or  liabilities  which 
shall  singly,  or  in  the  aggregate,  exceed  the  sum  of  five  thousand 
dollars,  except  to  suppress  insurrection,  or  repel  invasion;  but 


216 


CONSTITUTION  OF  OREGON. 


the  debts  of  any  county,  at  the  time  this  Constitution  takes, 
effect,  shall  be  disregarded  in  estimating  the  sum  to  which  such 
county  is  limited. 

ARTICLE  Xn. 

State  Printer. 

Section  1.  There  shall  be  elected  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  members  of  the  leg- 
islative assembly,  a State  Printer,  who  shall  hold  office  for  the 
term  of  four  years.  He  shall  perform  all  the  public  printing  for 
the  State,  which  may  be  provided  by  law.  The  rates  to  be  paid 
to  him  for  such  printing  shall  be  fixed  by  law,  and  shall  neither 
be  increased  nor  diminished  during  the  term  for  which  he  shall 
have  been  elected.  He  shall  give  security  for  the  performance  of 
his  duties  as  the  legislative  assembly  may  provide. 

ARTICLE  XIII. 

Salaries. 

Section  1.  The  Governor  shall  receive  an  annual  salary  of 
fifteen  hundred  dollars.  The  Secretary  of  State  shall  receive  an 
annual  salary  of  fifteen  hundred  dollars.  The  Treasurer  of  State 
BhaU  receive  an  annual  salary  of  eight  hundred  dollars.  The 
judges  of  the  Suprme  Court  shall  each  receive  an  annual  salary 
of  two  thousand  dollars.  They  shall  receive  no  fees  or  perquis- 
ites whatever  for  the  performance  of  any  duties  connected  with 
their  ''-^spective  offices;  and  the  compensation  of  officers,  if  not 
fixed  by  this  Constitution,  shall  be  provided  by  law. 

ARTICLE  XIV. 

Seat  of  Government. 

Section  1.  The  legislative  assembly  shall  not  have  power  to 
establish  a permanent  seat  of  government  for  this  State.  But 
at  the  first  regular  session  after  the  adoption  of  this  Constitu- 
tion, the  legislative  assembly  shall  provide  by  law  for  the  sub- 
mission to  the  electors  of  this  State  at  the  next  general  election 
thereafter,  of  the  matter  of  the  selection  of  a place  for  a perma- 
nent seat  of  government;  and  no  place  shall  ever  be  the  seat  of 
government  under  such  law,  which  shall  not  receive  a majority 
of  all  votes  cast  on  the  matter  of  such  election. 

Sec.  2.  No  tax  shall  be  levied,  or  money  of  the  State  expended, 
or  debt  contracted  for  the  erection  of  a State  house  prior  to  the 
year  eighteen  hundred  and  sixty-five. 


CONSTITUTION  OF  OREGON. 


217 


Sec.  3.  The  seat  of  government,  when  established  as  provided 
in  section  one,  shall  not  be  removed  for  the  term  of  twenty  years 
from  the  time  of  such  establishment;  nor  in  any  other  manner 
than  as  provided  in  the  first  section  of  this  article;  provided, 
that  all  the  public  institutions  of  the  State,  hereinafter  provided 
for  by  the  legislative  assembly,  shall  be  located  at  the  seat  of 
government. 

ARTICLE  XV. 

Miscellayieous. 

Section  1.  AU  officers,  except  members  of  the  legislative  as- 
sembly, shall  hold  their  offices  until  their  successors  are  elected 
and  qualified. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided  for  by 
this  Constitution,  it  may  be  declared  by  law;  and  if  not  so  de- 
clared, such  office  shall  be  held  during  the  pleasure  of  the  author- 
ity making  the  appointment.  But  the  legislative  assembly  shall 
not  create  any  office,  the  tenure  of  which  shall  be  longer  than 
four  years. 

Sec.  3.  Every  person  elected  or  appointed  to  any  office  under 
the  Constitution  shall,  before  entering  on  the  duties  thereof, 
take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States,  and  of  his  State,  and  also  an  oath  of  office. 

Sec.  4.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any  pur- 
pose whatever,  are  prohibited,  and  the  legislative  assembly  shall 
prevent  the  same  by  penal  laws. 

Sec.  5.  The  property  and  pecuniary  rights  of  every  married 
woman,  at  the  time  of  marriage,  or  afterward  acquired  by  gift, 
devise,  or  inheritance,  shall  not  be  subject  to  the  debts  or  con- 
tracts of  the  husband;  and  laws  shall  be  passed  providing  for  the 
registration  of  the  wife’s  separate  property. 

Sec.  6.  No  county  shall  be  reduced  to  an  area  of  less  than 
four  hundred  square  miles;  nor  shall  any  new  county  be  estab- 
lished in  this  State  containing  a less  area,  nor  unless  such  new 
county  shall  contain  a population  of  at  least  twelve  hundred  in- 
habitants. 

Sec.  7.  No  State  officers  or  members  of  the  legislative  assem- 
bly shall  directly  or  indirectly  receive  a fee,  or  be  engaged  as 
counsel,  agent,  or  attorney  in  the  prosecution  of  any  claim  against 
this  State. 


218 


CONSTITUTION  OF  OREGON. 


Sec.  8.  No  Chinaman,  not  a resident  of  the  State  at  the  adop- 
tion of  this  Constitution,  shall  ever  hold  any  real  estate  or  min- 
ing claim,  or  work  any  mining  claim  therein. 

The  legislative  assembly  shall  provide  by  law  in  the  most  effecb 
ual  manner  for  carrying  out  the  above  provisions. 

ARTICLE  XVI. 

Boundaries. 

Section  1.  In  order  that  the  boundaries  of  the  State  may  be 
known  and  established,  it  is  hereby  ordained  and  declared  that 
the  State  of  Oregon  shall  be  bounded  as  follows,  to  wit: 

Beginning  one  marine  league  at  sea,  due  west  from  the  point 
where  the  forty-second  parallel  of  north  latitude  intersects  the 
same;  thence  northerly  at  the  same  distance  from  the  line  of  the 
coast  lying  west  and  opposite  the  State,  including  all  islands 
within  the  jurisdiction  of  the  United  States,  to  a point  due  west 
and  opposite  the  middle  of  the  north  ship  channel  of  the  Colum- 
bia river;  thence  easterly  to  and  up  the  middle  channel  of  said 
river,  and  when  it  is  divided  by  islands,  up  the  middle  of  the 
widest  channel  thereof  ( and  in  like  manner  up  the  middle  of  the 
main  channel  of  Snake  river)  to  the  mouth  of  the  Owyhee  river; 
thence  due  south  to  the  parallel  of  latitude  forty-two  degrees 
north;  thence  west  along  said  parallel  to  the  place  of  beginning, 
including  jurisdiction  in  civil  and  criminal  cases  upon  the  Colum- 
bia river  and  Snake  river,  concurrently  with  States  and  Territo- 
ries of  which  those  rivers  form  a boundary  in  common  with  this 
State.  But  the  Congress  of  the  United  States,  in  providing  for 
the  admission  of  this  State  into  the  Union,  may  make  the  said 
northern  boundary  conform  to  the  act  creating  the  Territory  of 
Washington. 

ARTICLE  XVII. 

Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  branch  of  the  legislative  assem- 
bly, and  if  the  same  shall  be  agreed  to  by  a majority  of  aU  the 
members  elected  to  each  of  the  two  houses,  such  proposed  amend- 
ment or  amendments  shall,  with  the  yeas  and  nays  thereon,  be 
entered  on  their  journals,  and  referred  to  the  legislative  assem- 
bly to  be  chosen  at  the  next  general  election ; and  if,  in  the  legis- 
lative assembly  so  next  chosen,  such  proposed  amendment  or 


CONSTITUTION  OF  OKEGON. 


219 


amendments  shall  be  agreed  to  by  a majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  legislative 
assembly  to  submit  such  amendment  or  amendments  to  the  elec- 
tors of  the  State,  and  cause  the  same  to  be  published  without 
delay  at  least  four  consecutive  weeks  in  several  newspapers 
published  in  this  State;  and  if  a majority  of  said  electors  shall 
ratify  the  same,  such  amendment  or  amendments  shall  become 
a part  of  this  Constitution. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  in  such 
manner,  that  the  electors  shall  vote  for  or  against  each  of  such 
amendments  separately;  and  while  an  amendment  or  amend- 
ments shall  have  been  agreed  upon  by  one  legislative  assembly, 
shall  be  awaiting  the  action  of  a legislative  assembly,  or  of  the 
electors,  no  additional  amendment  or  amendments  shall  be  pro- 
posed. 

AKTICLE  XVIII. 

Schedule. 

Section  1.  For  the  purpose  of  taking  the  vote  of  the  electors 
of  the  State  for  the  acceptance  or  rejection  of  this  Constitution, 
an  election  shall  be  held  on  the  second  Monday  of  November,  in 
the  year  1857,  to  be  conducted  according  to  existing  laws  regu- 
lating the  election  of  delegate  in  Congress,  so  far  as  applicable, 
except  as  herein  otherwise  provided. 

Sec.  2.  Each  elector  who  offers  to  vote  upon  this  Constitu- 
tion, shall  be  asked  by  the  judges  of  election  this  question: 

Do  you  vote  for  the  Constitution  — yes,  or  no? 

And  also  this  question: 

Do  you  vote  for  slavery  in  Oregon  — yes,  or  no? 

And  also  this  question: 

Do  you  vote  for  free  negroes  in  Oregon  — yes,  or  no? 

And  in  the  poll  books  shall  be  columns  headed  respectively, 
‘‘Constitution,  yes;’^  “Constitution,  no;”  “free  negroes,  yes;” 
“free  negroes,  no;”  “slavery,  yes;”  “slavery,  no.” 

And  the  names  of  the  electors  shall  be  entered  in  the  poll 
books,  together  with  their  answers  to  the  said  questions,  under 
their  appropriate  heads.  The  abstracts  of  the  votes  transmitted 
to  the  Secretary  of  the  Territory,  shall  be  publicly  opened  and 
canvassed  by  the  Governor  and  Secretary,  or  by  either  of  them, 
in  absence  of  the  other;  and  the  Governor,  or  in  his  absence. 


220 


CONSTITUTION  OF  OREGON. 


the  Secretary,  shall  forthwith  issue  his  proclamation,  and  publish 
the  same  in  the  several  newspapers  printed  in  this  State,  declar- 
ing the  result  of  the  said  election  upon  each  of  said  questions. 

Sec.  3.  If  a majority  of  all  the  votes  given  for  and  against  the 
Constitution,  shall  be  given  for  the  Constitution,  then  this  Con- 
stitution shall  be  deemed  to  be  approved  and  accepted  by  the 
electors  of  the  State,  and  shall  take  effect  accordingly;  and  if  a 
majority  of  such  votes  shall  be  given  against  the  Constitution, 
then  this  Constitution  shall  be  deemed  to  be  rejected  by  the 
electors  of  the  State,  and  shall  be  void. 

Sec.  4.  If  this  Constitution  shall  be  accepted  by  the  electors, 
and  a majority  of  all  the  votes  given  for  and  against  slavery, 
shaU  be  given  for  slavery,  then  the  following  section  shall  be 
added  to  the  bill  of  rights,  and  shall  be  part  of  this  Constitution: 

Sec.  — . Persons  lawfully  held  as  slaves  in  any  State,  Terri- 
tory or  District  of  the  United  States,  under  the  laws  thereof,  may 
be  brought  into  this  State;  and  such  slaves  and  their  descend- 
ants may  be  held  as  slaves  within  this  State,  and  shall  not  be 
emancipated  without  the  consent  of  their  owners.” 

And  if  a majority  of  such  votes  shall  be  given  against  slavery, 
then  the  foregoing  section  shall  not,  but  the  following  section 
shall  be  added  to  the  bill  of  rights,  and  shall  be  a part  of  this 
Constitution : 

Sec.  — . There  shall  be  neither  slavery  nor  involuntary  servi- 
tude in  the  State,  otherwise  than  as  a punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted.” 

And  if  a majority  of  all  the  votes  given  for  and  against  free 
negroes  shall  be  given  against  free  negroes,  then  the  following 
section  shall  be  added  to  the  bill  of  rights,  and  shall  be  a part 
of  this  Constitution: 

Sec.  — . No  free  negro  or  mulatto,  not  residing  in  this  State 
at  the  time  of  the  adoption  of  this  Constitution  shall  come,  re- 
side, or  be  within  this  State,  or  hold  any  real  estate,  or  make  any 
contracts,  or  maintain  any  suit  therein;  and  the  legislative  as- 
sembly shall  provide  by  penal  laws  for  the  removal  by  public 
officers  of  all  such  negroes  and  mulattoes,  and  for  their  effectual 
exclusion  from  the  State,  and  for  the  punishment  of  persons  who 
shall  bring  them  into  the  State,  or  employ  or  harbor  them.” 

Sec.  5.  Until  an  enumeration  of  the  white  inhabitants  of  the 
State  shall  be  made,  and  the  Senators  and  Representatives  appor- 
tioned as  directed  in  the  Constitution,  the  county  of  Marion 


CONSTITUTION  OF  OREGON. 


221 


shall  have  two  Senators  and  four  Representatives;  Lane,  two 
Senators  and  three  Representatives;  Clackamas  and  Wasco,  one 
Senator  jointly,  and  Clackamas  three  Representatives  and  Wasco 
one  Representative;  Yamhill,  one  Senator  and  two  Representa- 
tives; Polk,  one  Senator  and  two  Representatives;  Benton,  one 
Senator  and  two  Representatives;  Multnomah,  one  Senator  and 
two  Representatives;  Washington,  Columbia,  Clatsop  and  Tilla- 
mook, one  Senator  jointly,  and  Washington  one  Representative, 
and  Washington  and  Columbia  one  Representative  jointly; 
and  Clatsop  and  Tillamook,  one  Representative  jointly;  Doug- 
las, one  Senator  and  two  Representatives;  Jackson,  one  Senator 
and  three  Representatives;  Josephine  one  Senator  and  one  Rep- 
resentative; Umpqua,  Coos  and  Curry,  one  Senator  jointly,  and 
Umpqua  one  Representative,  and  Coos  and  Curry  one  Representa- 
tive jointly. 

Sec.  6.  If  this  Constitution  shall  be  ratified,  an  election  shall 
be  held  on  the  first  Monday  in  June,  1858,  for  the  election  of 
members  of  the  legislative  assembly,  a representative  in  Congress 
and  State  and  county  officers;  and  the  legislative  assembly  shall 
convene  at  the  capital  on  the  first  Monday  of  July,  1858,  and 
proceed  to  elect  two  Senators  in  Congress,  and  make  such  further 
provision  as  may  be  necessary  to  the  complete  organization  of  a 
State  government. 

Sec.  7.  All  laws  in  force  in  the  Territory  of  Oregon  when  this 
Constitution  takes  effect,  and  consistent  therewith,  shall  con- 
tinue in  force  until  altered  or  repealed. 

Sec.  8.  All  officers  of  the  Territory  of  Oregon,  or  under  its 
laws,  when  this  Constitution  takes  effect,  shall  continue  in  office 
until  superseded  by  the  State  authorities. 

Sec.  9.  Crimes  and  misdemeanors  committed  against  the  Ter- 
ritory of  Oregon  shall  be  punished  by  the  State  as  they  might 
have  been  punished  by  the  Territory  if  the  change  of  government 
had  not  been  made. 

Sec.  10.  All  property  and  rights  of  the  Territory  and  of  the 
several  counties,  subdivisions,  and  political  bodies  corporate  of, 
or  in  the  Territory,  including  fines,  penalties,  forfeitures,  debts 
and  claims  of  whatsoever  nature,  and  recognizances,  obligations, 
and  undertakings  to  or  for  the  use  of  the  Territory  or  any  county, 
political  corporation,  office  or  otherwise,  to  or  for  the  public, 
shall  enure  to  the  State,  or  remain  to  the  county,  local  division. 


222 


CONSTITUTION  OF  OREGON. 


corporation,  officer,  or  public,  as  if  the  change  of  government  had 
not  been  made;  and  private  rights  shall  not  be  affected  by  such 
change. 

Sec.  11.  Until  otherwise  provided  by  law,  the  judicial  districts 
of  the  State  shall  be  constituted  as  follows:  The  counties  of 

Jackson,  Josephine  and  Douglas  shall  constitute  the  first  dis- 
trict. The  counties  of  Umpqua,  Coos  and  Curry,  Lane  and  Ben- 
ton shall  constitute  the  second  district.  The  counties  of  Linn, 
Marion,  Polk,  Yamhill  and  Washington  shall  constitute  the  third 
district.  The  counties  of  Clackamas,  Multnomah,  Wasco,  Colum- 
bia, Clatsop  and  Tillamook  shall  constitute  the  fourth  district ; and 
the  county  of  Tillamook  shall  be  attached  to  the  county  of  Clat- 
sop for  judicial  purposes. 

Done  in  Convention  at  Salem,  the  eighteenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
seven,  and  of  the  independence  of  the  United  States  the  eighty- 

second. 


MATTHEW  P.  DEADY,  President 
CHESTER  N.  TERRY,  Secretary. 


CONSTITUTION 

OF  THE 


STATE  OF  PENNSYLVANIA. 


CONSIIIUIION  OF  TIIF  STATF  OF  PENNSYLVANIA 


ARTICLES. 

Article 

1.  Declaration  of  rights. 

2.  The  Legislature. 

3.  Legislation. 

4.  The  executive. 

5.  The  judiciary. 

6.  Impeachment  and  remova 

office. 


7.  Oath  of  office. 

8.  Suffrage  and  elections. 

9.  Taxation  and  finance. 

10.  Education. 

11.  Militia. 


from 


Section 

12.  Limitations  upon  suspension  of 

laws. 

13.  Excessive  bail  or  fines  and  cruel 

punishment  forbidden. 

14.  Bail  to  be  accepted.  — Habeas 

corpus. 

15.  No  commission  of  Oyer  and  Ter- 

miner. 

16.  Imprisonment  of  insolvent  debt- 

ors limited. 

17.  Laws  ex  post  facto,  etc.,  for- 

bidden. 


12.  Public  officers. 

13.  New  counties. 

14.  County  officers. 

16.  Cities  and  city  charters. 

16.  Private  corporations. 

17.  Railroads  and  canals. 

18.  Future  amendments. 

Schedule. 

Preamble. 

article  I. 

Declaration  of  Rkjhts. 

Section 

1.  Equality  and  rights  of  men. 

2.  Political  powers  Inherent  In  the 

people. 

3.  Freedom  of  religious  thought 

and  worship. 

4.  Religious  opinions  not  to  dis- 

qualify for  holding  office. 

6.  Freedom  of  elections. 

6.  Trial  by  jury. 

7.  Freedom  of  the  press. 

8.  Searches  and  seizures  limited. 

9.  Rights  of  defense  and  privi- 

leges in  criminal  prosecutions. 

10.  Criminal  informations  limited. I 

Twice  In  jeopardy, 
a.  Justice  to  be  free  and  without 


18.  No  legislative  attainder  of  trea- 

son  or  felony. 

19.  Attainder  shall  not  work  cor- 

I ruption  of  blood  or  forfeiture 

beyond  life. 

20.  Rights  of  meeting  and  petition. 

21.  Right  to  bear  arms. 

,22.  Military  subordinate  to  civil 
power. 

I 23.  Quartering  troops  In  houses, 
j 24.  No  title  of  nobility,  etc. 

25.  Emigration  permitted. 

26.  Everything  in  this  article  ex- 

cepted  from  the  powers  of 
government. 

article  II. 

The  Legislature. 

1-  The  legislative  power  vested 

2.  Biennial  elections. 

3.  Legislative  terms. 

4.  Biennial  meetings. 

5.  Qualifications  of  Senators  and 

Representatives. 

6.  Dlsquallflcatlon  for  appointment 

to  office. 

7.  Conviction  of  certain  crimes  to 

disqualify. 

8.  Compensation. 

9.  Presiding  officers. 

10.  Quorum. 


226 


CONSTITUTION  OF  PENNSYLVANIA 


Section 

11.  Powers  of  each. 

12.  Each  house  to  keep  a journal. 

13.  Sessions  to  be  open. 

14.  Adjournments. 

15.  Privileges  of  members. 

16.  Senatorial  districts. 

17.  Representative  districts. 

18.  Apportionments. 

ARTICLE  III. 

Legislation. 

1.  Passage  of  bills. 

2.  Reference  and  printing. 

3.  Bills  to  contain  but  one  subject. 

4.  To  be  read  on  three  days.  — 

Amendments  to  be  printed. — 
Yeas  and  nays. 

5.  Votes  concurring  in  amend- 

ments to  be  yeas  and  nays. 

6.  Revival  of  law. 

7.  Limitation  on  special  legisla- 

tion, etc. 

8.  Notice  of  local  or  special  bills. 

9.  Signing  of  bills  by  presiding 

officers. 

10.  Legislative  officers. 

11.  No  extra  compensation  to  offi- 

cers or  contractors. 

12.  Public  printing. 

13.  No  extension  of  official  terms  or 

increase  of  pay. 

14.  Revenue  bills. 

15.  Appropriation  bills. 

16.  Payments  of  moneys  from  the 

treasury. 

17.  Appropriations  to  charitable  in- 

stitutions. 

18.  Appropriations  for  charitable 

purposes,  etc.,  limited. 

19.  Appropriations  for  widows  and 

orphans  of  soldiers. 

20.  Power  over  municipal  adminis- 

tration not  to  be  delegated. 

21.  No  limitation  of  damages  for 

certain  injuries. — Nor  of  times 
for  bringing  suits. 

22.  Investment  of  trust  funds. 

23.  Changes  of  venue. 

24.  No  obligation  of  corporations  to 

the  State  to  be  released. 

25.  Limitations  of  legislative  power 

at  sessions. 


Section 

26.  Concurrent  orders,  resolutions 

and  votes  to  be  presented  to 
the  Governor. 

27.  No  State  inspectors  of  merchan- 

dise. 

28.  Changing  location  of  State  capi- 

tol. 

29.  Bribery  of  members. 

30.  Bribery  of  officers. 

31.  Corrupt  solicitation  to  be  pun- 

ished by  fine  and  imprison- 
ment. 

32.  Witnesses  to  testify  in  cases  of 

bribery,  etc. — Punishment. 

33.  Interested  members  shall  not 

vote. 

ARTICLE  IV. 

The  Executive. 

1.  Executive  officers. 

2.  Governor. — His  election. 

3.  His  term. 

4.  Lieutenant-Governor. 

5.  Qualifications  of  Governor  and 

Lieutenant-Governor. 

6.  Congressmen,  etc.,  disqualified. 

7.  Governor  to  command  militia. 

8.  Powers  of  Governor  to  appoint 

with  consent  of  Senate.  — To 
fill  vacancies. — Votes  to  be  re- 
corded. 

9.  Pardoning  power. 

10.  Governor  may  require  informa- 

tion. 

11.  Shall  give  information  and  re- 

commend measures  to  General 
Assembly. 

12.  May  convene  General  Assembly, 

and  adjourn  the  two  houses 
when  they  disagree. 

13.  Lieutenant-Governor  to  act  as 

Governor. 

14.  President  pro  tempore  of  the 

Senate. 

15.  Approval  of  bills. — Veto  of  bills. 

— Retained  bills  to  become  law. 

16.  A partial  veto  allowed  on  ap- 

propriation bills. 

17.  Chief  justice  to  preside  on  trial 

of  contested  election  of  Gov- 
ernor or  Lieutenant-Governor. 

18.  Secretary  of  Commonwealth. 


227 


CONSTITUTION  OF  PENNS YLYANIA. 


Section 

19.  Secretary  of  Internal  Affairs. 

20.  Superintendent  of  Public  In- 

struction. 

21.  Terms  of  heads  of  departments. 

22.  Seal  of  State. — Commissions  to 

be  signed  and  sealed. 

ARTICLE  V. 

Judiciary. 

1.  The  courts. 

2.  The  Supreme  Court.— Tenure  of 

judges.— Chief  justice. 

3.  Jurisdiction  of  Supreme  Court. 

4.  Court  of  Common  Pleas.  — Dis- 

tricts not  to  contain  more 
than  four  counties. 

5.  Judicial  districts.— Office  of  asso- 

ciate judge  abolished. 

6.  Common  Pleas  courts  in  Phila- 

delphia and  Allegheny. 

7.  Prothonotary  in  Philadelphia.— 

Separate  dockets  for  courts. 

8.  Criminal  courts  in  Philadelphia 

and  Allegheny. 

9.  Jurisdiction  of  Common  Pleas 

judges. 

10.  May  issue  writs  of  certiorari 

to  inferior  courts. 

11.  Justices  of  the  peace  and  aider- 

men. 

12.  Magistrates  in  Philadelphia. 

13.  Fees  and  fines  to  be  paid  to  the 

county  treasury. 

14.  Appeals  from  summary  convic- 

tion. 

15.  Election  and  term  of  judges.— 

Removal. 

16.  Election  of  judges  of  Supreme 

Court  by  limited  vote. 

17.  Priority  of  commissions  of 

judges. 

18.  Compensation  of  judges.  — Dis- 

qualification. 

19.  Residence  of  judges. 

20.  Chancery  powers  of  Courts  of 

Common  Pleas. 

21.  No  extra  judicial  duties  for 

judges. 

22.  Separate  orphans’  court.  — Reg- 

ister of  wills  to  be  clerk  there- 
of. 


Section 

23.  Style  of  process  and  indictment. 

24.  Review  in  Supreme  Court  in 
criminal  cases. 

2o.  Vacancies  in  courts,  how  filled. 

I 26.  Uniform  laws  of  courts.— Spec- 
ial courts  prohibited. 

27.  Parties  may  submit  issues  of 
fact  to  the  court. — Appeals. 

article  VI. 

Impeachment  and  Removal  from  Office. 

1.  Impeachment. 

2.  How  tried. 

3.  What  officers  impeachable.  — 
Judgment. 

4.  Condition  of  official  tenure.— 
Removal. 

article  VII. 

Oath  of  Office. 

1.  General  oath  of  office. 

article  VIII. 

Suffrage  and  Elections. 

I 1.  Qualifications  for  voters. 

2.  General  elections. 

3.  Municipal  elections. 

4.  Elections  to  be  by  ballot  and 
^ ballots  numbered.— indorse- 
^ ments  thereon  authorized. 

! 5.  Electors  privileged  from  arrest, 

j 6.  Soldier  voting. 

7.  Election  laws  to  be  uniform, 

but  unregistered  electors  may 
■ vote. 

8.  Corruption  to  disqualify  voters. 

— Challenge. 

9.  Candidates  guilty  of  bribery, 

etc.,  disqualified  for  holding 
office.-Willful  violation  of 
election  laws,  to  disqualify  for 
voting. 

10.  Witnesses  not  to  withhold  testi- 

mony in  election  cases. 

11.  Election  districts. 

12.  Representatives  to  vote  viva 

voce. 

13.  Residence  of  voters  not  gained 

or  lost  in  certain  cases. 

14.  Election  boards.— Clerks.— Va- 

cancies.—Privileges  of  election 
officers. 


228 


CONSTITUTIOK  OF  PENNSYLVANIA. 


Section 

15.  Government  officers  and  em- 

ployes disqualified  to  serve  as 
election  officers. — Ineligibility 
of  election  officers. 

16.  Courts  of  Common  Pleas  may 

appoint  overseers  of  election. 

17.  Trial  of  contested  elections. 

ARTICLE  IX. 

Taxation  and  Finance. 

1.  Taxes  to  be  uniform. — Exemp- 

tion. 

2.  Limitation  of  power  to  exempt. 

3.  Power  to  tax  corporations  not 

to  be  surrendered. 

4.  Power  to  make  debts. 

6.  Moneys  borrowed  to  be  used  for 
the  purpose  specified. 

6.  State  credit  not  to  be  loaned. 

7.  Municipalities  not  to  become 

stockholders,  etc. 

8.  Municipal  debts  limited. 

9.  No  assumption  of  municipal 

debts  by  State. 

10.  Repayment  of  municipal  debt 

to  be  provided  for. 

11.  Sinking  fund. 

12.  The  moneys  of  the  State. 

13.  Reserve  in  treasury. 

14.  Reserve  not  to  be  converted  to 

private  use. 

ARTICLE  X. 

Education. 

1.  Public  schools  to  be  maintained. 

— Amount  appropriated. 

2.  No  appropriation  to  sectarian 

schools. 

3.  Women  eligible  to  school  offices. 

ARTICLE  XI. 

Militia. 

1.  Organization  of  militia.  — Ex- 
emption authorized. 

ARTICLE  XII. 

Public  Officers. 

1.  Selection  of  public  officers. 

2.  Federal  officers  disqualified  for 

State  office. 

3.  Dueling  disqualifies  for  office. 


ARTICLE  XIII. 

Ne\o  Counties. 

Section 

1.  Limitation  of  power  to  create- 
counties. 

’ARTICLE  XIV. 

County  Officers. 

1.  County  officers. 

2.  Election  and  term. — Vacancies. 

3.  Residence  of  county  officers, 

4.  Offices  to  be  kept  in  county 

town. 

5.  Compensation. 

6.  Accountability  of  municipal 

officers. 

7.  County  commissioners  and  audi- 

tors to  be  chosen  by  limited 
vote. — Vacancies,  how  filled. 

ARTICLE  XV. 

Cities  and  City  Charters. 

1.  General  laws  to  establish  cities. 

2.  Municipal  commissions  not  to 

incur  debts  except  on  appro- 
priations. 

3.  Sinking  funds  in  cities. 

ARTICLE  XVI. 

Private  Corporations. 

1.  Unused  charters  to  be  void. 

2.  No  charter  to  be  validated  or 

amended  except  on  condition. 

3.  Right  of  eminent  domain  not  ta 

be  abridged  or  police  power 
limited. 

4.  Cumulative  voting  in  stock- 

holder elections. 

5.  Foreign  corporations  to  have 

places  of  business  in  State. 

6.  Corporations  not  to  engage  in 

business  unauthorized  by 
charters. 

7.  Fictitious  increase  of  stock  or 

bonds  forbidden. 

8.  Taking  of  private  property  to  be 

compensated. 

9.  Bank  notes  and  bills  to  be  se- 

cured. 

10.  Repeal  of  charter  authorized. — 
No  law  to  create  more  than 
one  charter. 


CONSTITUTION  OF  PENNSYLVANIA 


229 


Section 

11.  Notice  of  bills  to  create  banks. 

— Bank  charters  limited  to 
twenty  years. 

12.  Tele^aph  lines. 

13.  The  word  “ corporation  ” de- 

fined. 

ARTICLE  XVII. 

liailroadH  ari/J.  Canah. 

1.  Railroads  and  canals,  public 

highways. — Shall  have  connec- 
tion and  use  of  connecting 
roads. 

2.  To  keep  offices  in  the  State. 

3.  Discriminations  in  charges  for 

freight  and  passengers  pro- 
hibited. 

4.  Consolidation  with  competing 

companies  prohibited. 

6.  Common  carrier  corporations 

not  to  engage  in  mining,  etc. 

€.  Officers,  etc.,  of  companies  not 
to  engage  in  transportation 
business. 

7.  No  discrimination  in  charges  to 

transporters. 

8.  Free  passes  on  railroads  pro- 

hibited. 

9.  Passenger  railroads  not  to  be 

constructed  without  consent 
of  municipal  authorities. 

10.  Acceptance  of  this  article  by 

companies. 

11.  Duties  of  Auditor-General  as  to 

companies  transferred  to  Sec- 
retary of  Internal  Affairs. 

12.  General  Assembly  to  enforce  the 

provisions  of  this  article. 

ARTICLE  XVIII. 

Future  AmendmentH, 

1.  Amendments  may  be  proposed 
by  Legislature. — Amendments 
not  to  be  submitted  oftener 
than  once  in  five  years. 


SCHEDULE. 

Section 

1.  When  Constitution  to  take  ef- 

fect. 

2.  Laws  in  force. 

3.  Senators  to  be  elected  when 

there  are  vacancies. 

4.  To  be  elected  from  even  dis- 

tricts. 

5.  First  election  for  Governor. 

6.  Lieutenant-Governor,  when  to 

be  elected. 

7.  Secretary  of  Internal  Affairs. 

8.  Superintendent  of  Common 

Schools,  office  to  cease. 

9.  Re-election. 

10.  Supreme  Court  Judges. 

11.  Courts  of  Record. 

12.  Register’s  courts  to  be  abol- 

ished. 

1^.  Judicial  districts. 

14.  The  same  of  the  census. 

15.  Judges  to  hold  office. 

16.  Presiding  Judge. 

17.  Compensation  of  Judges  of  Su- 

preme Court. 

18.  Courts  of  Common  Pleas. 

19.  In  regard  to  Judges.  ^ 

20.  Courts. 

21.  Causes  pending. 

22.  The  same. 

23.  The  prothonotary  of  Court  of 

Common  Pleas. 

24.  Aldermen  in  cities  over  50,000 

inhabitants. 

25.  Philadelphia  magistrates. 

26.  Term  of  those  in  office  to  con- 

tinue 'till  it  expires. 

27.  As  to  the  seventh  article. 

28.  County  commissioners  and  audi- 

tors, terms  of  office. 

29.  Salaries  of  officers. 

30.  All  State  and  Judicial  officers  to 

take  oath  of  office. 

31.  Laws  to  be  passed. 

32.  Certain  ordinance  to  be  valid, 

33.  County  commissioners,  defined. 


230 


CONSTITUTION  OF  PENNSYLVANIA. 


PREAMBLE. 

We,  the  people  of  the  Commonwealth  of  Pennsylvania,  grateful 
to  Almighty  God  for  the  blessings  of  civil  and  religious  liberty, 
and  humbly  invoking  His  guidance,  do  ordain  and  establish  this 
Constitution. 

ARTICLE  I. 

Declaration  of  Bights. 

That  the  general,  great  and  essential  principles  of  liberty  and 
free  government  may  be  recognized  and  unalterably  established, 
we  declare  that — 

Section  1.  All  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeasible  rights,  among  which 
are  those  of  enjoying  and  defending  life  and  liberty,  of  acquiring, 
possessing  and  protecting  property  and  reputation,  and  of  pursu- 
ing their  own  happiness. 

Sec.  2.  All  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority  and  instituted  for  their 
peace,  safety  and  happiness.  For  the  advancement  of  these  ends 
they  have  at  all  times  an  inalienable  and  indefeasible  right  to 
alter,  reform  or  abolish  their  government  in  such  manner  as 
they  may  think  proper. 

Sec.  3.  All  men  have  a natural  and  indefeasible  right  to> 
worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences;  no  man  can  of  right  be  compelled  to  attend,  erect 
or  support  any  place  of  worship,  or  to  maintain  any  ministry 
against  his  consent;  no  human  authority  can,  in  any  case  what- 
ever, control  or  interfere  with  the  rights  of  conscience,  and  no- 
preference shall  ever  be  given  by  law  to  any  religious  establish- 
ments or  modes  of  worship. 

Sec.  4.  No  person  who  acknowledges  the  being  of  a God,  and  a 
future  state  of  rewards  and  punishments  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place 
of  trust  or  profit  under  this  Commonwealth. 

Sec.  5.  Elections  shall  be  free  and  equal;  and  no  power,  civil 
or  military,  shall  at  any  time  interfere  to  prevent  the  free  exer- 
cise of  the  right  of  suffrage. 

Sec.  6.  Trial  by  jury  shall  be  as  heretofore,  and  the  right 
thereof  remain  inviolate. 

Sec.  7.  The  printing  press  shall  be  free  to  every  person  who 
may  undertake  to  examine  the  proceedings  of  the  Legislature  or 


CONSTITUTION  OF  PENNSYLVANIA. 


231 


any  branch  of  government,  and  no  law  shall  ever  be  made  to 
restrain  the  right  thereof.  The  free  communication  of  thoughts 
and  opinions  is  one  of  the  invaluable  rights  of  man,  and  every 
citizen  may  freely  speak,  write  and  print  on  any  subject,  being 
responsible  for  the  abuse  of  that  liberty.  No  conviction  shall  be 
had  in  any  prosecution  for  the  publication  of  papers  relating  to 
the  official  conduct  of  officers  or  men  in  public  capacity,  or  to  any 
other  matter  proper  for  public  investigation  or  infor-mation, 
where  the  fact  that  such  publication  was  not  maliciously  or  negli- 
gently made  shall  be  established  to  the  satisfaction  of  the  jury; 
and  in  all  indictments  for  libels  the  jury  shall  have  the  right  to 
determine  the  law  and  the  facts,  under  the  direction  of  the  court, 
as  in  other  cases. 

Sec.  8.  The  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  from  unreasonable  searches  and  seizures, 
and  no  warrant  to  search  any  place  or  to  seize  any  person  or 
things  shall  issue  without  describing  them  as  nearly  as  may  be, 
nor  without  probable  cause,  supported  by  oath  or  affirmation  sub- 
scribed to  by  the  affiant. 

Sec.  9.  In  all  criminal  prosecutions  the  accused  hath  a right 
to  be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  to  meet  the  witnesses  face 
to  face,  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favors,  and,  in  prosecutions  by  indictment  or  information,  a speedy 
public  trial  by  an  impartial  jury  of  the  vicinage;  he  cannot  be 
compelled  to  give  evidence  against  himself,  nor  can  he  be  deprived 
of  his  life,  liberty  or  property,  unless  by  the  judgment  of  his 
peers  or  the  law  of  the  land.  • 

Sec.  10.  No  person  shall,  for  any  indictable  offense,  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  seiw- 
ice,  in  time  of  war  or  in  public  danger,  or  by  leave  of  the  court 
for  oppression  or  misdemeanor  in  office.  No  jjerson  shall,  for  the 
same  offense,  be  twice  jjut  in  jeopardy  of  life  or  limb;  nor  shall 
private  property  be  taken  or  applied  to  public  use,  without 
authority  of  law  and  without  just  compensation  being  first  made 
or  secured. 

Sec.  11.  All  courts  shall  be  open;  and  every  man  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation  shall  have 
remedy  by  due  course  of  law,  and  right  and  justice  administered 


232 


CONSTITUTION  OF  PENNSYLVANIA. 


without  sale,  denial  or  delay.  Suits  may  be  brought  against  the 
Commonwealth  in  such  manner,  in  such  courts  and  in  such  cases 
as  the  Legislature  may  by  law  direct. 

Sec.  12.  No  power  of  suspending  laws  shall  be  exercised  unless 
by  the  Legislature  or  by  its  authority. 

Sec.  13.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted. 

Sec.  14.  All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses  when  the  proof  is  evident  or  presump- 
tion great;  and  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

Sec.  15.  No  commission  of  oyer  and  terminer  or  jail  delivery 
shall  be  issued. 

Sec.  1 6.  The  person  of  a debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  deliver- 
ing up  his  estate  for  the  benefit  of  his  debtors  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  17.  No  ex  post  facto  law,  nor  any  law  impairing  the  obli- 
gation of  contracts,  or  making  irrevocable  any  grant  of  special 
privileges  or  immunities,  shall  be  passed. 

Sec.  18.  No  person  shall  be  attainted  of  treason  or  felony  by 
the  Legislature. 

Sec.  19.  No  attainder  shall  work  corruption  of  blood,  nor, 
except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the 
Commonwealth.  The  estate  of  such  persons  as  shall  destroy 
their  own  lives  shall  descend  or  vest  as  in  cases  of  natural  death, 
and  if  any  person  shall  be  killed  by  casualty  there  shall  be  no 
forfeiture  by  reason  thereof. 

Sec.  20.  The  citizens  have  a right  in  a peaceable  manner  to 
assemble  together  for  their  common  good  and  to  apply  to  those 
invested  with  the  lowers  of  government  for  redress  of  grievances 
or  other  proper  purposes,  by  petition,  address  or  remonstrance. 

Sec.  21.  The  right  of  the  citizens  to  bear  arms  in  defense  of 
themselves  and  the  State  shall  not  be  questioned. 

Sec.  22.  No  standing  army  shall,  in  time  of  peace,  be  kept  up 
without  the  consent  of  the  Legislature,  and  the  military  shall 
In  all  cases  and  at  all  times  be  in  strict  subordination  to  the  civil 
plover. 


CONSTITUTION  OF  PENNSYLVANIA. 


233 


Sec.  23.  No  soldier  shall  in  time  of  peace  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in 
a manner  prescribed  by  law. 

Sec.  24.  The  Legislature  shall  not  grant  any  title  of  nobility 
or  hereditary  distinction,  nor  create  any  office  the  appointment, 
to  which  shall  be  for  a longer  term  than  during  good  behavior. 

Sec.  25.  Emigration  from  the  State  shall  not  be  prohibited. 

Sec.  26.  To  guard  against  transgressions  of  the  high  powers 
which  we  have  delegated,  we  declare  that  e ^erything  in  this  arti- 
cle is  excepted  out  of  the  general  powers  of  government  and  shall 
forever  remain  inviolate. 

AKTICLE  II. 

The  Legislature. 

Section  1.  The  legislative  power  of  this  Commonwealth  shall 
be  vested  in  a General  Assembly  which  shall  consist  of  a Senate 
and  a House  of  Representatives. 

Sec.  2.  Members  of  the  General  Assembly  shall  be  chosen  at 
the  general  election  every  second  year.  Their  term  of  service 
shall  begin  on  the  first  day  of  December  next  after  their  election. 
Wlienever  a vacancy  shall  occur  in  either  house,  the  presiding 
officer  thereof  shall  issue  a writ  of  election  to  fill  such  vacancy 
for  the  remainder  of  the  term. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years 
and  Representatives  for  the  term  of  two  years. 

Sec.  4.  The  General  Assembly  shall  meet  at  twelve  o^clock, 
noon,  on  the  first  Tuesday  of  January  every  second  year,  and  at 
other  times  when  convened  by  the  Governor,  but  shall  hold  no 
adjourned  annual  session  after  the  year  one  thousand  eight  hun- 
dred and  seventy-eight.  In  case  of  a vacancy  in  the  office  of 
United  States  Senator  from  this  Commonwealth,  in  a recess 
between  sessions,  the  Governor  shall  convene  the  two  houses,  by 
proclamation  on  notice  not  exceeding  sixty  days,  to  fill  the  same. 

Sec.  5.  Senators  shall  be  at  least  twenty-five  years  of  age  and 
Representatives  twenty -one  years  of  age.  They  shall  have  been 
citizens  and  inhabitants  of  the  State  four  years,  and  inhabitants 
of  Their  respective  districts  one  year  next  before  their  election 
(unlf^ss  absent  on  the  public  business  of  the  United  States  or  of 
this  State),  and  shall  reside  in  their  respective  districts  during 
their  terms  of  office.  . i ! 


234 


CONSTITUTION  OF  PENNSYLVANIA. 


Sec.  6.  No  Senator  or  Kepresentative  shall,  during  the  time 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  under  this  Commonwealth,  and  no  member  of  Congress,  or 
other  person,  holding  any  office  (except  of  attorney-at-law  or  in  the 
•militia)  under  the  United  States,  or  this  Commonwealth,  shall 
be  a member  of  either  house  during  his  continuance  in  office. 

Sec.  7.  No  person  hereafter  convicted  of  embezzlement  of  pub- 
lic moneys,  bribery,  perjuiy  or  other  infamous  crime,  shall  be 
eligible  to  the  General  Assembly,  or  capable  of  holding  any  office 
of  trust  or  profit  in  this  Commonwealth. 

Sec.  8.  The  members  of  the  General  Assembly  shall  receive 
such  salaiy  or  mileage  for  regular  and  special  sessions  as  shall 
be  fixed  by  law,  and  no  other  compensation  whatever,  whether  for 
service  upon  committee  or  otherwise.  No  member  of  either  house 
shall,  during  the  term  for  which  he  may  have  been  elected,  receive 
any  increase  in  salary,  or  mileage,  under  any  law  passed  during 
such  term. 

Sec.  9.  The  Senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  such  other  times  as  may  be  necessary, 
elect  one  of  its  members  president  pro  tempore,  who  shall  per- 
form the  duties  of  the  Lieutenant-Governor,  in  any  case  of  absence 
or  disability  of  that  officer,  and  whenever  the  said  office  of  Lieu- 
tenant-Governor shall  be  vacant.  The  House  of  Representatives 
shall  elect  one  of  its  members  as  speaker.  Each  house  shall 
choose  its  other  officers,  and  shall  judge  of  the  election  and  quali- 
fications of  its  members. 

Sec.  10.  A majority  of  each  house  shall  constitute  a quorum, 
but  a smaller  number  may  adjourn  from  day  to  day  and  compel 
the  attendance  of  absent  members. 

Sec.  11.  Each  house  shall  liaA'e  power  to  determine  the  rules  of 
its  proceedings  and  punish  its  members  or  other  persons  for  con- 
tempt or  disorderly  beha  vior  in  its  presence,  to  enforce  obedience 
to  its  process,  to  protect  its  members  against  violence  or  ofllers 
of  bribes  or  private  solicitation,  and,  with  the  concurrence  of  two- 
thirds,  to  expel  a member,  but  not  a,  second  time  for  the  same 
cause,  and  shall  have  all  other  powers  necessary  for  the  Legisla- 
ture of  a free  State.  A member  expelled  for  corruption  shall  not 
thereafter  be  eligible  to  either  house,  and  punishment  for  ^con- 
tempt or  disorderly  behavior  shall  not  bar  an  indictment  for  the 
same  otfeuse. 


CONSTITUTION  OF  PENNSYLVANIA. 


235 


Sec.  12.  Each  house  shall  keep  a journal  of  its  proceedings 
and  from  time  to  time  publish  the  same,  except  such  parts  as 
require  secrecy,  and  the  yeas  and  nays  of  the  members  on  any 
question  shall,  at  the  desire  of  any  two  of  them,  be  entered  on  the 
journal. 

Sec.  13.  The  sessions  of  each  house  and  of  the  committees  of 
the  whole  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  15.  The  members  of  the  General  Assembly  shall  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office,  and 
breach  or  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  at  the  sessions  of  their  respective  houses  and  in 
going  to  and  returning  from  the  same;  and  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in  any  other 
place. 

Sec.  16.  The  State  shall  be  divided  into  fifty  senatorial  dis- 
tricts of  compact  and  contiguous  territory  as  nearly  equal  in  pop- 
ulation as  may  be,  and  each  district  shall  be  entitled  to  elect  one 
Senator.  Each  county  containing  one  or  more  ratios  of  popula- 
tion shall  be  entitled  to  one  Senator  for  each  ratio,  and  to  an 
additional  Senator  for  a surplus  of  population  exceeding  three- 
fifths  of  a ratio,  but  no  county  shall  form  a separate  district 
unless  it  shall  contain  four-fifths  of  a ratio,  except  where  the 
adjoining  counties  are  each  entitled  to  one  or  more  Senators, 
when  such  county  may  be  assigned  a Senator  on  less  than  four- 
fifths  and  exceeding  one-half  of  a ratio;  and  no  county  shall  be 
divided  unless  entitled  to  two  or  more  Senators.  No  city  or 
county  shall  be  entitled  to  separate  representation  exceeding 
one-sixth  of  the  whole  number  of  Senators.  No  ward,  borough  or 
township  shall  be  divided  in  the  formation  of  a district.  The 
senatorial  ratio  shall  be  ascertained  by  dividing  the  whole  popula- 
tion of  the  State  by  the  number  fifty. 

Sec.  17.  The  members  of  the  House  of  Kepresentatives  shall 
be  apportioned  among  the  several  counties,  on  a ratio  ascer- 
tained by  dividing  the  ]X)pulation  of  the  State  as  ascertained  by 
the  most  recent  United  States  census  by  two  hundred.  Every 
county  containing  less  than  five  ratios  shall  have  one  Eepresenta- 


236 


CONSTITUTION  OF  PENNSYLVANIA. 


tire  for  every  full  ratio,  and  an  additional  Eepresentative 
when  the  surplus  exceeds  half  a ratio;  but  each  county  shall 
have  at  least  one  Representative.  Every  county  containing  five 
ratios  or  more  shall  have  one  Representative  for  every  full  ratio. 
Every  city  containing  a population  equal  to  a ratio  shall  elect 
separately  its  proportion  of  the  Representatives  allotted  to  the 
county  in  which  it  is  located.  Every  city  entitled  to  more  than 
four  Representatives,  and  every  county  having  over  one  hundred 
thousand  inhabitants  shall  be  divided  into  districts  of  compact 
and  contiguous  territory,  each  district  to  elect  its  proportion  of 
Representatives,  according  to  its  population,  but  no  district  shall 
elect  more  than  four  Representatives. 

Sec.  18.  The  General  Assembly  at  its  first  session  after  the 
adoption  of  this  Constitution,  and  immediately  after  each  United 
States  decennial  census,  shall  apportion  the  State  into  senatorial 
and  representative  districts  agreeably  to  the  provisions  of  the  two 
next  preceding  sections. 

ARTICLE  m. 

Legislation . 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  altered  or  amended,  on  its  passage  through  either  house, 
as  to  change  its  original  purpose. 

Sec.  2.  No  bill  shall  be  considered  unless  referred  to  a com- 
mittee, returned  therefrom,  and  printed  for  the  use  of  the  mem- 
bers. 

Sec.  3.  No  bill,  except  general  appropriation  bills,  shall  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title. 

Sec.  4.  Every  bill  shall  be  read  at  length  on  three  different 
days  in  each  house ; all  amendments  made  thereto  shall  be  printed 
for  the  use  of  the  members  before  the  final  vote  is  taken  on  the 
bill,  and  no  bill  shall  become  a law,  unless  on  its  final  passage  the 
vote  be  taken  by  yeas  and  nays,  the  names  of  the  persons  voting 
for  and  against  the  same  to  be  entered  on  the  journal,  and  a 
majority  of  the  members  elected  to  each  house  be  recorded 
tliereon  as  voting  in  its  favor. 

Sec.  5.  No  amendment  to  bills  by  one  house  shall  be  con- 
curred in  by  the  other,  except  by  the  vote  of  a majority  of  the 
members  elected  thereto,  taken  by  yeas  and  nays,  and  the  names 
of  those  voting  for  and  against  recorded  upon  the  journal  thereof; 


CONSTITUTION  OF  PENNSYLVANIA. 


2ST 

and  reports  of  committees  of  conference  shall  be  adopted  in 
either  house  only  by  the  vote  of  a majority  of  the  members  elected 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting 
recorded  on  the  journals. 

Sec.  6.  No  law  shall  be  revived,  amended,  or  the  provisions 
thereof  extended  or  conferred,  by  reference  to  its  title  only,  but 
so  much  thereof  as  is  revived,  amended  or  extended  or  conferred 
shall  be  re-enacted  and  published  at  length. 

Sec.  7.  The  General  Assembly  shall  not  pass  any  local  or 
special  law : 

Authorizing  the  creation,  extension  and  impairing  of  liens; 

Regulating  the  affairs  of  counties,  cities,  townships,  wards,, 
boroughs  or  school  districts; 

Changing  the  names  of  persons  or  places; 

Changing  the  venue  in  civil  or  criminal  cases; 

Authorizing  the  laying  out,  opening,  altering  or  maintaining,, 
roads,  highways,  streets  or  alleys; 

Relating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge 
companies,  except  for  the  erection  of  bridges  crossing  streams 
which  form  boundaries  between  this  and  any  other  State; 

Vacating  roads,  town  plats,  streets  or  alleys; 

Relating  to  cemeteries,  graveyards  or  public  grounds  not  of 
the  State; 

Authorizing  the  adoption  or  legitimation  of  children ; 

Locating  or  changing  county  seats,  erecting  new  counties  or 
changing  county  lines; 

Incorporating  cities,  towns  or  villages,  or  changing  their 
charters; 

For  the  opening  and  conducting  of  elections,  or  fixing  or 
changing  the  place  of  voting; 

Granting  divorces; 

Erecting  new  townships  or  boroughs,  changing  township  lines, 
borough  limits  or  school  districts; 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers 
in  counties,  cities,  boroughs,  townships,  election  or  school  dis- 
tricts; 

Changing  the  law  of  descent  or  succession ; 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules 
of  evidence  in,  any  judicial  proceeding  or  inquiry  before  courts, 
aldermen,  justices  of  the  peace,  sheriffs,  commissioners,  arbitra- 


238 


CONSTITUTION  OF  PENNSYLVANIA. 


tors,  auditors,  masters  in  chancery  or  other  tribunals,  or  pro- 
viding or  changing  methods  for  the  collection  of  debts,  or  the 
enforcing  of  judgments,  or  prescribing  the  effect  of  judicial  sales 
of  real  estate; 

Kegulating  the  fees  or  extending  the  powers  and  duties  of 
aldermen,  justices  of  the  peace,  magistrates  or  constables; 

Pegulating  the  management  of  public  schools,  the  building  or 
repairing  of  school  houses,  and  the  raising  of  money  for  such  pur- 
poses ; 

Fixing  the  rate  of  interest; 

Affecting  the  estates  of  minors  or  persons  under  disability, 
except  after  due  notice  to  aU  parties  in  interest,  to  be  recited  in 
the  special  enactment; 

Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys 
legally  paid  into  the  treasury; 

Exempting  property  from  taxation; 

Regulating  labor,  trade,  mining  or  manufacture; 

Creating  corporations,  or  amending,  renewing  or  extending  the 
charters  thereof; 

Granting  to  any  corporation,  association  or  individual  any  spe- 
cial or  exclusive  privilege  or  immunity,  or  to  any  corporation, 
association  or  individual  the  right  to  lay  down  a railroad  track; 

Nor  shall  the  General  Assembly  indirectly  enact  such  special 
or  local  law  by  the  partial  repeal  of  a general  law;  but  laws 
repealing  local  or  special  acts  may  be  passed; 

Nor  shall  any  law  be  passed  granting  powers  or  privileges  in 
any  case  where  the  granting  of  such  powers  and  privileges  shall 
have  been  provided  for  by  general  law,  nor  where  the  courts  have 
jurisdiction  to  grant  the  same  or  give  the  relief  asked  for. 

Sec.  8.  No  local  or  special  bill  shall  be  passed  unless  notice 
of  the  intention  to  apply  therefor  shall  have  been  published  in 
the  locality  where  the  matter  or  the  thing  to  be  affected  may  be 
situated,  which  notice  shall  be  at  least  thirty  days  prior  to  the 
introduction  into  the  General  Assembly  of  such  bill  and  in  the 
manner  to  be  provided  by  law;  the  evidence  of  such  notice  hav- 
ing been  published,  shall  be  exhibited  in  the  General  Assembly, 
before  such  act  shall  be  passed. 

Sec.  9.  Tlie  presiding  officer  of  each  house  shall,  in  the  pres- 
ence of  the  house  over  which  he  resides,  sign  all  bills  and  joint 
resolutions  passed  by  the  General  Assembly,  after  their  titles 


CONSTITUTION  OF  PENNSYLVANIA. 


239 


have  Ixien  publicly  read  immediately  before  signing;  and  the  fact 
of  signing  shall  be  entered  on  the  journal. 

Sec.  10.  The  General  Assembly  shall  prescribe  by  law  the 
number,  duties  and  compensation  of  the  officers  and  employes 
of  each  housf^,  and  no  payment  shall  be  made  from  the  State 
treasury,  or  be  in  any  way  authorized,  to  any  person,  except  to 
an  acting  officer  or  employe  elected  or  appointed  in  f>tirsuance 
of  law. 

Sec.  11.  No  bill  shall  be  passed  giving  any  extra  compensa- 
tion of  any  public  officer,  servant,  employe,  agent  or  contractor, 
after  services  shall  hav^e  been  rendered  or  contract  made,  nor  pro- 
viding for  the  t>ayment  of  any  claim  against  the  Commonwealth 
without  previous  authority  of  law. 

Sec.  12.  AJl  stationery,  printing  paper  and  fuel  use<l  in  the 
legi.slative  and  other  departments  of  government  shall  be  fur- 
nished, and  the  printing,  binding  and  distributing  of  the  laws, 
journals,  department  report.s,  and  all  other  printing  and  binding, 
and  the  repairing  and  furnishing  the  halls  and  rooms  used  for 
the  meetings  of  the  General  Assembly  and  its  committees,*  shall 
be  perfomed  under  contract  to  be  given  to  the  lowest  responsible 
bidder  below  such  maximum  price  and  under  such  regulations 
as  shall  be  prescribf^<l  by  law;  no  member  or  officer  of  any  depart- 
ment of  the  government  shall  be  in  any  way  interested  in  such 
contracts,  and  all  such  contracts  shall  be  subject  to  the  approval 
of  the  Governor,  Auditor-General  and  State  Treasurer. 

Sec.  13.  No  law  shall  extend  the  term  of  any  public  officer, 
or  increase  or  diminish  his  salary  or  emoluments,  after  his  elec- 
tion or  appointment. 

Sec.  14.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  oppose  amend- 
ments as  in  other  bills. 

Sec.  1.0.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  ordinary  expenses  of  the  executive, 
legi.slative  and  judicial  departments  of  the  Commonwealth,  inter- 
est on  the  public  debt  and  for  the  jjublic  schools;  all  other 
approf>riations  shall  be  made  by  separate  bills,  each  embracing 
but  one  subject. 

Sec.  16.  No  money  shall  be  paid  out  of  the  treasury,  except 
u[Km  appropriations  made  by  law,  and  on  warrants  drawn  by  the 
proper  officer  in  pursuance  thereof. 


240 


CONSTITUTION  OF  PENNSYLVANIA. 


Sec.  17.  No  appropriation  shall  be  made  to  any  charitable  or 
educational  institution  not  under  the  absolute  control  of  the 
Commonwealth,  other  than  normal  schools  established  by  law 
for  the  professional  training  of  teachers  for  the  public  schools 
of  the  State,  except  by  a vote  of  two-thirds  of  all  the  members 
elected  to  each  house. 

Sec.  18.  No  appropriations,  except  for  pensions  or  gratuities 
for  military  services  shall  be  made  for  charitable,  educational 
or  benevolent  purposes,  to  any  person  or  community,  nor  to  any 
denominational  or  sectarian  institution,  corporation  or  associa- 
tion. 

Sec.  19.  The  General  Assembly  may  make  appropriations  of 
money  to  institutions  wherein  the  widows  of  soldiers  are  sup- 
ported or  assisted,  or  the  orphans  of  soldiers  are  maintained  and 
educated;  but  such  appropriation  shall  be  applied  exclusively  to 
the  support  of  such  widows  and  orphans. 

Sec.  20.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation  or  association,  any 
power  to  make,  supervise  or  interfere  with  any  municipal 
improvement,  money,  property  or  effects  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  perform  any  municipal  function 
whatever. 

Sec.  21.  No  act  of  the  General  Assembly  shall  limit  the 
amount  to  be  recovered  for  injuries  resulting  in  death,  or  for 
injuries  to  person  or  property;  and,  in  case  of  death  from  such 
injuries,  the  right  of  action  shall  sur^dve,  and  the  General 
Assembly  shall  prescribe  for  whose  benefit  such  actions  shall  be 
prosecuted.  No  act  shall  prescribe  any  limitations  of  time  within 
which  suits  may  be  brought  against  corporations  for  injuries  to 
persons  or  property,  or  for  other  causes  different  from  those 
fixed  by  general  laws  regulating  actions  against  natural  persons, 
and  such  acts  now  existing  are  avoided. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize  the 
investment  of  trust  funds  by  executors,  administrators,  guar- 
dians or  other  trustees,  in  the  bonds  or  stock  of  any  private  cor- 
poration, and  such  acts  now  existing  are  avoided,  saving  invest- 
ments heretofore  made. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  criminal 
cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such  man- 
ner as  shall  be  provided  by  law. 


CONSTITUTION  OP  PENNSYLVANIA.  241 

Sec.  24.  No  obligation  or  liability  of  any  railroad  or  other 
corporation,  held  or  owned  by  the  Commonwealth,  shall  ever  be 
exchanged,  transferred,  remitted,  postponed  or  in  any  way  dimin- 
ished by  the  General  Assembly,  nor  shall  such  liability  or  obliga- 
tion be  released,  except  by  payment  thereof  into  the  StL 
ireasurj.  j . ' i ' i 

Sec.  25.  When  the  General  Assembly  shall  be  convened  in 
special  session,  there  shall  be  no  legislation  upon  subjects  other 

sich  SsTon  proclamation  of  the  Governor  calling 

Sec.  26.  Every  order,  resolution  or  vote,  to  which  the  con- 
currence of  both  houses  may  be  necessaiy,  except  on  the  ques- 
uon  of  adjournment,  shaU  be  presented  to  the  Governor,  and 
efore  it  shall  take  effect  be  approved  by  him,  or  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  both  houses,  accord- 
ing to  the  rules  and  limitations  prescribed  in  case  of  a bill. 


8ec. 


u. 


No  state  office  shall  be  continued  or  created  for  the 
inspection  or  measuring  of  any  merchandise,  manufacture  or  com- 
modity, but  any  county  or  municipality  may  appoint  such  officers 
when  authorized  by  law. 

Sec.  28.  No  law  changing  the  location  of  the  capital  of  the 
State  shall  be  valid  until  the  same  shall  have  been  submitted  to 
the  qualified  electoi-s  of  the  Commonwealth  at  the  general  elec- 
tion,  and  ratified  and  approved  by  them. 

Sec.  29.  A member  of  the  General  Assembly  who  shall  solicit, 
Jmiand  or  receive,  or  consent  to  receive,  directly  or  indirectly, 
imself  or  for  another,  or  from  any  company,  corporation  or 
person^  any  money,  office,  appointment,  employment,  testimonial, 
reward,  thing  of  value  or  enjoyment,  or  of  personal  advantage 
or  promise  thereof,  for  his  vote  or  official  influence  or  for  with- 
holdmg  the  same,  or  with  an  understanding  expressed  or 
implied,  that  his  vote  or  official  action  shall  be  in  any  way  influ- 
enced thereby,  or  who  shaU  solicit  or  demand  any  such  money 
or  other  advantage,  matter  or  thing  aforesaid  for  another,  as  the 
consideration  of  his  vote  or  official  influence,  or  for  withholding 
the  same,  or  shall  give  or  withhold  his  vote  or  influence  in  consid- 

mnUT  P^“ent  or  promise  of  such  money,  advantage, 

matter  or  thing  to  another,  shaU  be  held  guilty  of  bribery  within 

the  meaning  of  this  Constitution,  and  shaU  incur  the  disabUities 
16 


242 


CONSTITUTION  OF  PENNSYLVANIA. 


provided  thereby  for  said  offense,  and  such  additional  punish- 
ment as  is  or  shall  be  provided  by  law. 

Sec.  30.  Any  i)erson  who  shall,  directly  or  indirectly,  offer, 
give  or  promise,  any  money,  or  thing  of  value,  testimonial,  privi- 
lege, or  personal  advantage,  to  any  executive  or  judicial  officer, 
or  member  of  the  Gfeneral  Assembly,  to  influence  him  in  the  per- 
formance of  any  of  his  public  or  official  duties,  shall  be  guilty 
of  bribery,  and  be  punished  in  such  manner  as  shall  be  provided 
by  law. 

Sec.  31.  The  offense  of  corrupt  solicitation  of  members  of  the 
General  Assembly  or  of  public  officers  of  the  State  or  of  any 
municipal  division  thereof,  and  any  occupation  or  practice  of  soli- 
citation of  such  members  or  officers  to  influence  their  official 
action,  shall  be  defined  by  law,  and  shall  be  punished  by  fine  and 
imprisonment. 

Sec.  32.  Any  person  may  be  compelled  to  testify  in  any  law- 
ful investigation  or  judicial  proceeding  against  any  person  who 
may  be  charged  with  having  committed  the  offense  of  bribery  or 
corrupt  solicitation,  or  practices  of  solicitation,  and  shall  not  be 
permitted  to  withhold  his  testimony  upon  the  ground  that  it  may 
criminate  himself  or  subject  him  to  public  infamy;  but  such  tes- 
timony shall  not  afterwards  be  used  against  him  in  any  judicial 
proceeding,  except  for  perjury  in  giving  such  testimony,  and  any 
person  convicted  of  either  of  the  offenses  aforesaid  shall,  as  part 
of  the  punishment  therefor,  be  disqualified  from  holding  any 
office  or  position  of  honor,  trust  or  profit  in  this  Commonwealth. 

Sec.  33.  A member  who  has  a personal  or  private  interest  in 
any  measure  or  bill  proposed  or  pending  before  the  General 
Assembly  shall  disclose  the  fact  to  the  house  of  which  he  is  a 
member,  and  shall  not  vote  thereon. 

AETIOLE  IV. 

The  Executive. 

Section  1.  The  executive  department  of  this  Commonwealth 
shall  consist  of  a Governor,  Lieutenant-Governor,  Secretary  of 
the  Commonwealth,  Attorney-General  Auditor-General,  State 
Treasurer,  Secretary  of  Internal  Affairs  and  a Superintendent  of 
Public  Instruction. 

Sec.  2.  The  supreme  executive  power  shall  be  vested  in  the 
G('Ternor,  who  shall  tahe  care  that  the  laws  be  faithfully  exe- 


CONSTITUTION  OF  PENNSYLVANIA.  243 

cuted;  he  shaU  be  chosen  on  the  day  of  the  general  election,  by  the 
quahfled  electors  of  the  Commonwealth,  at  the  places  where 
they  shall  vote  for  Representatives.  The  returns  of  every  elec- 
tion for  Governor  shall  be  sealed  up  and  transmitted  to  the  seat 
of  government,  directed  to  the  President  of  the  Senate,  who  shaU 
open  and  them  in  the  presence  of  the  members  of  both 

houses  of  the  General  Assembly.  The  person  having  the  highest 
number  of  votes  shall  be  Governor,  but  if  two  or  more  be  equal 
and  highest  in  votes,  one  of  them  shall  be  chosen  Governor  bv  the 

ShaU  be  determined  by  a committee,  to  be  selected  from  both 
houses  of  the  General  Assembly,  and  formed  and  regulated  in 
such  manner  as  shaU  be  directed  by  law. 

Sec  .3.  The  Governor  shall  hold  his  office  during  four  vears 
from  the  third  Tuesday  of  January  ne.xt  ensuing  his  election,  and 
shall  not  be  eligible  to  the  office  for  the  next  succeeding  term 

time"in^h'^  at  the  same 

same  pro^sions  as  the  Governor;  he  shall  be  President  of  the 
Senate  but  shall  have  no  vote  unless  they  be  equally  divided 

Lieutenant-Governor  except  a citizen  of  the  United  States  who 
shall  have  attained  the  age  of  thirty  years,  and  have  been  seven 
y rs  nex  preceding  his  election  an  inhabitnat  of  the  State 

Sued  sJt  "-i--  of  Se 

united  States  or  of  this  State. 

Sec.  6.  No  member  of  Congress  or  person  holding  any  office 
M er  the  United  States  or  this  State  shaU  exercise  the  office  of 
Governor  or  Lieutenant-Governor. 

Sec.  (.  The  Governor  shall  be  commander-in-chief  of  the  armv 
nd  navy  o the  Commonwealth,  and  of  the  militia,  except  wten 
ey  aie  called  into  the  actual  .service  of  the  United  States. 

eo;sent"f  f^ordsTTlf;^^^^^^^^ 

a Secptaiy  of  the  Commonwealth  and  an  Ittorne^^^^^^^^^^ 

venrs^  I of  PoWic  Instruction  for  four 

years  and  such  other  officers  of  the  Commonwealth  as  he  is  or 

may  e authorized  by  the  Constitution  or  any  law  to  appoint-  he 

^hail  have  power  to  fill  all  vacancies  that  may  happen,  in  offic';  to 

which  he  may  appoint  during  the  recess  of  the  Senate,  by  gvlnt- 


244 


CONSTITUTION  OF  PENNSYLVANIA. 


ing  commissions  which  shall  expire  at  the  end  of  their  next 
session ; he  shall  have  power  to  fill  any  vacancy  that  may  happen, 
during  the  recess  of  the  Senate,  in  the  office  of  Auditor-General, 
State  Treasurer,  Secrtary  of  Internal  Affairs  or  Superintendent 
of  Public  Instruction,  in  a judicial  office,  or  in  any  other  elective 
office  which  he  is  or  may  be  authorized  to  fill ; if  the  vacancy  shall 
happen  during  the  session  of  the  Senate,  the  Governor  shall  nomi- 
nate to  the  Senate,  before  their  final  adjournment,  a proper  per-  ^ 
son  to  fill  said  vacancy;  but  in  any  such  case  of  vacancy,  in  an  i 
elective  office,  a person  shall  be  chosen  to  said  office  at  the  next  ; 
general  election,  unless  the  vacancy  shall  happen  within  three  j 
calendar  months  immediately  preceding  such  election,  in  which  \ 
case  the  election  for  said  office  shall  be  held  at  the  second  sue-  | 
ceeding  general  election.  In  acting  on  executive  nominations  ^ 
the  Senate  shall  sit  with  open  doors,  and,  in  confirming  or  reject-  j 
ing  the  nominations  of  the  Governor,  the  vote  shall  be  taken  by  k 
yeas  and  nays,  and  shall  be  entered  on  the  journal.  i 

Sec.  9.  He  shall  have  the  power  to  remit  fines  and  forfeit- 
ures, to  grant  reprieves,  commutations  of  sentence  and  pardons,  ' 
except  in  cases  of  impeachment;  but  no  pardon  shall  be  granted,  ^ 
nor  sentence  commuted,  except  upon  the  recommendation  in 
writing  of  the  Lieutenant-Governor,  Secretary  of  the  Common- 
wealth, Attorney-General  and  Secretary  of  Internal  Affairs,  or  | 
any  three  of  them,  after  full  hearing,  upon  due  public  notice  and 
in  open  session,  and  such  recommendation,  with  the  reasons 
therefor  at  length,  shall  be  recorded  and  filed  in  the  office  of  the  j 
Secretary  of  the  Commonwealth. 

Sec.  10.  He  may  require  information  in  writing  from  the  offi- 
cers of  the  executive  department,  upon  any  subject  relating  to  ; 
the  duties  of  their  respective  offices.  j 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  of  the  State  of  the  Commonwealth,  and 
recommend  to  their  consideration  such  measures  as  be  may 
judge  expedient. 

Sec.  12.  He  may,  on  extraordinay  occasions,  convene  the  Gen- 
eral Assembly,  and  in  case  of  disagreement  between  the  two  | 

houses,  with  respect  to  the  time  of  adjournment,  adjourn  them  j 

to  such  time  as  he  shall  think  proper,  not  exceeding  four  months.  ' 
He  shall  have  power  to  convene  the  Senate  in  extraordinary  ses- 
sion by  proclamation  for  the  transaction  of  executive  business. 


CONSTITUTION  OF  PENNSYLVANIA.  245 

nrpTn  on  impeachment  fail- 

the  no  or  other  disability  of  the  Governor 

e powers,  duties  and  emoluments  of  the  office,  for  the  remainder 

r4:;r.;r •“  -'-™  -p- 

tie  fo,- 

«h!uT  , ® ‘"‘'e  disability  he  removed 

shall  devolve  upon  the  President  pro  tempore  of  the  SenateTnd 

the  presffient  pro  tempore  of  the  Senate  shall  in  loL  manned 
become  Governor  it  a vacancy  or  disability  shall  occur  in  the  office 

he  shall  become  Governor,  and  shall  be  filled  by  election  as  anv 
other  vacancy  in  the  Senate.  ejection  as  any 

bet^;sented^r tL’^ro""'''' 

if  he  ITi,  T approve  he  shall  sign  it  but 

f he  shall  not  approve  he  shall  return  it  with  his  objection  to 

fh  ' ’ I'econsideration,  two-thirds  of  oil 

S2?3->=iil!P 

th.  Ge«er.I  Anembl,,  by  tbeT,7l,7mJlt^b^yaf„'*’ 

in  v/hich  case  it  shall  o i prevent  its  return, 

with  his  objections,  in  the  officro’f  tL'sLretoy  Vthe  c' 
wealth,  and  s-ivo  nnfiVo  +1.  4^  x.  ^^^retarj  ot  the  Common- 

thirty  days  after  such  adjo^e^t.  P^^lamation  within 

ir™  ■“  k"  '« "“pp™™  •'  «»i 

a..w  k.7r/;?rr“:‘j'.rs 


246 


CONSTITUTION  OF  PENNSYLVANIA. 


approved  shall  be  the  law,  and  the  item  or  items  of  appropria- 
tion disapproved  shall  be  void,  unless  repassed  according  to  the 
rules  and  limitations  prescribed  for  the  passage  of  other  bills 
over  the  executive  veto. 

Sec.  17.  The  Chief  Justice  of  the  Supreme  Court  shall  pre- 
side ux>on  trial  of  any  contested  election  of  Governor  or  Lieuten- 
ant Governor  and  decide  questions  regarding  the  admissibility 
of  evidence,  and  shall,  upon  request  of  the  committee,  pronounce 
his  opinion  upon  other  questions  of  law  involved  in  the  trial. 
The  Governor  and  Lieutenant-Governor  shall  exercise  the  duties 
of  their  respective  offices  until  their  successors  shall  be  duly 
qualified. 

Sec.  18.  The  Secretary  of  the  Commonwealth  shall  keep  a 
record  of  all  official  acts  and  proceedings  of  the  Governor,  and 
when  required  lay  the  same,  with  all  papers,  minutes  and  vouchers 
relating  thereto,  before  either  branch  of  the  General  Assembly, 
and  perform  such  other  duties  as  may  be  enjoined  upon  him  by 
law. 

Sec.  19.  The  Secretary  of  Internal  Affairs  shall  exercise  all 
the  poveis  and  perform  all  the  duties  of  the  Surveyor-General, 
subject  to  such  changes  as  shall  be  made  by  law.  His  department 
shall  embrace  a bureau  of  industrial  statistics,  and  he  shall 
discharge  such  duties  relating  to  corporations,  to  the  charitable 
instilutions,  the  agricultural,  manufacturing,  mining,  mineral, 
timber  and  other  material  or  business  interest  of  the  State  as 
may  be  prescribed  by  law.  He  shall  annually,  and  at  such  other 
times  as  may  be  required  by  law,  make  report  to  the  General 
Assembly. 

Sec.  20.  The  Superintendent  of  Public  Instruction  shall  exer- 
cise all  the  powers  and  perform  all  the  duties  of  the  Superin- 
tendent of  Common  Schools,  subject  to  such  changes  as  shall  be 
made  by  law. 

Sec.  21.  The  term  of  the  Secretary  of  Internal  Affairs  shall  be 
four  years;  of  the  Auditor-General  three  years;  and  of  the  State 
Treasuia?r  two  years.  These  officers  shall  be  chosen  by  the 
qaalifted  electors  of  Gie  State  at  general  elections.  No  person 
elected  to  the  office  of  Auditor-General  or  State  Treasurer  s^hall 
be  capable  of  holding  the  sai»^e  office  for  two  consecutive  terms. 

Sec.  22.  The  present  Great  Seal  of  Pennsylvania  shall  be 
the  seal  of  the  State.  All  commissions  shall  be  in  the  name 


CONSTITUTION  OF  PENNSYLVANIA.  247 

and  by  authority  of  tho  Common we.ilth  of  Pennsylvania,  and 
be  sealed  v ith  the  State  seal  and  signed  by  the  Governor. 

AETIOLE  V. 

The  Judiciary. 

Section  1.  The  judicial  power  of  this  Commonwealth  shall 
be  vested  in  a Supreme  Court,  in  courts  of  common  pleas,  courts 
0 ojer  and  terminer  and  general  jail  delivery,  courts  of  quarter 
sessions  of  the  peace,  orphans’  courts,  magistrates’  courts,  and 
in  such  other  courts  as  the  General  Assembly  may  from  time  to 
time  establish. 

Sec  2.  The  Supreme  Court  shall  consist  of  seven  judges,  who 
shaU  be  elected  by  the  qualified  electors  of  the  State  at  large. 
They  shaU  hold  their  offices  for  the  term  of  twenty-one  years,  if 
they  so  long  behave  themselves  well,  but  shaU  not  be  again 
e ipble.  The  judge  whose  commission  shaU  first  expire  shall  be 
c le  justice,  and  thereafter  each  judge  whose  commission  shall 
first  expire  shall  in  turn  be  chief  justice. 

Sec  3.  The  jurisdiction  of  the  Supreme  Court  shaU  extend 
over  the  State,  and  the  judges  thereof  shall,  by  virtue  of  their 
offices,  be  justices  of  oyer  and  terminer  and  generai  jaU  delivery 
;n  the  several  counties;  they  shall  have  original  jurisdiction 
in  cases  of  injunction  where  a corporation  is  a party  defendant, 
of  habeas  corpus,  of  mandamus  to  courts  of  inferior  jurisdiction 
and  of  quo  warranto  as  to  all  officers  of  the  Commonwealth  whose 
jurisdiction  extends  over  the  State,  but  shall  not  exercise  any 
other  original  jurisdiction;  they  shaU  have  appeUate  jurisdiction 
by  appeal,  certiorari  or  writ  of  error  in  all  cases,  as  is  now  or 
may  hereafter  be  provided  by  law. 

Sec.  4.  UntU  otherwise'  directed  by  law,  the  courts  of  common 
pleas  shall  continue  as  at  present  established,  except  as  herein 
changed;  not  more  than  four  counties  shaU,  at  any  time,  be 
included  in  one  judicial  district  organized  for  said  courts. 

• a county  shall  contain  forty  thousand 

inhabitants  it  shaU  constitute  a separate  judicial  district,  and 
shall  elect  one  judge  learned  in  the  law;  and  the  General 
Assembly  shall  provide  for  additional  judges,  as  the  business 
Ho  1 ™ay  require.  Counties  containing  a popula- 

be  formed  into  convenient  single  districts,  or,  if  necessaiy,  may 


248 


CONSTITUTION  OF  PENNSYLVANIA. 


be  attached  to  contiguous  districts  as  the  General  Assembly  may 
provide.  The  office  of  associate  judge,  not  learned  in  the  law, 
is  abolished  in  counties  forming  separate  districts;  but  the  sev- 
eral associate  judges  in  office  when  this  Constitution  shall  be 
adopted  shall  serve  for  their  unexpired  terms. 

Sec.  6.  In  the  counties  of  Philadelphia  and  Allegheny  all  the 
jurisdiction  and  powers  now  vested  in  the  district  courts  and 
courts  of  common  pleas,  subject  to  such  changes  as  may  be  made 
by  this  Constitution  or  by  laAV,  shall  be  in  Philadelphia  vested 
in  four,  and  in  Allegheny  in  two,  distinct  and  separate  courts  of 
equal  and  co-ordinate  jurisdiction,  composed  of  three  judges  each; 
the  said  courts  in  Philadelphia  shall  be  designated  respectively 
as  the  court  of  common  pleas  number  one,  number  two,  number 
three  and  number  four,  and  in  Allegheny  as  the  court  of  common 
pleas  number  one  and  number  two,  but  the  number  of  said  courts 
may  be  by  law  increased,  from  time  to  time,  and  shah,  be  in  like 
manner  designated  by  successive  numbers;  the  number  of  judges 
in  any  of  said  courts,  or  in  any  county  where  the  establishment 
of  an  additional  court  may  be  authorized  by  law,  may  be  increased 
from  time  to  time,  and  whenever  such  increase  shall  amount  in 
the  whole  to  three,  such  three  judges  shall  compose  a distinct 
and  separate  court  as  aforesaid,  which  shall  be  numbered  as 
aforesaid.  In  Philadelphia  all  suits  shall  be  instituted  in  the 
said  courts  of  common  pleas  without  designating  the  number 
of  said  court,  and  the  several  courts  shall  distribute  and  appor- 
tion the  business  among  them  in  such  manner  as  shall  be  pro- 
vided by  rules  of  court,  and  each  court,  to  wffiich  any  suit  shall 
be  thus  assigned,  shall  have  exclusive  jurisdiction  thereof, 
subject  to  change  of  venue,  as  shall  be  provided  by  law.  In 
Allegheny  each  court  sliall  have  exclusive  jurisdiction  of  all 
proceedings  at  law  and  in  equity,  commenced  therein,  subject 
to  change  of  venue  as  may  be  provided  by  law. 

Sec.  7.  For  Philadelphia  there  shall  be  one  prothonotary’s 
office,  and  one  prothonotan'  for  all  said  courts  to  be  appointed 
by  the  judges  of  said  courts,  and  to  hold  office  for  three  years, 
subject  to  removal  by  a majority  of  the  said  judges;  the  said 
prothonotary  shall  appoint  such  assistants  as  may  be  necessaiy 
and  authorized  by  said  courts;  and  he  and  his  assistants  shall 
received  fixed  salaries,  to  be  determined  by  law  and  paid  by  said 
county;  all  fees  collected  in  said  office,  except  such  as  may  be 


CONSTITUTION  OF  PENNSYLVANIA. 


249 


by  law  due  to  the  Commonwealth,  shall  be  paid  by  the  prothono- 
tary  into  the  county  treasury.  Each  court  shall  have  its  separate 
dockets,  except  the  judgment  docket  which  shall  contain  the 
judgments  and  liens  of  all  the  said  courts,  as  is  or  may  be  directed 
by  law. 

Sec.  8.  The  said  courts  in  the  counties  of  Philadelphia  and 
Allegheny,  respectiTely,  shall,  from  time  to  time,  in  tuni  detail 
one  or  more  of  their  judges  to  hold  the  courts  of  oyer  and  ter- 
miner and  the  courts  of  quarter  sessions  of  the  peace  of  said 
counties,  in  such  manner  as  may  be  directed  by  law. 

Sec.  9.  Judges  of  the  courts  of  common  pleas  learned  in  the 
law  shall  be  judges  of  the  courts  of  oyer  and  terminer,  quarter 
sessions  of  the  peace  and  general  jail  deliveiy,  and  of  the  orphans^ 
court,  and  within  their  respective  districts  shall  be  justices  of 
the  peace  as  to  criminal  matters. 

Sec.  10.  The  judges  of  the  courts  of  common  pleas,  within 
their  respective  counties,  shall  have  power  to  issue  writs  of 
certiorari  to  justices  of  the  peace  and  other  inferior  courts  not 
of  record,  and  to  cause  their  proceedings  to  be  brought  before 
them,  and  right  and  justice  to  be  done. 

Sec.  11.  Except  as  otherwise  provided  in  this  Constitution, 
justices  of  the  peace  or  aldermen  shall  be  elected  in  the  several 
wards,  districts,  boroughs  and  townships  at  the  time  of  the 
election  of  constables  by  the  qualified  electors  thereof,  in  such 
manner  as  shall  be  directed  by  law,  and  shall  be  commissioned 
by  the  Governor  for  a tenn  of  five  years.  No  township,  ward, 
district  or  borough  shall  elect  more  than  two  justices  of  the 
peace  or  aldermen  without  the  consent  of  a majority  of  the 
qualified  electors  within  such  township,  ward  or  borough;  no 
person  shall  be  elected  to  such  office  unless  he  shall  have  resided 
within  the  township,  borough,  ward  or  district  for  one  year  next 
preceding  his  election.  In  cities  containing  over  fifty  thousand 
inhabitants,  not  more  than  one  alderman  shall  be  elected  in  each 
ward  or  district. 

Sec.  12.  In  Philadelphia  there  shall  be  established,  for  each 
thirty  thousand  inhabitants,  one  court,  not  of  record,  of  police 
and  civil  causes,  with  jurisdiction  not  exceeding  one  hundred  dol- 
lars; such  courts  shall  be  held  by  magistrates  whose  term  of 
office  shall  be  five  years,  and  they  shall  be  elected  on  general 
ticket  by  the  qualified  voters  at  large;  and  in  the  election  of 


250 


CONSTITUTION  OF  PENNSYLVANIA. 


the  said  magistrates  no  voter  shall  vote  for  more  than  two-thirds 
of  the  number  of  persons  to  be  elected  when  more  than  one  are 
to  be  chosen;  they  shall  be  compensated  only  by  fixed  salaries, 
to  be  paid  by  said  county;  and  shall  exercise  such  jurisdiction, 
civil  and  criminal,  except  as  herein  provided,  as  is  now  exercised 
by  aldermen,  subject  to  such  changes,  not  involving  an  increase  of 
civil  jurisdiction  or  conferring  political  duties,  as  may  be  made 
by  law.  In  Philadelphia  the  office  of  alderman  is  abolished. 

Sec.  13.  ALL  fees,  fines  and  penalties  in  said  courts  shall  be 
paid  into  the  county  treasury. 

Sec.  14.  In  all  cases  of  summary  conviction  in  this  Common- 
wealth, or  of  judgment  in  suit  for  a penalty  before  a magistrate, 
or  court  not  of  record,  either  party  may  appeal  to  such  court 
of  record  as  may  be  prescribed  by  law,  upon  allowance  of  the 
appellate  court  or  judge  thereof  upon  cause  shown. 

Sec.  15.  AU  judges  required  to  be  learned  in  the  law,  except 
the  judges  of  the  Supreme  Court,  shall  be  elected  by  the  qualified 
electors  of  the  respective  districts  over  which  they  are  to  preside, 
and  shall  hold  their  offices  for  the  period  of  ten  years*  if  they  shall 
so  long  behave  themselves  well;  but  for  any  reasonable  cause, 
which  shall  not  be  sufficient  ground  for  impeachment,  the  Gov- 
ernor may  remove  any  of  them  on  the  address  of  two-thirds  of 
each  house  of  the  General  Assembly. 

Sec.  16.  Whenever  two  judges  of  the  Supreme  Court  are  to 
be  chosen  for  the  same  term  of  service  each  voter  shall  vote  for 
one  only,  and  when  three  are  to  be  chosen  he  shall  vote  for  not 
more  than  tw^o;  candidates  highest  in  vote  shall  be  declared 
elected. 

Sec.  17.  Should  any  two  or  more  judges  of  the  Supreme  Court, 
or  any  two  or  more  judges  of  the  court  of  common  pleas  for  the 
same  district,  be  elected  at  the  same  time,  they  shall,  as  soon 
after  the  election  as  convenient,  cast  lots  for  priority  of  com- 
mission, and  certify  the  result  to  the  Governor,  who  shall  issue 
their  commissions  in  accordance  therewith. 

Sec.  18.  The  judges  of  the  Supreme  Court  and  the  judges 
of  the  several  courts  of  common  pleas,  and  all  other  judges 
required  to  be  learned  in  the  law,  shall  at  stated  times  receive  for 
their  services  an  adequate  compensation,  which  shall  be  fixed 
by  law,  and  paid  by  the  State.  They  shall  receive  no  other 


CONSTITUTION  OF  FENNSYLVANIA. 


251 


compensation,  fees  or  perquisites  of  office  for  their  services  fi*om 
any  source,  nor  hold  any  other  office  of  pi*otit  under  the  United 
States,  this  State  or  any  other  State. 

Sec.  19.  The  judges  of  the  Supreme  Court  during  their  con- 
tinuance in  office,  shall  reside  >vithin  this  Commonwealth;  and 
the  other  judges,  during  their  continuance  in  office,  shall  reside 
within  the  districts  for  which  they  shall  he  respectfully  elected. 

Sec.  20.  The  several  courts  of  common  pleas,  besides  the 
powers  herein  conferred,  shall  have  and  exercise  within  their 
respective  districts,  subject  to  such  changes  as  may  be  made  by 
law,  such  chancery  powers  as  are  now  vested  by  law  in  the  sev- 
eral courts  of  common  pleas  of  this  Commonwealth,  or  as  may 
hereafter  be  conferred  upon  them  by  law. 

Sec.  21.  No  duties  shall  be  imposed  by  law  upon  the  Supreme 
Court  or  any  of  the  judges  thereid',  except  such  as  are  judicial, 
nor  shall  any  of  the  judges  thereof  exercise  any  power  or  appoint- 
ment except  as  herein  provided.  The  court  of  nisi  prius  is 
hereby  abolished,  and  no  court  of  original  jurisdiction  to  be 
presided  over  by  any  one  or  more  of  the  judges  of  the  Supreme 
Court  shall  be  established. 

Sec.  22.  In  every  county  wherein  the  population  shall  exceed 
one  hundred  and  fifty  thousjuul,  the  General  Assembly  shall, 
aud  in  any  other  county  may,  establish  a.  separate  orphans' 
court,  to  consist  of  one  or  nioi*e  judges  who  shall  be  learned  in 
the  law,  which  court  shall  exercise  all  the  jurisdiction  and 
powers  now  vested  in  or  which  may  hereafter  be  conferred  upon 
the  orphans’  courts,  and  thereupon  the  jurisdiction  of  the  judges 
of  the  court  of  common  pleas  within  suc.h  county,  in  orphans' 
court  proceedings,  shall  cease  and  determine.  In  any  county 
in  which  a separate  orphans’  court  shall  be  established,  Uie 
register  of  wills  shall  be  clerk  of  such  court  aud  subject  to  its 
directions,  in  all  matters  pertaining  to  his  office;  he  may  apjxnnt 
assistant  clerks,  but  only  with  the  consent  and  approval  of  said 
court.  All  accounts  filed  with  him  as  register  or  as  clerk  of  the 
said  separate  orphans’  court  shall  be  audited  by  the  court  witliout 
expense  to  parties,  except  where  all  parties  in  interest  in  a pend- 
ing proceeding  shall  nominate  an  auditor  whom  the  court  may, 
in  its  discretion,  appoint.  In  every  county  orphans’  courts  shall 
possess  all  the  powers  and  jurisdiction  of  a registei's’  court,  and 
separate  1‘egisters’  courts  are  hereby  abolished. 


252 


CONSTITUTION  OF  PENNSYLVANIA. 


Sec.  23.  The  style  of  all  process  shall  be  ^^The  Common- 
wealth of  Pennsylvania.”  All  prosecutions  shall  be  carried  on 
in  the  name  and  by  the  authority  of  the  Commonwealth  of  Penn- 
sylvania, and  conclude  against  the  peace  and  dignity  of  the 
same.” 

Sec.  24.  In  all  cases  of  felonious  homicide,  and  in  such  other 
criminal  cases  as  may  be  provided  for  by  law,  the  accused  after 
conviction  and  sentence,  may  remove  the  indictment,  record  and 
all  proceedings  to  the  Supreme  Court  for  review. 

Sec.  25.  Any  vacancy  happening  by  death,  resignation  or 
otherwise,  in  any  court  of  record,  shall  be  fiUed  by  appointment 
by  the  Governor,  to  continue  till  the  first  Monday  of  January 
next  succeeding  the  first  general  election,  which  shall  occur 
three  or  more  months  after  the  happening  of  such  vacancy. 

Sec.  26.  All  laws  relating  to  courts  shall  be  general  and  of 
uniform  operation,  and  the  organization,  jurisdiction  and  powers 
of  all  courts  of  the  same  class  or  grade,  so  far  as  regulated  by 
law,  and  the  force  and  effect  of  the  process  and  judgments  of  such 
courts,  shall  be  uniform;  and  the  General  Assembly  is  hereby 
prohibited  from  creating  other  courts  to  exercise  the  powers 
vested  by  this  Constitution  in  the  judges  of  the  courts  of  common 
pleas  and  orphans’  courts. 

Sec.  27.  The  parties,  by  agreement  filed,  may  in  any  civil  case 
dispense  with  trial  by  jur^^,  and  submit  the  decision  of  such 
case  to  the  court  having  jurisdiction  thereof,  and  such  court 
shall  hear  and  determine  the  same;  and  the  judgment  thereon 
shall  be  subject  to  writ  of  error  as  in  other  cases. 

ARTICLE  VI. 

Impeachment  and  Removal  from  Office. 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate;  when 
sitting  for  that  purpose  the  Senators  shall  be  upon  oath  or 
affirmation;  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Sec.  3.  The  Governor  and  all  other  civil  officers  shall  be  liable 
to  impeachment  for  any  misdemeanor  in  office,  but  judgment  in 
such  cases  shall  not  extend  further  than  to  removal  from  office 
and  disqualification  to  hold  any  office  of  trust  or  profit  under  this 


CONSTITUTION  OF  PENNSYLVANIA. 


' 253 


Commonwealth;  the  person  accused,  whether  convicted  or 
acquitted,  shall  nevertheless  be  liable  to  indictment,  trial,  judg- 
ment and  punishment  according  to  law. 

Sec.  4.  All  officers  shall  hold  their  offices  on  the  condition 
that  they  behave  themselves  well  while  in  office,  and  shall  be 
removed  on  conviction  of  misbehavior  in  office  or  of  any  infamous 
crime.  Appointed  officers,  other  than  judges  of  the  courts  of 
record  and  the  Superintendent  of  Public  Instruction,  may  be 
removed  at  the  pleasure  of  the  power  by  which  they  shall  have 
been  appointed.  All  officers  elected  by  the  people,  except  Gover- 
nor, Lieutenant-Governor,  Members  of  the  General  Assembly, 
and  judges  of  the  courts  of  record  learned  in  the  law,  shall  be 
removed  by  the  Governor  for  reasonable  cause,  after  due  notice 
and  full  hearing,  on  the  address  of  two-thirds  of  the  Senate. 

ARTICLE  VII. 

Oath,  of  Ojfice. 

Section  1.  Senators  and  Representatives  and  all  jujdicial. 
State  and  county  officers  shall,  before  entering  on  the  duties  of 
their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : I do  solemnly  swear  (or  affirm)  that  I will  support, 

obey  and  defend  the  Constitution  of  the  United  States,  and  the 
Constitution  of  this  Commonwealth,  and  that  I will  discharge 
the  duties  of  my  office  with  fidelity;  that  I have  not  paid  or  con- 
tributed, or  promised  to  pay  or  contribute,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing,  to  procure  my 
nomination  or  election  (or  appointment),  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law;  that  I have  not 
knowingly  violated  any  election  law  of  this  Commonwealth,  or 
procured  it  to  be  done  by  others  in  my  behalf;  that  I will  not 
knowingly  receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any  act 
or  duty  pertaining  to  my  office,  other  than  the  compensation 
allowed  by  law.” 

The  foregoing  oath  shall  be  administered  by  some  person 
authorized  to  administer  oaths,  and  in  the  case  of  State  officers 
and  judges  of  the  Supreme  Court,  shall  be  filed  in  the  office  of 
the  Secretary  of  the  Commonwealth,  and  in  the  case  of  other 
judicial  and  county  officers,  in  the  office  of  the  prothonotary  of 
the  county  in  which  the  same  is  taken;  any  person  refusing  to 


254  ' 


CONSTITUTION  OF  PENNSYLVANIA. 


take  said  oath  or  affirmation  shall  forfeit  his  office;  and  any  per- 
son who  shall  he  convicted  of  having  sworn  or  affirmed  falsely, 
or  of  having  violated  said  oath  or  affirmation,  shall  he  guilty  of 
perjury,  and  he  forever  disqualified  from  holding  any  office  of 
trust  or  profit  within  this  Commonwealth.  The  oath  to  the 
members  of  the  Senate  and  House  of  Representatives  shall  he 
administered  hy  one  of  the  judges  of  the  Supreme  Court  or  of 
a court  of  common  pleas  learned  in  the  law,  in  the  hall  of  the 
house  to  which  the  memhers  shall  he  elected. 

ARTICLE  VIII. 

Suffrage  and  EUctions, 

Section  1.  Every  male  citizen  twenty-one  years  of  age,  pos- 
sessing the  following  qualifications,  shall  he  entitled  to  vote  at 
all  elections. 

First.  He  shall  have  heen  a citizen  of  the  United  States  at 
least  one  month. 

Second.  He  shall  have  resided  in  the  State  one  year  (or  if, 
having  previously  heen  a qualified  elector  or  native  horn  citizen 
of  the  State,  he  shall  have  removed  therefrom  and  returned,  then 
six  months),  immediately  preceding  the  election. 

Third.  He  shall  have  resided  in  the  election  district  where 
he  shall  offer  to  vote  at  least  two  months  immediately  preceding 
the  election. 

Fourth.  If  twenty-two  years  of  age  or  upwards,  he  shall  have 
paid  within  two  years  a State  or  county  tax,  which  shall  have 
heen  assessed  at  least  two  months  and  paid  at  least  one  month 
before  the  election. 

Sec.  2.  The  general  election  shall  he  held  annually  on  the 
Tuesday  next  following  the  first  Monday  of  November,  hut  the 
Greneral  Assembly  may  hy  law  fix  a different  day,  two-thirds  of 
all  the  members  of  each  house  consenting  thereto. 

Sec.  3.  All  elections  for  city,  ward,  borough  and  township 
officers,  for  regular  terms  of  service,  shall  he  held  on  the  third 
Tuesday  of  February. 

Sec.  4.  All  elections  hy  the  citizens  shall  he  hy  ballot.  Every 
ballot  voted  shall  he  numbered  in  the  order  in  which  it  shall  he 
received,  and  the  number  recorded  hy  the  election  officers  on  the 
list  of  voters,  opposite  the  name  of  the  elector  who  presents  the 


CONSTITUTION  OF  PENNSYLVANIA. 


255 


baUot.  Any  elector  may  write  his  name  upon  his  ticket  or  cause 
the  same  to  be  written  thereon  and  attested  by  a citizen  of  the 
district.  The  election  officers  shall  be  sworn  or  affirmed  not  to 
disclose  how'  any  elector  shall  have  voted  unless  required  to  do 
so  as  witnesses  in  a judicial  proceeding. 

Sec.  5.  Electors  shall  in  all  cases  except  treason,  felony  and 
breach  of  surety  of  the  peace,  be  privileged  from  arrest  during 
their  attendance  on  elections,  and  in  going  and  returning  there- 
from. 

Sec.  6.  Whenever  any  of  the  qualified  electors  of  this  Common- 
wealth shall  be  in  actual  military  service,  under  a requisition 
from  the  President  of  the  United  States,  or  by  the  authority  of 
this  Commonwealth,  such  electors  may  exercise  the  right  of  suf- 
frage in  all  elections  by  the  citizens,  under  such  regulations  as 
are  or  shall  be  prescribed  by  law,  as  fully  as  if  they  were  present 
at  their  usual  places  of  election. 

Sec.  7.  All  laws  regulating  the  holding  of  elections  by  the 
citizens,  or  for  the  registration  of  electors,  shall  be  uniform 
throughout  the  State,  but  no  elector  shall  be  deprived  of  the  pri- 
vilege of  voting  by  reason  of  his  name  not  being  registered. 

Sec.  8.  Any  person,  who  shall  give,  or  promise  or  offer  to  give, 
to  any  elector,  any  money,  reward  or  other  valuable  considera- 
tion for  his  vote  at  an  election,  or  for  withholding  the  same,  or 
wUo  shall  give  or  promise  to  give  such  consideration  to  any  per- 
son or  party  for  such  elector’s  vote  or  for  the  withholding  thereof, 
and  any  elector  who  shall  receive  or  agree  to  receive,  for  himself 
or  for  another,  any  money,  reward  or  other  valuable  considera- 
tion for  his  vote  at  an  election,  or  for  withholding  the  same,  shall 
thereby  forfeit  the  right  to  vote  at  such  election,  and  any  elector 
whose  right  to  vote  shall  be  challenged  for  such  cause  before  the 
election  officers,  shall  be  required  to  swear  or  affirm  that  the  mat- 
ter of  the  challenge  is  untrue  before  his  vote  shall  be  received. 

Sec.  9.  Any  person  who  shall,  wUUe  a candidate  for  office,  be 
guilty  of  bribery,  fraud,  or  willful  violation  of  any  election  law, 
shall  be  forever  disqualified  from  holding  an  office  of  trust  or 
profit  in  this  Commonw^ealth ; and  any  person  convicted  of  willful 
violation  of  the  election  law’s  shall,  in  addition  to  any  penalities 
provided  by  law,  be  deprived  of  the  right  of  suffrage  absolutely 
for  a term  of  four  years. 


256 


CONSTITUTION  OF  PENNSYLVANIA. 


Sec.  10.  In  trials  of  contested  elections  and  in  proceedings 
for  the  investigation  of  elections,  no  person  shall  be  permitted  to 
withhold  his  testimony  upon  the  ground  that  it  may  criminate 
himself  or  subject  him  to  public  iufamj^;  but  such  testimony  shall 
not  afterwards  be  used  against  him  in  any  judicial  proceeding 
except  for  perjury  in  giving  such  testimony. 

Sec.  11.  Townships,  and  wards  of  cities  or  boroughs,  shall 
form  or  be  divided  into  election  districts  or  compact  and  conti- 
guous territory,  in  such  manner  as  the  Court  of  Quarter  Sessions 
of  the  city  or  county  in  which  the  same  are  located  may  direct; 
but  districts  in  cities  of  over  one  hundred  thousand  inhabitants 
shall  be  divided  by  the  Courts  of  Quarter  Sessions,  having  juris- 
diction therein,  whenever  at  the  next  preceding  election  more 
than  two  hundred  and  fifty  votes  shall  have  been  polled  therein; 
and  other  election  districts  whencwer  the  court  of  the  proper 
county  shall  be  of  opinion  that  the  convenience  of  the  electors 
and  the  public  interest  will  be  promoted  thereby. 

Sec.  12.  All  elections  by  persons  in  a representative  capacity 
shall  be  viva  voce. 

Sec.  13.  For  the  purpose  of  voting  no  person  shall  be  deemed 
to  have  gained  a residence  by  reason  of  his  presence,  or  lost  it 
by  reason  of  his  absence,  while  employed  in  the  seiwice,  either 
civil  or  mOitary,  of  this  State  or  of  the  United  States,  nor  while 
engaged  in  the  navigation  of  the  waters  of  the  State  or  of  the 
United  States,  or  on  the  high  seas,  nor  while  a student  of  any 
institution  of  learning,  nor  while  kept  in  any  poor-house  or  other 
asylum  at  public  expense,  nor  while  confined  in  public  prison. 

Sec.  14.  District  election  boards  shall  consist  of  a judge  and 
two  inspectors,  who  shall  be  chosen  annually  by  the  citizens. 
Each  elector  shall  have  the  right  to  vote  for  the  judge  and  one 
inspector,  and  each  inspector  shall  appoint  one  clerk.  The  first 
election  board  for  any  new  district  shall  be  selected,  and  vacancies 
in  election  boards  filled,  as  shall  be  provided  by  law.  Election 
officers  sliall  be  privileged  from  arrest  upon  days  of  election,  and 
while  engaged  in  making  up  and  transmitting  returns,  except 
upon  warrant  of  a court  of  record  or  judge  thereof,  for  an  election 
fraud,  for  felony,  or  for  wanton  breach  of  the  peace.  In  cities 
they  may  claim  exemption  from  jury  duty  during  their  terms  of 
service.  i 


CONSTITUTION  OF  PENNSYLVANIA.  257 

Sec.  15.'  No  person  shall  be  qualiflecl  to  serve  as  an  election 

7 ! any  office 

Wntment  or  employment  in  or  under  the  government  of  the 

Unzted  States  or  of  this  State,  or  of  any  cit;,  or  county  1 oj 

any  municipal  board,  commission  or  trust  in  any  city  sa4  only 

justmes  of  the  peace  and  aldermen,  notaries  public  and  persons 

in  the  mihtia  service  of  the  State;  nor  shall  Ly  election  officer 

be  eligible  to  any  civil  office  to  be  filled  at  an  election  at  -ni  • u 

h,  .h.,1 

— - 

_ y e required;  such  appointments  to  be  made  for  anv  distnVt 

.:crr:r:s“n  «' 

W*.  „?1.  ““  ““  ““I-"'  •'  mepent 

alter  iB  LbIbb’  iht T”'  “ ■“ 

.M  a„,IZ  “ Xn TL  ■“ 

of  electien  all  the  law  judaes  of  Z'*’  ‘^Pruntiog  overseers 
the  time,  shall  concur  i^  tlfe  apJoinL"^^^^^^^^^^^^ 

electors' of  P^esidS  a“d  SeT'“"f  “ 

Assembly,  and  of  all  public' oSriTers tote  ' 

law,  designate  the  General  Assembly  shall,  by  general 

of  election  contlts  shfu  be  T 

trial  and  all  matters  ineto  e +u  ^ regulate  the  manner  of 

lurisdiction  or  reiS 

«rt«Bg  out  Of  aa  eleetloB  held  So"Z  “■ 


258 


CONSTITUTION  OF  PENNSYLVANIA. 


AKTICLE  IX. 

Taxation  and  Tinance. 

Section  1.  All  taxes  shall  be  uniform,  upon  the  same  class  of 
subjects,  within  the  territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general  laws; 
but  the  General  Assembly  may,  by  general  laws,  exempt  from  tax- 
ation public  property  used  for  public  purposes,  actual  places  of 
religious  worship,  places  of  burial  not  used  or  held  for  private 
or  corporate  profit,  and  institutions  of  purely  public  charity. 

Sec.  2.  All  laws  exempting  property  from  taxation,  other  than 
the  property  above  enumerated,  shall  be  void. 

Sec.  3.  The  power  to  tax  corporations  and  corporate  property 
shall  not  be  surrendered  or  suspended  by  any  contract  or  grant 
to  which  the  State  shall  be  a party. 

Sec.  4.  No  debt  shall  be  created  by  or  on  behalf  of  the  State, 
except  to  supply  casual  deficiencies  of  revenue,  repel  invasions, 
suppress  insurrection,  defend  the  State  in  war,  or  to  pay  existing 
debts;  and  the  debt  created  to  supply  deficiencies  in  revenue 
shall  never  exceed,  in  the  aggregate  at  any  one  time,  one  million 
of  dollars. 

Sec.  5.  All  laws  authorizing  the  borrowing  of  money  by  and 
on  behalf  of  the  State,  shall  specify  the  purpose  for  which  the 
money  is  to  be  used,  and  the  money  so  borrowed  shall  be  used  for 
the  purpose  specified  and  no  other. 

Sec.  6.  The  credit  of  the  Commonwealth  shall  not  be 
jpledged  or  loaned  to  any  individual,  company,  corporation  or 
association,  nor  shall  the  Commonwealth  become  a joint  owner 
or  stockholder  in  any  company,  association  or  corporation. 

Sec.  7.  The  General  Assembly  shall  not  authorize  any  county, 
city,  borough,  township  or  incorporated  district  to  become  a 
stockholder  in  any  company,  association  or  corporation,  or  to 
obtain  or  appropriate  money  for,  or  to  loan  its  credit  to,  any  cor- 
poration, association,  institution  or  individual. 

Sec.  8.  The  debt  of  any  county,  city,  borough,  township, 
school  district  or  other  municipality,  or  incorporated  district, 
except  as  herein  provided,  shall  never  exceed  seven  per  centum 
upon  the  assessed  value  of  the  taxable  property  therein,  nor  shall 
any  such  municipality  or  district  incur  any  new  debt,  or  increase 
its  indebtedness  to  an  amount  exceeding  two  per  centum  upon 


CONSTITUTION  OF  PENNSYLVANIA.  259 

such  assessed  valuation  of  property,  without  the  assent  of  the 
tors  thereof  at  a public  election  in  such  manner  as  shall  be 
pi  ended  by  law;  but  any  city,  the  debt  of  which  now  exceeds 

by  law  to  increase  the  same  three  per  centum,  in  the  aggregate 
at  any  one  time,  upon  such  valuation.  ^ 

Sec  9.  The  Commonwealth  shall  not  assume  the  debt  or  anv 
part  thereof,  of  any  city,  county,  borough  or  township’  unless 
such  debt  shall  have  been  contracted  to  enable  the  State ’to  repel 
invasion  suppress  domestic  insurrection,  defend  itself  in  time^of 

p« 

Sec  10.  Any  county,  township,  school  district  or  other  muni 
cipahty  incurring  any  indebtedness  shall,  at  or  before  the  time 
of  so  doing,  provide  for  the  collection  of  an  annual  tax  sufficlnt 
to^pay  the  interest  and  also  the  principal  thereof  within  thirty 

Sec.  11.  To  provide  for  the  payment  of  the  present  State  debt 
< n any  additional  debt  contracted  as  aforesaid,  the  General 

IT, 

redne  vn  '“terest  on  such  debt,  and  annually  to 

and  fit  than  two  hundred 

the  ^ ousand  dollars;  the  said  sinking  fund  shall  consist  of 
the  Pjeeeds  ofthesalesofthepublicworksoranypart  thereof, 
and  of  the  '"come  or  proceeds  of  the  sale  of  any  stocks  owned  by 

the  Commonwealth,  together  with  other  funds  and  resources  that 

may  be  designated  by  law,  and  shall  be  increased  from  tof to 
tmie  by  assigning  to  it  any  part  of  the  taxes  or  other  re« 
of  the  State  not  required  for  the  ordinary  and  current  expenses  of 
government;  and  unless  in  case  of  war,  invasion  or  insurrection 

wise  than  i th  s^^all  be  used  or  applied  other- 

V'lse  than  in  the  extinguishment  of  the  public  debt. 

Sec.  12.  The  moneys  of  the  State,  over  and  above  the  neces- 
' *7  shall  be  used  in  the  payment  of  the  debt  of  the  State 

either  directly  or  through  the  sinking  fund,  and  the  mon  y ofTe 
nking  fu  d shall  never  be  invested  in  or  loaned  upon  the  secur 
State  the  bonds  of  the  United  States  or  of  this 

Sec.  13.  The  moneys  held  as  necessary  reserve  shall  be  limited 
by  law  to  the  amount  required  for  current  expenses,  and  shall 


260 


CONSTITUTION  OF  PENNSYLVANIA. 


be  secured  and  kept  as  may  be  provided  by  law.  Monthly  state- 
ments shall  be  published  showing  the  amount  of  such  moneys, 
where  the  same  are  deposited,  and  how  secured. 

Sec.  14.  The  making  profit  out  of  the  public  moneys  or  using 
the  same  for  any  purpose  not  authorized  by  law  by  any  ofiScer  of 
the  State,  or  member  or  officer  of  the  General  Assembly,  shall  be 
a misdemeanor  and  shall  be  punished  as  may  be  provided  by  law, 
but  part  of  such  punishment  shall  be  disqualification  to  hold 
office  for  a period  of  not  less  than  five  years. 

AETICLE  X. 

Education. 

Section  1.  The  General  Assembly  shall  provide  for  the  mainte- 
nance and  support  of  a thorough  and  efficient  system  of  public 
schools,  wherein  all  the  children  of  this  Commonwealth  above  the 
the  age  of  six  years  may  be  educated,  and  shall  appropriate  at 
least  one  million  dollars  each  year  for  that  purpose. 

Sec.  2.  No  money  raised  for  the  support  of  the  public  schools 
of  the  Commonwealth  shall  be  appropriated  to  or  used  for  the 
support  of  any  sectarian  school. 

Sec.  3.  Women  twenty-one  years  of  age  and  upwards  shaU  be 
eligible  to  any  office  of  control  or  management  under  the  school 
laws  of  this  State. 

AKTICLE  XI. 

Militia. 

Section  1.  The  freemen  of  this  Commonwealth  shall  be  armed, 
organized  and  disciplined  for  its  defense  when  and  in  such  man- 
ner as  may  be  directed  by  law.  The  General  Assembly  shall  pro- 
vide for  maintaining  theh  militia  by  appropriations  from  the 
treasury  of  the  Commonwealth,  and  may  exempt  from  military 
service  persons  having  conscientious  scruples  against  bearing 
arms. 

AKTICLE  Xn. 

Public  Officers. 

Section  1.  All  officers  whose  selection  is  not  provided  for  in 
this  Constitution,  shall  be  elected  or  appointed  as  may  be  directed 
by  law. 


CONSTITUTION  OF  PENNSYLVANIA. 


261 


Sec.  2.  No  member  of  Congress  from  this  State,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise 
any  office  in  this  State  to  which  a salary,  fee  or  perquisites  shall 
be  attached.  The  General  Assembly  may  by  law  declare  what 
offices  are  incompatible. 

Sec.  3.  Any  person  who  shall  fight  a duel  or  send  a challenge 
for  that  purpose,  or  be  aider  or  abettor  in  fighting  a duel,  shall 
be  deprived  of  the  right  of  holding  any  office  of  honor  or  profit  in 
this  State,  and  may  be  otherwise  punished  as  shall  be  prescribed 
by  law. 

AKTICLE  XIII. 

Nev!)  Counties. 

Section  1.  No  new  county  shall  be  established  which  shall 
reduce  any  county  to  less  than  four  hundred  square  miles, 
or  to  less  than  twenty  thousand  inhabitants;  nor  shall  any 
county  be  formed  of  less  area,  or  containing  a less  population; 
nor  shall  any  line  thereof  pass  within  ten  miles  of  the  county  seat 
of  any  county  proposed  to  be  divided. 

ARTICLE  XIV. 

County  Officers. 

Section  1.  County  officers  shall  consist  of  sheriffs,  coroners, 
prothonotaries,  registers  of  wills,  recorders  of  deeds,  commission- 
ers. treasurers,  surveyors,  auditors  or  controllers,  clerks  of  the 
courts,  district  attorneys  and  such  others  as  may  from  time  to 
time  be  established  by  law;  and  no  sheriff  or  treasurer  shall  be 
eligible  for  the  term  next  succeeding  the  one  for  which  he  may  be 
elected. 

Sec.  2.  County  officers  shall  be  elected  at  the  general  elec- 
tions and  shall  hold  their  offices  for  the  term  of  three  years,  begin- 
ning on  the  first  Monday  of  January  next  after  their  election,  and 
until  their  successors  shall  be  duly  qualified;  all  vacancies  not 
otherwise  provided  for  shall  be  filled  in  such  manner  as  may  be 
provided  by  law. 

Sec.  3.  No  person  shall  be  appointed  to  any  office  within  any 
county  who  shall  not  have  been  a citizen  and  an  inhabitant  therein 
one  year  next  before  his  appointment,  if  the  county  shall  have 


262 


CONSTITUTION  OF  PENNSYLVANIA. 


been  so  long  erected,  but  if  it  shall  not  have  been  so  long  erected, 
then  within  the  limits  of  the  county  or  counties  out  of  which  it 
shall  have  been  taken. 

Sec.  4.  Prothonotaries,  clerks  of  the  courts,  recorders  of  deeds, 
registers  of  wills,  county  surveyors  and  sheriffs,  shall  keep  their 
offices  in  the  county  town  of  the  county  in  which  they  respec- 
tively shall  be  officers. 

Sec.  5.  The  compensation  of  county  officers  shall  be  regulated 
by  law,  and  all  county  officers  who  are  or  may  be  salaried  shall 
pay  all  fees  which  they  may  be  authorized  to  receive,  into  the 
treasury  of  the  county  or  State,  as  may  be  directed  by  law.  In 
counties  containing  over  one  hundred  and  fifty  thousand  inhabi- 
tants all  county  officers  shall  be  paid  by  salary,  and  the  salary 
of  any  such  officer  and  his  clerks,  heretofore  paid  by  fees,  shall 
not  exceed  the  aggregate  amount  of  fees  earned  during  his  term 
and  collected  by  him  or  for  him. 

Sec.  6.  The  General  Assembly  shall  provide  by  law  for  the 
strict  accountability  of  all  county,  township  and  borough  officers, 
as  well  for  the  fees  which  may  be  collected  by  them  as  for  all  pub- 
lic or  municipal  moneys  which  may  be  paid  to  them. 

Sec.  7.  The  county  commissioners  and  three  county  auditors 
shall  be  elected  in  each  county  where  such  officers  are  chosen,  in 
the  year  one  thousand  eight  hundred  and  seventy-five  and  every 
third  year  thereafter;  and  in  the  election  of  said  officers,  each 
qualified  elector  shall  vote  for  no  more  than  two  persons,  and  the 
three  persons  having  the  highest  number  of  votes  shall  be  elected ; 
any  casual  vacancy  in  the  office  of  county  commissioner  or  county 
auditor  shall  be  filled  by  the  Court  of  Common  Pleas  of  the  county 
in  which  such  vacancy  shall  occur,  by  the  appointment  of  an 
elector  of  the  proper  county  who  shall  have  voted  for  the  com- 
missioner or  auditor  whose  place  is  to  be  filled. 

ARTICLE  XV. 

Cities  and  City  Charters. 

Section  1.  Cities  may  be  chartered  whenever  a majority  of  the 
electors  of  any  town  or  borough  having  a population  of  at  least 
ten  thousand  shall  vote  at  any  general  election  in  favor  of  the 
same. 

Sec.  2.  No  debt  shall  be  contracted  or  liability  incurred  by 
any  municipal  commission,  except  in  pursuance  of  an  appropria- 
tion previouslv  made  therefor  by  the  municipal  government. 


.CONSTITUTION  OF  PENNSYLVANIA. 


263 


Sec.  3.  Every  city  shall  create  a sinking  fund,  which  shall  be 
inviolably  pledged  for  the  payment  of  its  funded  debt. 

ARTICLE  XVI. 

Private  Corporations. 

Section  1.  All  existing  charters,  or  grants  of  special  or  exclu- 
sive privileges,  under  which  a bona  fide  orgauizition  shall  not 
have  taken  place  and  business  been  commenced  in  good  faith, 
at  the  time  of  the  adoption  of  this  Constitution,  shall  thereafter 
have  no  validity. 

Sec.  2.  The  General  Assembly  shall  not  remit  the  forfeiture 
of  the  charter  of  any  corporation  now  existing,  or  alter  or  amend 
the  same,  or  pass  any  other  general  or  special  law  for  the  benefit 
of  such  corporation  except  upon  the  condition  that  such  corpora- 
tion shall  thereafter  hold  its  charter  subject  to  the  provisions  of 
this  Constitution. 

Sec.  3.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  or  so  construed  as  to  prevent  the  General 
Assembly  from  taking  the  property  and  franchises  of  incorpo- 
rated companies,  and  subjecting  them  to  public  use,  the  same  as 
the  property  of  individuals;  and  the  exercise  of  the  police  power 
of  the  State  shall  never  be  abridged  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well  being 
of  the  State. 

Sec.  4.  In  all  elections  for  directors  or  managers  of  a corpora- 
tion each  member  or  shareholder  may  cast  the  whole  number  of 
his  votes  for  one  candidate,  or  distribute  them  upon  two  or  more 
candidates,  as  he  may  prefer. 

Sec.  5.  No  foreign  corporation  shall  do  any  business  in  this 
State  without  having  one  or  more  known  places  of  business  and 
an  authorized  agent  or  agents  in  the  same  upon  whom  process 
may  be  served. 

Sec.  G.  No  corporation  shall  engage  in  any  business  other 
than  that  expressly  authorized  in  its  charter,  nor  shall  it  take 
or  hold  any  real  estate  except  such  as ‘may  be  necessary  and 
proper  for  its  legitimate  business. 

Sec.  7.  No  corporation  shall  issue  stocks  or  bonds  except  for 
money,  labor  done,  or  money  or  property  actually  received;  and 
all  fictitious  increase  of  stock  or  indebtedness  shall  be  void.  The 


264 


CONSTITUTION  OF  PENNSYLVANIA. 


stock  and  indebtedness  of  corporations  shall  not  be  increased 
except  in  pursuance  of  general  law,  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  the  stock,  first 
obtained  at  a meeting  to  be  held  after  sixty  days’  notice  given  in 
pursuance  of  law. 

Sec.  8.  Municipal  and  other  corporations  and  individuals 
invested  with  the  privilege  of  taking  private  property  for  public 
use  shall  make  just  compensation  for  property  taken,  injured  or 
destroyed  by  the  construction  or  enlargement  of  their  works, 
highways  or  improvements,  which  compensation  shall  be  paid  or 
secured  before  such  taking,  injury  or  destruction.  The  General 
Assembly  is  hereby  prohibited  from  depriving  any  person  of  an 
appeal  from  any  preliminary  assessment  of  damages  against  any 
such  corporation  or  indmduals  made  by  viewers  or  otherwise; 
and  the  amount  of  such  damages  in  all  cases  of  appeal  shall  on  the 
demand  of  either  party  be  determined  by  a jury  according  to  the 
course  of  the  common  law. 

Sec.  9.  Every  banking  law  shall  provide  for  the  registry  and 
countersigning,  by  an  officer  of  the  State,  of  all  notes  or  bills 
designed  for  circulation,  and  that  ample  security  to  the  full 
amount  thereof  shall  be  deposited  with  the  Auditor-General  for 
the  redemption  of  such  notes  or  bills. 

Sec.  lu.  The  General  Assembly  shall  have  the  power  to  alter, 
revoke  or  annul  any  charter  of  incorporation  now  existing  and 
revocable  at  the  adoption  of  this  Constitution,  or  any  that  may 
hereafter  be  created,  whenever  in  their  opinion  it  may  be  inju- 
rious to  the  citizens  of  this  Commonwealth,  in  such  manner,  how- 
ever, that  no  injustice  shall  be  done  to  the  corporators.  No  law 
hereafter  enacted  shall  create,  renew  or  extend  the  charter  of 
more  than  one  corporation. 

Sec.  11.  No  corporate  body  to  possess  banking  and  discount- 
ing privileges  shall  be  created  or  organized  in  pursuance  of  any 
law  without  three  months’  previous  public  notice,  at  the  place  of 
the  intended  location,  of  the  intention  to  apply  for  such  privi- 
leges, in  such  manner  as  shall  be  prescribed  by  law,  nor  shall  a 
charter  for  such  privilege  be  granted  for  a longer  period  than 
tw^enty  years. 

Sec.  12.  Any  association  or  corporation  organized  for  the  pur- 
pose, or  any  individual,  shall  have  the  right  to  construct  and 
maintain  lines  of  telegraph  within  this  State,  and  to  connect  the 


CONSTITUTION  OF  PENNSYLVANIA. 


2(>5 


same  with  other  lines,  and  the  General  Assembly  shall,  by  general 
law  of  uniform  operation,  provide  reasonable  regulations  to  give 
full  effect  to  this  section.  No  telegraph  company  shall  consoli- 
date with,  or  hold  a controlling  interest  in  the  stock  or  bonds  of 
any  other  telegraph  company  owning  a competing  line,  or  acquire, 
by  purchase  or  otherwise,  any  other  competing  line  of  telegraph. 

Sec.  13.  The  term  “ corporations,”  as  used  in  this  article,  shall 
be  construed  to  include  all  joint-stock  companies  or  associations 
having  any  of  the  powers  or  privileges  of  corporations  not 
possessed  by  individuals  or  partnerships. 

AETICLE  XVII. 

Railroads  and  Canals. 

Section  1.  All  railroads  and  canals  shall  be  public  highways, 
and  all  railroads  and  canal  companies  shall  be  common  carriers. 
Any  association  or  corporation  organized  for  the  purpose  shall 
have  the  right  to  construct  and  operate  a railroad  between  any 
points  within  this  State,  and  to  connect  at  the  State  line  with 
railroads  of  other  States.  Every  railroad  company  shall  have  the 
right  with  its  roads  to  intersect,  connect  with  or  cross  any  other 
railroad;  and  shall  receive  and  transport  each  the  other’s  passen- 
gers, tonnage  and  cars  loaded  or  empty,  without  delay  or  discrim- 
ination. 

Sec.  2.  Every  railroad  and  canal  corporation,  organized  in 
this  State  shall  maintain  an  office  therein  where  transfers  of  its 
stock  shall  be  made,  and  where  its  books  shall  be  kept  for  inspec- 
tion by  any  stockholder  or  creditor  of  such  corporation,  in  which 
shall  be  recorded  the  amount  of  capital  stock  subscribed  or  paid 
in,  and  by  whom,  the  names  of  the  owners  of  its  stock  and  the 
amounts  owned  by  them,  respectteely,  the  transfers  of  said  stock, 
and  the  names  and  places  of  residence  of  its  officers. 

Sec.  3.  All  individuals,  associations  and  corporations  shall 
have  equal  right  to  have  persons  and  property  transported  over 
railroads  and  canals,  and  no  undue  or  unreasonable  discrimina- 
tion shall  be  made  in  charges  for,  or  in 'facilities  for,  transporta- 
tion of  freight  or  passengers  within  the  State  or  coming  from  or 
going  to  any  other  State.  Persons  and  property  transported  over 
any  railroad  shall  be  delivered  at  any  station  at  charges  not 
exceeding  the  charges  for  transportation  of  persons  and  property 


2GG 


CONSTITUTION  OF  PENNSYLVANIA. 


of  the  same  class  in  the  same  direction  to  any  more  distant  sta- 
tion;  but  excursion  and  commutation  tickets  may  be  issued  at 
special  rates. 

Sec.  4.  No  railroad,  canal  or  other  corporation,  or  the  lessees, 
purchasers  or  managers  of  any  railroad  or  canal  corporation,  shall 
consolidate  the  stock,  property  or  franchises  of  such  corporation 
with,  or  lease,  or  purchase  the  works  or  franchises  of,  or  in  any 
way  control  any  other  railroad  or  canal  corporation  owning 
or  having  under  its  control  a parallel  or  competing  line;  nor  shall 
any  officer  of  such  railroad  or  canal  corporation  act  as  an  officer 
of  any  other  railroad  or  canal  corporation  owning  or  having  the 
control  of  a parallel  or  competing  line;  and  the  question  whether 
railroads  or  canals  are  parallel  or  competing  lines  shall,  when 
demanded  by  the  party  complainant,  be  decided  hy  a jury  as  in 
other  civil  issues. 

Sec.  5.  No  incorporated  company  doing  the  business  of  a com- 
mon carrier  shall,  directly  or  indirectly,  prosecute  or  engage  in 
mining  or  manufacturing  articles  for  transportation  over  its 
works;  nor  shall  such  company,  directly  or  indirectly,  engage  in 
any  other  business  than  that  of  comm.on  carriers,  or  hold  or 
acquire  lands,  freehold  or  leasehold,  directly  or  indirectly,  except 
such  as  shall  be  necessary  for  carrying  on  its  business;  but  any 
mining  or  manufacturing  company  may  carry  the  products  of  its 
mines  and  manufactories  on  its  railroad  or  canal  not  exceeding 
fifty  miles  in  length. 

Sec.  G.  No  president,  director,  officer,  agent  or  employe  of  any 
railroad  or  canal  company  shall  be  interested,  directly  or  indi- 
rectly, in  the  furnishing  of  material  or  supplies  to  such  company, 
or  in  the  business  of  transportation  as  a common  carrier  of 
freight  or  passengers  over  the  works  owned,  leased,  controlled  or 
worked  by  such  company. 

Sec.  7.  No  discrimination  in  charges  or  facilities  for  transpor- 
tation shall  be  made  between  transportation  companies  and 
individuals,  or  in  favor  of  either,  by  abatement,  drawback  or 
otherwise,  and  no  railroad  or  canal  company,  or  any  lessee,  man- 
ager or  employe  thereof,  shall  make  any  preferences  in  furnish- 
ing cars  or  motive  power. 

Sec.  8.  No  railroad,  railway  or  other  transportation  company 
shall  grant  free  passes,  or  passes  at  a discount,  to  any  person 
except  officers  or  employes  of  the  company. 


CONSTITUTION  OF  PENNSYLVANIA. 


2G7 


Sec.  9.  No  street  passenger  railway  shall  be  constructe<i 
within  the  limits  of  any  city,  borough  or  township,  without  the 
consent  of  its  local  authorities. 

Sec.  10.  No  railroad,  canal  or  other  transportation  company, 
in  existence  at  the  time  of  the  adoption  of  this  article,  shall  have 
the  benefit  of  any  future  legislation  by  general  or  special  laws, 
except  on  condition  of  complete  acceptance  of  all  the  provisions 
of  this  article. 

Sec.  11.  The  existing  powers  and  duties  of  the  Auditor- 
General  in  regard  to  railroads,  canals  and  other  transportation 
companies,  except  as  to  their  accounts,  are  hereby  transferred  to 
the  Secretary  of  Internal  Aifairs,  who  shall  have  a general  super- 
vision over  them,  subject  to  such  regulations  and  alterations  as 
shall  be  provided  by  law;  and,  in  addition  to  the  annual  reports 
now  required  to  be  made,  said  Secretary  may  require  special 
reports  at  any  time  upon  any  subject  relating  to  the  business  of 
said  companies  from  any  officer  or  officers  thereof. 

Sec.  12.  The  General  Assembly  shall  enforce  by  appropriate 
legislation  the  provisions  of  this  article. 

ARTICLE  XVIII. 

Future  Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  or  House  of  Representatives; 
and,  if  the  same  shall  be  agreed  to  by  a majority  of  the  members 
elected  to  each  house,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals  with  the  yeas  and  nays  taken 
thereon,  and  the  Secretary  of  the  Commonwealth  shall  cause  the 
same  to  be  published  three  months  before  the  next  general  elec- 
tion, in  at  least  two  newspapers  in  every  county  in  which  such 
newspapers  shall  be  published;  and,  if  in  the  General  Assembly 
next  afterwards  chosen,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  a majority  of  the  members  elected  to 
each  house,  the  Secretary  of  the  Commonwealth  shall  cause  the 
same  again  to  be  published  in  the  maner  aforesaid ; and  such  pro- 
posed arnendment  or  amendments  shall  be  submitted  to  the 
qualified  electors  of  the  State  in  such  manner,  and  at  such  time 
at  least  three  months  after  being  so  agreed  to  by  the  two  houses, 
as  the  General  Assembly  shall  prescribe;  and,  if  such  amend- 
ment or  amendments  shall  be  approved  by  a majority  of  those 


268 


CONSTITUTION  OF  PENNSYLVANIA. 


voting  thereon,  such  amendment  or  amendments  shall  become  a 
pa  Ft.  of  the  Constitution ; but  no  amendment  or  amendments  shall 
be  submitted  oftener  than  once  in  five  years.  When  two  or  more 
amendments  shall  be  submitted  they  shall  be  voted  upon  sepa- 
rarely. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  changes  in  the  Con- 
stitution of  the  Commonwealth,  and  in  order  to  carry  the  same 
into  complete  operation,  it  is  hereby  declared,  that: 

Section  1.  This  Constitution  shall  take  effect  on  the  first  day 
of  January,  in  the  year  one  thousand  eight  hundred  and  seventy- 
four,  for  all  purposes  not  otherwise  provided  for  therein. 

Sec.  2.  All  laws  in  force  in  this  Commonwealth  at  the  time  of 
the  adoption  of  this  Constitution  not  inconsistent  therewith,  and 
all  rights,  actions,  prosecutions  and  contracts  shall  continue  as 
if  this  Constitution  had  not  been  adopted. 

Sec.  3.  At  the  general  election  in  the  years  one  thousand 
eight  hundred  and  seventy-four  and  one  thousand  eight  hundred 
and  seventy-five.  Senators  shall  be  elected  in  all  districts  where 
there  shall  be  vacancies.  Those  elected  in  the  year  one  thou- 
sand eight  hundred  and  seventy-four  shall  serve  for  two  years, 
and  those  elected  in  the  year  one  thousand  eight  hundred  and 
seventy-five  shall  serve  for  one  year.  Senators  now  elected  and 
those  whose  terms  are  unexpired  shall  represent  the  districts 
in  which  they  reside  until  the  end  of  the  terms  for  which  they 
were  elected. 

Sec.  4.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  seventy-six.  Senators  shall  be  elected  from  even 
numbered  districts  to  serve  for  two  years,  and  from  odd  num- 
bered districts  to  serve  for  four  years. 

Sec.  5.  The  first  election  of  Governor  under  this  Constitution 
shall  be  at  the  general  election  in  the  jesiv  one  thousand  eight 
hundred  and  sev.enty-five,  when  a Governor  shall  be  elected  for 
three  j^ears;  and  the  term  of  the  Governor  elected  in  the  year 
one  thousand  eight  hundred  and  seventy-eight  and  of  those  there- 
after elected  shall  be  for  four  years,  according  to  the  provisions 
of  this  Constitution. 

Sec.  6.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  seventy-four,  a Lieutenant-Governor  shall  be  elected 
according  to  the  provisions  of  this  Constitution. 


CONSTITUTION  OF  PENNSYLVANIA. 


269 


Sec.  7.  The  Secretary  of  Internal  Affairs  shall  be  elected  at 
the  first  general  election  after  the  adoption  of  this  Constitution ; 
and,  when  the  said  officer  shall  be  duly  elected  and  qualified,  the 
office  of  Surveyor-General  shall  be  abolished.  The  Surveyor- 
General  in  office  at  the  time  of  the  adoption  of  this  Constitution 
shall  continue  in  office  until  the  expiration  of  the  term  for  which 
he  was  elected. 

Sec.  8.  When  the  Superintendent  of  Public  Instruction  shall 
be  duly  qualified  the  office  of  Superintendent  of  Common  Schools 
shall  cease. 

Sec.  9.  Nothing  contained  in  this  Constitution  shall  be  con- 
strued to  render  any  person  now  holding  any  State  office  for  a 
first  official  term  ineligible  for  re-election  at  the  end  of  such  tenn. 

Sec.  10.  The  judges  of  the  Supreme  Court  in  office  when  this 
Constitution  shall  take  effect  shall  continue  until  their  commis- 
sions severally  expire.  Two  judges  in  addition  to  the  number 
now  composing  the  said  court  shall  be  elected  at  the  first  general 
election  after  the  adoption  of  this  Constitution. 

Sec.  11.  All  courts  of  record  and  all  existing  courts  which  are 
not  specified  in  this  Constitution  shall  continue  in  existence  until 
the  first  day  of  December,  in  the  year  one  thousand  eight  hun- 
dred and  seventy-five,  without  abridgment  of  their  present  juris- 
diction, but  no  longer.  The  court  of  first  criminal  jurisdiction 
for  the  counties  of  Schuylkill,  Lebanon  and  Dauphin  is  hereby 
abolished,  and  all  causes  and  proceedings  pending  therein  in  the 
county  of  Schuylkill  shall  be  tried  and  disposed  of  in  the  Courts 
of  Oyer  and  Terminer  and  Quarter  Sessions  of  the  Peace  of  said 
county. 

Sec.  12.  The  registers’  courts  now  in  existence  shall  be  abol- 
ished on  the  first  day  of  January  next  succeeding  the  adoption  of 
this  Constitution. 

Sec.  13.  The  General  Assembly  shall,  at  the  next  session  after 
the  adoption  of  this  Constitution,  designate  the  several  judicial 
districts  as  required  by  this  Constitution.  The  judges  in  com- 
mission when  such  designation  shall  be  made  shall  continue  dur- 
ing their  unexpired  terms  judges  of  the  new  districts  in  w^hich 
they  reside;  but,  when  there  shall  be  two  judges  residing  in  the 
same  district,  the  president  judge  shall  elect  to  which  district  he 
shall  be  assigned,  and  the  additional  law  judge  shall  be  assigned 
to  the  other  district. 


270 


CONSTITUTION  OF  PENNSYLVANIA. 


Sec.  14.  The  General  Assembly  shall,  at  the  next  succeeding 
session  after  each  decennial  census  and  not  oftener,  designate 
the  several  judicial  districts  as  required  by  this  Constitution. 

Sec.  15.  Judges  learned  in  the  law  of  any  court  of  record 
holding  commissions  in  force  at  the  adoption  of  this  Constitution 
shall  hold  their  respective  offices  until  the  expiration  of  the  terms 
for  which  they  were  commissioned,  and  until  their  successors 
shall  be  duly  qualified.  The  Governor  shall  commission  the  presi- 
dent judge  of  the  court  of  first  criminal  jurisdiction  for  the 
counties  of  Schuylkill,  Lebanon  and  Dauphin  as  a judge  of  the 
Court  of  Common  Pleas  of  Schuylkill  county,  for  the  unexpired 
term  of  his  office. 

Sec.  16.  After  the  expiration  of  the  term  of  any  president 
judge  of  any  Court  of  Common  Pleas,  in  commission  at  the  adop- 
tion of  this  Constitution,  the  judge  of  such  court  learned  in  the 
law  and  oldest  in  commission  shall  be  the  president  judge  thereof; 
and  when  two  or  more  judges  are  elected  at  the  same  time  in  any 
judicial  district  they  shall  decide  by  lot  which  shall  be  president 
judge;  but  when  a president  judge  of  a court  shall  be  re-elected  he 
shall  continue  to  be  president  judge  of  that  court.  Associate 
judges  not  learned  in  the  law,  elected  after  the  adoption  of  this 
Constitution,  shall  be  commissioned  to  hold  their  offices  for  the 
term  of  five  years  from  the  first  day  of  January  next  after  their 
election. 

8ec.  17.  The  General  Assembly,  at  the  first  session  after  the 
adoption  of  this  Constitution,  shall  fix  and  determine  the  compen- 
sation of  the  judges  of  the  Supreme  Court  and  of  the  judges  of 
the  several  judicial  districts  of  the  Commonwealth;  and  the  pro- 
visions of  the  fifteenth  section  of  the  article  on  legislation  shall 
not  be  deemed  inconsistent  herewith.  Nothing  contained  in  this 
Constitution  shall  be  held  to  reduce  the  compensation  now  paid 
to  any  law  judge  of  this  Commonwealth  now  in  commission. 

Sec.  18.  The  Courts  of  Common  Pleas  in  the  counties  of  Phila- 
delphia and  Allegheny  shall  be  composed  of  the  present  judges 
of  the  District  Court  and  Court  of  Common  Pleas  of  said  counties 
until  their  offices  shall  severally  end,  and  of  such  other  judges  as 
may  from  time  to  time  be  selected.  For  the  purpose  of  first 
organization  in  Philadelphia  the  judges  of  the  court  number  one 
shall  be  Judges  Allison,  Pierce  and  Paxson;  of  the  court  number 
two.  Judges  Hare,  ^litchell  and  one  other  judge  to  be  elected;  of 


CONSTITUTION  OF  PENNSYLVANIA. 


271 


the  court  number  three,  Judges  Ludlow,  Finletter  and  Lynd;  and 
of  the  court  number  four,  Judges  Thayer,  Briggs  and  one  other 
judge  to  be  elected.  The  judge  first  named  shall  be  the  presi- 
dent judge  of  said  courts  respectively,  and  thereafter  the  presi- 
dent judge  shall  be  the  judge  oldest  in  commission;  but  any 
president  judge  re-elected  in  the  same  court  or  district,  shall  con- 
tinue to  be  president  judge  thereof.  The  additional  judges  for  courts 
numbers  two  and  four  shall  be  voted  for  and  elected  at  the  first 
general  election  after  the  adoption  of  this  Constitution,  in  the 
same  manner  as  the  two  additional  judges  of  the  Supreme  Court, 
and  they  shall  decide  by  lot  to  which  court  they  shall  belong. 
Their  term  of  office  shall  commence  on  the  first  Monday  of  Janu- 
ary, in  the  year  one  thousand  eight  hundred  and  seventy-five. 

Sec.  19.  In  the  county  of  Allegheny,  for  the  purpose  of  first 
organization  under  this  Constitution,  the  judges  of  the  Court  of 
Common  Pleas,  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  the  judges  of  the  court  number  one,  and  the  judges  of  the 
District  Court,  at  the  same  date,  shall  be  the  judges  of  the  Com- 
mon Pleas  number  two.  The  president  judges  of  the  Common 
Pleas  and  District  Court  shall  be  president  judge  of  said  courts 
number  one  and  two,  respectively,  until  their  offices  shall  end; 
and  thereafter  the  judge  oldest  in  commission  shall  be  president 
judge;  but  any  president  judge  re-elected  in  the  same  court  or 
district,  shall  continue  to  be  president  judge  thereof. 

Sec.  20.  The  organization  of  the  Courts  of  Common  Pleas 
under  this  Constitution  for  the  counties  of  Philadelphia  and  Alle- 
gheny shall  take  effect  on  the  first  Monday  of  January,  one  thou- 
sand eight  hundred  and  seventy-five,  and  existing  courts  in  said 
counties  shall  continue  with  their  present  powers  and  jurisdic- 
tion until  that  date,  but  no  new  suits  shall  be  instituted  in  the 
courts  of  nisi  prius  after  the  adoption  of  this  Constitution. 

Sec.  21.  The  causes  and  proceedings  pending  in  the  court  of 
nisi  prius.  Court  of  Common  Pleas  and  District  Court  in  Philadel- 
phia shall  be  tried  and  disposed  of  in  the  Court  of  Common  Pleas. 
The  records  and  dockets  of  said  courts  shall  be  transferred  to  the 
prothonotary’s  office  of  said  county. 

Sec.  22.  The  causes  and  proceedings  pending  in  the  Court  of 
Common  Pleas  in  the  county  of  Allegheny  shall  be  tried  and  dis- 
posed of  in  the  court  number  one;  and  the  causes  and  pro- 


272 


CONSTITUTION  OF  PENNSYLVANIA. 


ceedings  pending  in  the  District  Court  shall  be  tried  and  disposed 
of  in  the  court  number  two. 

Sec.  23.  The  prothonotarj  of  the  Court  of  Common  Pleas  of 
Philadelphia  shall  be  first  appointed  by  the  judges  of  the  said 
court  on  the  first  Monday  of  December  in  the  year  one  thousand 
eight  hundred  and  seventy-five,  and  the  present  prothonotary  of 
the  District  Court  in  said  county  shall  be  the  prothonotary  of  the 
said  Court  of  Common  Pleas  until  said  date  when  his  commission 
shall  expire,  and  the  present  clerk  of  the  Court  of  Oyer  and 
Terminer  and  Quarter  Sessions  of  the  Peace  in  Philadelphia  shall 
be  the  clerk  of  such  court  until  the  expiration  of  his  present 
commission  on  the  first  Monday  of  December,  in  the  year  one 
thousand  eight  hundred  and  seventy-five. 

Sec.  24.  In  cities  containing  over  fifty  thousand  inhabitants 
except  Philadelphia,  all  aldermen  in  office  at  the  time  of  the 
adoption  of  this  Constitution  shall  continue  in  ofiSce  until  the 
expiration  of  their  commissions,  and  at  the  election  for  city  and 
ward  officers  in  the  year  one  thousand  eight  hundred  and  seventy- 
five  one  alderman  shall  be  elected  in  each  ward  as  provided  in 
this  Constitution. 

Sec.  25.  In  Philadelphia  magistrates  in  lieu  of  aldermen  shall 
be  chosen  as  required  in  this  Constitution,  at  the  election  in  said 
city  for  city  and  w’ard  officers  in  the  year  one  thousand  eight  hun- 
dred and  seventy-five;  their  term  of  office  shall  commence  on  the 
first  Monday  of  April  succeeding  their  election.  The  terms  of 
office  of  aldermen  in  said  city  holding  or  entitled  to  commissions 
at  the  time  of  the  adoption  of  this  Constitution  shall  not  be 
affected  thereby. 

Sec.  26.  All  persons  in  office  in  this  Commonwealth  at  the 
time  of  the  adoption  of  this  Constitution,  and  at  the  first  election 
under  it,  shall  hold  their  respective  offices  until  the  term  for 
which  they  have  been  elected  or  appointed  shall  expire,  and  until 
their  successors  shall  be  duly  qualified,  unless  otherwise  provided 
in  this  Constitution. 

Sec.  27.  The  seventh  article  of  this  Constitution  prescribing 
an  oath  of  office  shall  take  effect  on  and  after  the  first  day  of 
January,  one  thousand  eight  hundred  and  seventy-five. 

Sec.  28.  The  terms  of  office  of  county  commissioners  and 
county  auditors,  chosen  prior  to  the  year  one  thousand  eight  hun- 


CONSTITUTION  OF  PENNSYLVANIA.  073 

dred  and  seventy-five,  which  shaU  not  have  expired  before  the 

flrj  Monday  of  January,  in  the  year  one  thousand  eTghttundr^ 
and  seventy-six,  shall  expire  on  that  day.  hundred 

Sec.  29.  ^1  state,  county,  city,  ward,  borough  and  townshio 
officers  an  office  at  the  tune  of  the  adoption  of  this  ConSt 
whose  compensation  is  not  provided  for  by  salaries 
continue  to  receive  the  compensation  allowed  them  by  !aJ  unS 
the  expiration  of  their  respective  terms  of  office. 

Sec.  30.  All  State  and  judicial  officers  heretofore  elected 


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CONSTITUTION 


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CONSTITUTION  OF  THE  STATE  OF  RHODE  ISLAND, 


ARTICLE  I. 

Declaratien  of  Rights. 

Section  j 

1.  Right  of  the  people  to  make  and  j 

alter  their  constitution,  I 

2.  Object  of  government, — ^Hov? 

laws  should  be  made  and  bur- 
dens distributed. 

3.  Religious  freedom  secured, 

4.  Slavery  prohibited. 

5.  Laws  should  provide  remedies.— 

Justice  should  be  free,  com- 
plete, prompt. 

6.  Rights  of  search  and  seizure 

regulated.  | 

7.  Provisions  concerning  criminal 

proceedings. 

8.  Bail,  fines  and  punishments. 

9.  Bail  and  habeas  corpus. 

10.  Rights  of  the  accused  in  criminal 

proceedings. 

11.  Debtors  entitled  to  relief. 

12.  No  ex  post  facto  law,  etc.,  to  be 

passed. 

13.  No  man  to  criminate  himself. 

14.  Presumption  of  innocence. — ^Ac- 

cused to  be  secured  without  se^ 
verity. 

15.  Trial  by  jury. 

16.  Private  property  secured, 

17.  Rights  of  fishery. 

18.  Military  subordinate. — ^Martial 

law. 

19.  Of  quartering  soldiers. 

20.  Liberty  of  press  secured.— ‘Truth 

as  a defense  to  libels. 

21.  Right  of  people  to  assemble,  and 

to  petition. 

22.  Right  to  bear  arms. 

23.  Rule  of  construction. 

ARTICLE  n. 

Electors. 

1.  Of  electors  owning  real  estate. 

2.  Of  electors  qualified  to  vote  on 

adoption  of  Constitution.— Reg- 


Section 

istered  voters. — Qualified  by 
dollar  tax. — Military  duty. — 
Who  to  vote  for  city  council 
in  Providence,  to  impose  a tax, 
etc. 

3.  Of  assessment  and  payment  of 

registry  tax. 

4.  Who  shall  not  gain  residence, 

or  be  permited  to  vote. 

5.  Residents  on  land  ceded,  etc., 

not  electors. 

6.  Power  of  General  Assembly  over 

elections. 

ARTICLE  III. 

Powers  Distributed. 

Three  departments. 

ARTICLE  IV. 

Legislative  Power. 

1.  Constitution  supreme  law. 

2.  Two  houses. — General  Assembly. 

— Style  of  laws. 

3.  Sessions  of  General  Assembly, 

4.  Members  not  to  take  fees,  etc. 
6.  Members  exempt  from  arrest,  etc. 

6.  Powers  of  each  house. — Organi- 

zation. 

7.  Powers  to  make  rules,  etc. 

8.  Of  the  journal,  and  yeas  and 

nays. 

9.  Of  adjournments. 

10.  Of  powers  not  prohibited. 

11.  Pay  of  members. 

12.  Lotteries  prohibited. 

13.  Debts  not  to  be  incurred. 

14.  Private  or  local  appropriations. 

15.  Of  valuations  of  property  and  as- 

sessments. 

16.  Officers  may  be  continued  until 

successors  qualified. 

17.  Bills  to  create  corporations  to 

be  continued,  except,  etc. 

18.  Of  election  of  Senators  in  Con- 

gress. 


K ti 


CONSTITUTIOX  OF  KHODE  ISLAND. 


ARTICLE  V. 

Uou^e  of  Ht'preseiitatives. 

Section 

1.  House,  how  constituted. — Ratio 

of  representation. 

2.  May  elect  its  oflacers,  etc. 

ARTICLE  VI. 

Senate. 

1.  How  constituted. 

2.  Governor  to  preside. — When  to 

vote  in  grand  committee. 

S.  May  elect  presiding  officer  in 
case  of  vacancy,  etc. 

4.  SecretaiT  and  other  officers. 

ARTICLE 

Exeeutite. 

1.  Of  the  Governor  and  Lieutenant- 

Governor. — How  elected. 

2.  Duty  of  Governor. 

3.  He  shall  command  military  and 

naval  forces,  except,  etc. 

4.  He  may  grant  reprieves,  etc. 

5.  He  may  fill  vacancies. 

6.  He  may  adjourn  Assembly,  in 

case,  etc. 

7.  He  may  convene  Assembly, 

when,  etc. 

8.  Commissions,  how  signed,  etc. 

9.  Lieutenant-Governor,  when  to 

act  as  Governor. 

10.  Vacancies,  how  filled. 

. Compensation  of  Governor,  etc. 

. Duties  of  general  officers. 

ARTICLE  ^^II. 

Election. 

1.  Governor  and  general  officers, 

when  elected. 

2.  General  officers  and  Members  of 

Assembly. — ^How  voted  for. 

3.  Same  subject. — How  votes  to  be 

sealed  up,  transmitted  and 
counted. 

4.  List  of  voters  to  be  kept.  (Ob- 

solete). 

5.  Ballots  for  Members  of  Assem- 

bly, how  counted. — Adjourn- 
ment of  elections,  when. 

6.  Of  voting  in  the  city  of  Provi- 

dence. 


Section 

7.  If  Governor  or  Lieutenant-Gov 

ernor  not  elected  by  people 
grand  committee  to  elect.- 
How. 

8.  In  case  general  officers  not  elect 

ed  by  people,  how  vacancle 
shall  be  filled. 

9.  Vacancies  in  Assembly,  ho\ 

filled. 

I 10.  Majority  required  to  elect. 

I ARTICLE  IX. 

Qualifications  of  Office. 

1.  Qualified  electors  only  eligible. 

2.  Conviction  of  bribery  a disquai 

ification. 

3.  Oath  of  general  officers. 

4.  Officers,  how  engaged. 

I 5.  How  oath  to  be  administered  t 
I Governor,  etc. 

I 6.  Holding  office  under  Unite 
States,  or  other  govemmen 
a disqualification  for  certai 
offices,  except,  etc. 

ARTICLE  X. 

Judiciary. 

1.  One  Supreme  Court.— Inf  eric 
courts,  how  established. 

2.  Jurisdiction  of  courts. — Cha: 
eery  powers. 

3.  Judges  of  Supreme  Court  to  1 
struct  jury. — To  give  opinion 
etc. 

4.  Of  election  and  tenure  of  offi 
of  judges  of  Supreme  Court- 

5.  Vacancies,  how  filled. 

6.  Compensation  of  judges. 

7.  Justices  of  the  peace  and  wa 
dens,  how  elected. — Their  jurl 
diction. 

ARTICLE  XI. 
Impeachments. 

1.  Impeachments,  how  ordered. 

2.  Impeachments,  how  tried. 

3.  What  officers  liable  to  Impeac 
ment. — Effect  of  conviction. 

ARTICLE  Xn. 
Education. 

1.  Duty  of  General  Assembly 
promote  schools,  etc. 


CONSTITUTION  OF  RHODE  ISLAND. 


279 


Section  i 

2.  The  permanent  school  fund.  ! 

3.  Donations  for  support  of  schools. 

4.  Power  of  General  Assembly- 

under  this  article. 

ARTICLE  XIIL 

Amendments. 

1.  Amendments,  how  proposed, 
how  voted  upon,  how  adopted. 

I 

ARTICLE  XIV.  I 

Adoption  of  Constitution.  j 

1.  Constitution,  when  to  go  into  | 

effect. — Its  effect  on  existing  i 
laws,  charters,  etc.  j 

2.  Former  debts,  etc.,  adopted.  ' 

3.  Jurisdiction  of  Supreme  Court. 

4.  Exemptions  of  New  Shoreham 

and  Jamestown  from  military  ! 
duty,  continued. 

amendments  to  the  CON-  I 
STITUTION. 

article  I, 

List  of  voters  for  general  of-  j 
fleers  no  longer  to  be  kept,  etc.  , 

ARTICLE  II. 

The  pardoning  power,  how  ex- 
ercised.  j 


ARTICLE  III. 

Sessions  of  the  General  Assem- 
bly. 

article  IV. 

Electors  absent  from  the  State 
in  the  military  service  of  the 
United  States  allowed  to  vote. 

ARTICLE  V. 

Manufacture  and  sale  of  intox- 
icating liquors  as  a beverage 
prohibited. 

ARTICLE  VI. 

Suffrage  granted  to  foreign-bom 
soldiers  and  sailors. 

ARTICLE  Vn. 

Suffrage  granted  to  foreign-bom 
citizens. 

ARTICLE  VIII. 

Article  V,  Prohibitory  Amend- 
ment, repealed. 

ARTICLE  IX. 

General  Assembly  to  provide  for 
the  creation  of  corporations. 

In  all  popular  elections  the  one 
having  the  largest  number  of 
votes  shall  be  elected. 


PREAMBLE. 

We,  the  people  of  the  State  of  Rhode  Island  and  Providence 
Plantations,  grateful  to  Almighty  God  for  the  civil  and  relig- 
ious liberty  which  He  hath  so  long  permitted  us  to  enjov,  and 
looking  to  Him  for  a blessing  upon  our  endeavors  to  secure 
and  to  transmit  the  same  unimpaired  to  succeeding  genera- 
tions, do  ordain  and  establish  this  Constitution  of  govern- 
ment. 


ARTICLE  I. 

Declarahon  of  Certain  Constitutional  Rights  and  Privileges. 

In  order  effectually  to  secure  the  religious  and  political  free- 
dom established  by  our  venerated  ancestors,  and  to  preserve  the 
same  for  our  posteritj-,  we  do  declare  that  the  essential  and 
unquestionable  rights  and  principles  hereinafter  mentioned  shaQ 


280 


CONSTITUTION  OF  RHODE  ISLAND. 


be  established,  maintained  and  preserved,  and  shall  be  of  para- 
mount obligation  in  all  legislative,  judicial  and  executive  pro- 
ceedings. 

Section  1.  In  the -words  of  the  Father  .of  his, ..Country,  we 
declare  that  ‘Hhe  basis  of  our  political  systems , is  . the  right  of 
the  people  to  make  and  alter  their  constitutions  of  government; 
but  that  the  Constitution  which  at  any  time  exists,  till  changed 
by  an  explicit  and  authentic  act  of  the  whole  people,  is  sacredly 
obligatory  upon  all.” 

Sec.  2.  All  free  governments  are  instituted  for  the  protec- 
tion, safety  and  happiness  of  the  people.  All  laws,  therefore, 
should  be  made  for  the  good  of  the  whole;  and  the  burdens  of 
the  State  ought  to  be  fairly  distributed  among  its  citizens. 

Sec.  3.  Whereas,  Almighty  God  hath  created  the  mind  free; 
and  all  attempts  to  influence  it  by  temporal  punishments  or 
burdens,  or  by  civil  incapacitations,  tend  to  beget  habits  of 
liypocrisy  and  meanness;  and  whereas  a principal  object  of  our  : 
venerable  ancestors,  in  their  migration  to  this  country  and  their  -i 
settlement  of  this  State,  was,  as  they  expressed  it,  to  hold  forth 
a lively  experiment,  that  a flourishing  civil  State  may  stand  and  ,j 
be  best  maintained  with  full  liberty  in  religious  concernments:  'i 
We,  therefore,  declare  that  no  man  shall  be  compelled  to  frequent  ,, 
or  to  support  any  religious  worship,  place  or  ministry  whatever,  n 
except  in  fulfillment  of  his  own  voluntary  contract;  nor  enforced, 
restrained,  molested  or  burdened  in  his  body  or  goods;  nor  dis- 
qualified from  holding  any  office;  nor  otherwise  suffer  on  account 
of  his  religious  belief;  and  that  every  man  shall  be  free  to  wor- 
ship  God  according  to  the  dictates  of  his  own  conscience,  and  j 
to  profess  and  by  argument  to  maintain  his  opinion  in  matters 
of  religion ; and  that  the  same  shall  in  no  wise  diminish,  enlarge  | 
or  affect  his  civil  capacity.  I 

Sec.  4.  Slavery  shall  not  be  permitted  in  this  State. 

Sec.  5.  Every  person  within  this  State  ought  to  find  a certain 
remedy,  by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs 
which  he  may  receive  in  his  person,  property  or  characte’r.  He 
ought  to  obtain  right  and  justice  freely  and  without  purchase, 
completely  and  without  denial;  promptly  and  without  delay; 
conformably  to  the  laws. 

Sec.  6.  The  right  of  the  people  to  be  secure  in  their  persons, 
papers  and  possessions,  against  unreasonable  searches  and  seiz-  i 
ures,  shall  not  be  violated;  and  no  warrant  shall  issue,  but  on 


CONSTITUTION  OF  KHODE  ISLAND. 


281 


complaint,  in  writing,  upon  probable  cause,  supported  by  oath' 
or  affirmation,  and  describing  as  nearly  as  may  be,  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 

Sec.  7.  No  person  shall  be  held  to  answer  for  a capital  or 
other  infamous  crime,  unless  on  presentment  or  indictment  by  a 
grand  jury,  except  in  cases  of  impeachment,  or  of  such  offenses 
as  are  cognizable  by  a justice  of  the  peace;  or  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public  danger.  No  person  shall,  after 
an  acquittal,  be  tried  for  the  same  offense. 

Sec.  8.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted;  and  all  pimish- 
ments  ought  to  be  proportioned  to  the  ofl:ense. 

Sec.  9.  All  persons  imprisoned  ought  to  be  bailed  by  suffi- 
cient surety,  unless  for  offenses  punishable  by  death  or  by 
imprisonment  for  life,  when  the  proof  of  guilt  is  evident  or  the 
presumption  great.  The  privilege  of  the  writ  of  habeas  corpus 
shaU  not  be  suspended,  unless  when  in  cases  of  rebellion  or 
invasion  the  public  safety  shall  require  it;  nor  ever  without  the 
authority  of  the  General  Assembly. 

Sec.  10.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a speedy  and  public  trial,  by  an  impartial  jury;  to  be 
informed  of  the  nature  and  cause  of  the  accusation,  to  be  con- 
fronted -with  the  witnesses  against  him,  to  have  compulsory 
process  for  obtaining  them  in  his  favor,  to  have  the  assistance  of 
counsel  in  his  defense,  and  shall  be  at  liberty  to  speak  for  him- 
self; nor  shall  he  be  deprived  of  life,  liberty  or  property,  unless 
by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

Sec.  11.  The  person  of  a debtor,  when  there  is  not  strong 
presumption  of  fraud,  ought  not  to  be  continued  in  prison,  after 
he  shall  have  delivered  up  his  property  for  the  benefit  of  his 
creditors,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  12.^  No  ex  post  facto  law%  or  law^  impairing  the  obligation 
of  contracts,  shall  be  passed. 

Sec.  13.  No  man  in  a court  of  common  law  shall  be  com- 
pelled to  give  evidence  criminating  himself. 

Sec.  14.  Every  man  being  presumed  innocent,  until  he  is 
pronounced  guilty  by  the  law,  no  act  of  severit}^  which  is  not 
necessary  to  secure  an  accused  person  shall  be  permitted. 

Sec.  15.  The  right  of  trial  by  jury  shall  remain  inviolate. 


282 


CONSTITUTION  OF  KHODE  ISLAND. 


Sec.  IG.  Private  property  shall  not  he  taken  for  public  uses, 
without  just  compensation. 

Sec.  17.  The  people  shall  continue  to  enjoy  and  freely  exer- 
cise all  the  rights  of  fishery,  and  the  privileges  of  the  shore,  to 
which  they  have  been  heretofore  entitled  under  the  charter  and 
usages  of  the  State.  But  no  new  right  is  intended  to  be  granted, 
nor  any  existing  right  impaired  by  this  declaration. 

Sec.  18.  The  military  shall  be  held  in  strict  subordination  to 
the  civil  authority.  And  the  law  martial  shall  be  used  and 
exercised  in  such  cases  only  as  occasion  shall  necessarily  require. 

Sec.  19.  No  soldier  shall  be  quartered  in  any  house,  in  time 
of  peace,  without  the  consent  of  the  owner;  nor,  in  time  of  war, 
but  in  a manner  to  be  prescribed  by  law. 

Sec.  20.  The  liberty  of  the  press  being  essential  to  the 
security  of  freedom  in  a State,  any  person  may  publish  his  senti- 
ments on  anj^  subject,  being  responsible  for  the  abuse  of  that 
liberty;  and  in  all  trials  for  libel,  both  civil  and  criminal,  the 
truth,  unless  published  from  malicious  motives,  shall  be  sufficient 
defense  to  the  person  charged. 

Sec.  21.  The  citizens  have  a right  in  a peaceable  manner  to 
assemble  for  their  common  good,  and  to  apply  to  those  invested 
with  the  powers  of  government,  for  redress  of  grievances,  or  for 
other  purposes,  by  petition,  address  or  remonstrance. 

Sec.  22.  The  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

Sec.  28.  The  enumeration  of  the  foregoing  rights  shall  not 
be  construed  to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  II. 

Qualifications  of  Electors. 

Section  1.  Every  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  who  has  had  his  residence  and  home  in 
this  State  for  one  year,  and  in  the  town  or  city  in  which  he  may 
claim  a right  to  vote,  six  months  next  preceding  the  time  of 
voting,  and  who  is  really  and  truly  possessed  in  his  owm  right 
of  real  estate  in  such  town  or  city  of  the  value  of  one  hundred 
and  thirty-four  dollars  over  and*  above  all  incumbrances,  or 
W’hich  shall  rent  for  seven  dollars  per  annum  over  and  above  any 
rent  reserved  or  the  interest  of  any  incumbrances  thereon, 
being  an  estate  in  fee  simple,  fee  tail,  for  the  life  of  any  person, 
or  an  estate  in  reversion  or  remainder,  which  qualifies  no  other 


CONSTITUTIOX  OF  KHODE  ISLAND. 


283 


person  to  vote,  the  conveyance  of  which  estate,  if  by  deed,  shall 
have  been  recorded  at  least  ninety  days,  shall  thereafter  have  a 
right  to  vote  in  the  election  of  all  civil  officers  and  on  all  ques- 
tions in  all  legal  town  or  ward  meetings  so  long  as  he  continues 
so  qualified.  And  if  any  person  hereinbefore  described  shall  own 
any  such  estate  within  .this  State  out  of  the  town  or  city  in 
W'hich  he  resides,  he  shall  have  a right  to  vote  in  the  election 
of  all  general  officers  and  members  of  the  General  Assembly  in 
the  town  or  city  in  wffiich  he  shall  have  had  his  residence  and 
home  for  the  term  of  six  months  next  preceding  the  election, 
upon  producing  a certificate  from  the  clerk  of  the  town  or  city 
in  which  his  estate  lies,  bearing  date  within  ten  days  of  the  time 
of  his  voting,  setting  forth  that  such  person  has  a sufficient 
estate  therein  to  qualify  him  as  a voter;  and  that,  the  deed,  if 
any,  has  been  recorded  ninety  days. 

Sec.  2.  Every  male  native  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  w'ho  has  had  his  residence  and  home  in 
this  State  two  years,  and  in  the  town  or  city  in  which  he  may 
offer  to  vote,  six  months  next  preceding  the  time  of  voting,  whose 
name  is  registered  pursuant  to  the  act  calling  the  convention  to 
frame  this  Constitution,  or  shall  be  registered  in  the  office  of  the 
clerk  of  such  towm  or  city  at  least  seven  days  before  the  time  he 
shall  offer  to  vote,  and  before  the  last  day  of  December  in  the 
present  year;  and  who  has  paid  or  shall  pay  a tax  or  taxes 
assessed  upon  his  estate  within  this  State,  and  within  a year  of 
the  time  of  voting,  to  the  amount  of  one  dollar,  or  who  shall 
voluntarily  pay,  at  least  seven  days  before  the  time  he  shall 
offer  to  vote,  and  before  said  last  day  of  December,  to  the  clerk 
or  treasurer  of  the  town  or  city  where  he  resides,  the  sum  of  one 
dollar,  or  such  sum  as  with  his  other  taxes  shall  amount  to  one 
dollar,  for  the  support  of  public  schools  therein,  and  shall  make 
proof  of  the  same,  by  the  certificate  of  the  clerk,  treasurer  or 
collector  of  any  town  or  city  where  such  payment  is  made;  or 
who,  being  so  registered,  has  been  enrolled  in  any  military  com- 
pany in  this  State,  and  done  military  service  or  duty  therein, 
within  the  present  year,  pursuant  to  law^,  and  shall  (until  other 
proof  is  required  by  law)  prove  by  the  certificate  of  the  officer 
legally  commanding  the  regiment,  or  chartered,  or  legally  author- 
ized volunteer  company  in  which  he  may  have  served  or 
done  duty,  that  he  has  been  equipped  and  done  duty  accord- 
ing to  law,  or  by  the  certificate  of  the  commissioners  upon 


284 


CONSTITUTION  OF  RHODE  ISLAND. 


military  claims,  that  he  has  performed  military  service, 
shall  have  a right  to  vote  in  the  election  of  all  civil  officers, 
and  on  all  questions  in  all  legally  organized  town  or  ward  meet- 
ings, until  the  end  of  the  first  year  after  the  adoption  of  this 
Constitution,  or  until  the  end  of  the  year  eighteen  hundred  and 
forty-three. 

From  and  after  that  time,  every  such  citizen  who  has  had  the 
residence  herein  required,  and  whose  name  shall  be  registered 
in  the  town  where  he  resides,  on  or  before  the  last  day  of 
December,  in  the  year  next  preceding  the  time  of  his  voting,  and 
who  shall  show  by  legal  proof  that  he  has  for  and  within  the 
year  next  preceding  the  time  he  shall  offer  to  vote,  paid  a tax  or 
taxes  assessed  against  him  in  any  town  or  city  in  this  State,  to 
the  amount  of  one  dollar,  or  that  he  has  been  enrolled  in  a 
military  company  in  this  State,  been  equipped  and  done  duty 
therein  according  to  law,  and  at  least  for  one  day  during  such 
year,  shall  have  a right  to  vote  in  the  election  of  all  civil  officers, 
and  on  all  questions,  in  all  legally  organized  town  or  ward  meet- 
ings: Provided,  That  no  person  shall  at  any  time  be  allowed 
to  vote  in  the  election  of  the  city  council  of  the  city  of  Provi- 
dence, or  upon  any  proposition  to  impose  a tax,  or  for  the  expen- 
diture of  money  in  any  town  or  city,  unless  he  shall  within  the 
year  next  preceding  have  paid  a tax  assessed  upon  his  property 
therein,  valued  at  least  at  one  hundred  and  thirty-four  dollars. 

Sec.  3.  The  assessors  of  each  town  or  city  shall  annually 
assess  upon  every  person  whose  name  shall  be  registered  a tax 
of  one  dollar,  or  such  sum  as  with  his  other  taxes  shall  amount 
to  one  dollar,  which  registry  tax  shall  be  paid  into  the  treasury 
of  such  town  or  city,  and  be  applied  to  the  support  of  public 
schools  therein;  but  no  compulsory  process  shall  issue  for  the 
collection  of  any  registry  tax:  Provided,  That  the  registry  tax 

of  every  person  who  has  performed  military  duty  according  to 
the  provisions  of  the  preceding  section  shall  be  remitted  for  the 
year  he  shall  perform  such  duty;  and  the  registry  tax  assessed 
upon  any  mariner,  for  any  year  while  he  is  at  sea,  shall,  upon 
his  application,  be  remitted;  and  no  person  shall  be  allowed  to 
vote  whose  registry  tax  for  either  of  the  two  years  next  preced- 
ing the  time  of  voting  is  not  paid  or  remitted  as  herein  pro- 
vided. 

Sec.  4.  No  person  in  the  military,  naval,  marine  or  any  other 
service  of  the  United  States  shall  be  considered  as  having  the 


CONSTITUTION  OF  RHODE  ISLAND. 


285 


required  residence  by  reason  of  being  employed  in  any  garrison, 
barrack  or  military  or  naval  station  in  this  State;  and  no 
pauper,  lunatic,  person  non  compos  mentis,  person  under  guar- 
dianship, or  member  of  the  Narragansett  tribe  of  Indians,  shall 
be  permitted  to  be  registered  or  to  vote.  Nor  shall  any  person 
convicted  of  bribery,  or  of  any  crime  deemed  infamous  at  com- 
mon law,  be  permitted  to  e>.ercise  that  privilege,  until  he  be 
expressly  restored  thereto  by  act  of  the  General  Assembly. 

Sec.  5.  Persons  residing  on  lands  ceded  by  this  State  to  the 
United  States  shall  not  be  entitled  to  exercise  the  privilege  of 
electors. 

Sec.  6.  The  General  Assembly  shall  have  full  power  to  pro- 
vide for  a registry  of  voters,  to  prescribe  the  manner  of  conduct- 
ing the  elections,  the  form  of  certificates,  the  nature  of  the 
evidence  to  be  required  in  case  of  a dispute  as  to  the  right  of  any 
person  to  vote,  and  generally  to  enact  all  laws  necessary  to  carry 
this  article  into  effect,  and  to  prevent  abuse,  corruption  and 
fraud  in  voting. 

ARTICLE  HI.  ; 

Of  the  Distribution  of  Powers.  . ' 

The  powers  of  the  government  shall  be  distributed  into  three 
departments,  the  legislative,  executive  and  judicial. 

ARTICLE  IV; 

Of  the  Legislative  Power. 

Section  1.  This  Constitution  shall  be  the  supreme  law  of  the 
State,  and  any  law  inconsistent  therewith  shall  be  void.  The 
General  Assembly  shall  pass  all  laws  necessary  to  carry  this 
Constitution  into  effect. 

Sec.  2.  The  legislative  power,  under  this  Constitution,  shall 
be  vested  in  two  houses,  the  one  to  be  called  the  Senate,  the 
other  the  House  of  Representatives;  and  both  together  the 
General  Assembly.  The  concurrence  of  the  two  houses  shall  be 
necessary  to  the  enactment  of  laws.  The  style  of  their  laws 
shall  be,  It  is  enacted  by  the  General  Assembly  as  follows:”. 

Sec.  3.  , There  shall  be  two  sessions  of  the  General  Assembly 
holden  annually;  one  at  Newport,  on  the  first  Tuesday  of  May, 
for  the  purpose  of  election  and  other  business;  the  other  on  the 
last  Monday  of  October,  which  last  session  shall  be  holden  at 
South  Kingstown  once  in  two  vears,"  and  the  intermediate  years 


28f> 


CONSTITUTION  OF  EHODE  ISLAND. 


alternately  at  Bristol  and  East  Greenwich;  and  an  adjournment 
from  the  October  session  shall  be  holden  annually  at  Providence. 

Sec.  4.  No  member  of  the  General  Assembly  shall  take  any 
fee,  or  be  of  counsel,  in  any  case  pending  before  either  house  of 
the  General  Assembly,  under  penalty  of  forfeiting  his  seat,  upon 
proof  thereof  to  the  satisfaction  of  the  house  of  which  he  is  a 
member. 

Sec.  5.  The  person  of  every  member  of  the  General  Assembly 
shall  be  exempt  from  arrest,  and  his  estate  from  attachment  in 
any  civil  action,  during  the  session  of  the  General  Assembly, 
and  two  days  before  the  commencement  and  two  days  after  the 
termination  thereof,  and  all  process  served  contrary  hereto  shall 
be  void.  For  any  speech  in  debate  in  either  house,  no  member 
shall  be  questioned  in  any  other  place. 

Sec.  6.  Each  house  shall  be  the  judge  of  the  elections  and 
qualifications  of  its  members;  and  a majority  shall  constitute  a 
quorum  to  do  business;  but  a smaller  number  may  adjourn  from 
day  to  day,  and  may  compel  the  attendance  of  absent  members 
in  such  manner,  and  under  such  penalties,  as  may  be  prescribed 
by  such  house  or  by  law.  Th  organization  of  the  two  houses 
may  be  regulated  by  law,  subject  to  the  limitations  contained  in 
this  Constitution.  ^ 

Sec.  7.  Each  house  may  determine  its  rules  of  proceeding, 
punish  contempts,  punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a member;  but 
not  a second  time  for  the  same  cause. 

Sec.  8.  Each  house  shall  keep  a journal  of  its  proceedings. 
The  yeas  and  nays  of  the  members  of  either  house  shall,  at  the 
desire  of  one-fifth  of  those  present,  be  entered  on  the  journal. 

Sec.  9.  Neither  house  shall,  during  a session,  without  the 
consent^ of  the  other,  adjourn, for  more  than  two  days,  nor  to 
any  other  place  than  that  in  which  they  may  be  sitting. 

Sec.  10.  The  General  Assembly  shall  continue  to  exercise  the 
powers  they  have  heretofore  exercised,  unless  prohibited  in  this 
Constitution. 

Sec.  11.  The  Senators  and  Representatives  shall  receive  the 
Slim  of  one  doUar  for  every  day  of  attendance,  and  eight  cents 
per  mile  for  traveling  expenses  in  going  to  and  returning  from 
the  General  Assembly.  The  General  Assembly  shall  regulate 
the  compensation  of  the  Governor,  and  all  other  officers,  subject 
to  the  limitations  contained  in  this  Constitution. 


CONSTITUTION  OF  KHODE  ISLAND. 


287 


Sec.  12.  All  lotteries  shall  hereafter  be  prohibited  in  this 
State,  except  those  already  authorized  by  the  General  Assembly. 

Sec.  13.  The  General  Assembly  shall  have  no  power,  here- 
after, without  the  express  consent  of  the  people,  to  incur  State 
debts  to  an  amount  exceeding  fifty  thousand  dollars,  except  in 
time  of  war,  or  in  case  of  insurrection  or  invasion;  nor  shall 
they  in  any  case,  without  such  consent,  pledge  the  faith  of  the 
State  for  the  payment  of  the  obligations  of  others.  This  section 
shall  not  be  construed  to  refer  to  any  money  that  may  be 
deposited  with  this  State  by  the  government  of  the  United 
States. 

Sec.  14.  The  assent  of  two-thirds  of  the  members  elected  to 
each  house  of  the  General  Assembly  shall  be  required  to  every 
bill  appropriating  the  public  money  or  property  for  local  or 
private  purposes. 

Sec.  15.  The  General  Assembly  shall,  from  time  to  time,  pro- 
vide for  making  new  valuations  of  property,  for  the  assessment 
of  taxes,  in  such  manner  as  they  may  deem  best.  A new 
estimate  of  such  property  shall  be  taken  before  the  first  direct 
State  tax,  after  the.  adoption  of  this  Constitution,  shall  be 
assessed. 

Sec.  16.  The  General  Assembly  may  provide  by  law  for  the 
continuance  in  office  of  any  officers  of  annual  election  or  appoint- 
ment, until  other  persons  are  qualified  to  take  their  places. 

Sec.  17.  Hereafter,  when  any  bill  shall  be  presented  to  either 
house  of  the  General  Assembly,  to  create  a corporation  for  any 
other  than  for  religious,  literary  or  charitable  purposes,  or  for  a 
military  or  fire  company,  it  shall  be  continued  until  another 
election  of  members  of  the  General  Assembly  shall  have  taken 
place,  and  such  public  notice  of  the  pendency  thereof  shall  be 
given  as  may  be  required  by  law. 

Sec.  18.  It  shall  be  the  duty  of  the  two  houses,  upon  the 
request  of  either,  to  join  in  grand  committee  for  the  purpose  of 
electing  Senators  in  Congress,  at  such  times  and  in  such  manner 
as  may  be  prescribed  by  law  for  said  elections. 

ARTICLE  Y. 

Of  the  House  of  Representatives. 

Section  1.  The  House  of  Representatives  shall  never  exceed 
seventy-two  members,  and  shall  be  constituted  on  the  basis  of 
population,  always  allowing  one  Representative  for  a fraction 


288 


CONSTITUTION  OF  RHODE  ISLAND. 


exceeding  one-half  the  ratio;  hut  each  town  or  city  shall  always 
be  entitled  to  at  least  one  member;  and  no  town  or  city,  shall 
have  more  than  one-sixth  of  the  whole  number  of  members  to 
which  the  house  is  hereby  limited.  The  present  ratio  shall  be 
one  Representative  to  every  fifteen  hundred  and  thirty  inhabi- 
tants, and  the  General  Assembly  may,  after  any  new  census 
taken  by  the  authority  ,of  the  United  States  or  of  this  State, 
reapportion  the  representation  by  altering  the  ratio;  but  no 
town  or  city  shall  be  divided  into  districts  for  the  choice  of 
Representatives. 

Sec.  2.  The  House  of  Representatives  shall  have  authority 
to  elect  its  speaker,  clerks  and  other  officers.  The  senior  member 
from  the  town  of  Newport,  if  any  be  present,  shall  preside  in  the 
organization  of  the  house.  ' 

ARTICLE  VI. 

Of  the  Senate.  / 

Section  1.  The  Senate  shall  consist  of  the  Lieutenant-Gover- 
nor and  of  one  Senator  from  each  town  or  city  in  the  State.  ' 

Sec.  2.  The  Governor,  and  in  his  absence  the  Lieutenant- 
Governor,  shall  preside  in  the  Senate  and  in  grand  committee.' 
The  presiding  officer  of  the  Senate  and  grand  committee  shall 
have  a right  to  vote  in  case  of  equal  division,  but  not  otherwise. 

y t 

Sec.  3.  If,  by  reason  of  death,  resignation,  absence,  or  other 
cause,  there  be  no  Governor  or  Lieutenant-Governor  present, 
to  preside  in  the  Senate,  the  Senate  shall  elect  one  of  their  own 
members  to  preside  during  such  absence  or  vacancy;  and  until 
such  election  is  made  by  the  Senate,  the  Secretary  of  State 
shall  preside. 

Sec.  4.  The  Secretary  of  State  shall,  by  virtue  of  his  office, 
be  secretary  of  the  Senate,  unless  otherwise  provided  by  law, 
and  the  Senate  may  elect  such  other  officers  as  they  may  deem 

necessary.  , 

ARTICLE  Vn. 

Of  the  Executive  Power. 

Section  1.  The  chief  executive  power  of  this  State  shall  be 
vested  in  a Governor,  who,  together  with  a Lieutenant-Governor, 
shall  be  annually  elected  by  the  people. 

Sec.  2.  The  Governor  shall  take  care  that  the  laws  be  faith* 
fuRy  executed. 


CONSTITUTION  OF  RHODE  ISLAND. 


289 


Sec.  3.  He  shall  be  Captain-General  and  Cominander-in-Chief 
of  the  military  and  naval  forces  of  the  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States. 

Sec.  4.  ' He  shall  have  power  to  grant  reprieves  after  convic- 
tion, in  all  cases  except  those  of  impeachment,  until  the  end  of 
the  next  session  of  the  General  Assembly. 

Sec.  5.  He  shall  fill  vacancies  in  office  not  otherwise  provided 
for  by  this  Constitution  or  by  law,  until  the  same  shall  be  filled 
by  the  General  Assembly,  or  by  the  people. 

Sec.  6.  In  case  of  disagreement  between^  the  two  houses  cf 
the  General  Assembly,  respecting  the  time  or  place  of  adjourn- 
ment, certified  to  him  by  either,  he  may  adjourn  them  to  such 
time  and  place  as  he  shall  think  proper:  Provided,  That  the 

time  of  adjournment  shall  not  be  extended  beyond  the  day  of 
the  next  stated  session. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly  at  any  town  or  city  in  this  State,  at  any  time 
not  provided  for  by  law;  and  in  case  of  danger  from  the  preva- 
lence of  epidemic  or  contagious  disease,  in  the  place  in  which  the 
General  Assembly  are  by  law  to  meet,  or  to  which  they  may 
have  been  adjourned,  or  for  other  urgent  reasons,  he  may  by 
proclamation  convene  said  assembly  at  any  other  place  within 
this  State.  f I ■ ij 

Sec.  8.  All  commissions  shall  be  in  the  name  and  by  authority 
of  the  State  of  Rhode  Island  and  Providence  Plantations;  shall 
be  sealed  with  the  State  seal,  signed  by  the  Governor,  and 
attested  by  the  Secretary. 

Sec.  9.  In  case  of  vacancy  in  the  office  of  Governor,  or  of  his 
inability  to  serve,  impeachment  or  absence  from  the  State,  the 
Lieutenant-Governor  shall  fill  the  office  of  Governor,  and  exercise 
the  powers  and  authority  appertaining  thereto,  until  a Governor 
is  qualified  to  act  or  until  the  office  is  filled  at  the  next  annual 
election. 

Sec.  10.  If  the  offices  of  Governor  and  Lieutenant-Governor 
be  both  vacant,  by  reason  of  death,  resignation,  impeachment, 
absence  or  otherwise,  the  person  entitled  to  preside  over  the 
Senate  for  the  time  being  shall  in  like  manner  fill  the  office  of 
Governor  during  such  absence  or  vacancy. 

Sec.  11.  The  compensation  of  the  Governor  and  Lieutenant- 
Governor  shall  be  established  by  law,  and  shall  not  be  dimin- 
ished during  the  term  for  which  they  are  elected. 

19 


290 


CONSTITUTION  OF  KHODE  ISLAND. 


Sec.  12.  The  duties  and  powers  of  the  Secretary,  Attorney- 
General  and  General  Treasurer  shall  be  the  same  under  this 
Constitution  as  are  now  established,  or  as  from  time  to  time 
may  be  prescribed  by  law. 

ARTICLE  VIII. 


Of  Elections. 


Section  1.  The  Governor,  Lieutenant-Governor,  Senators, 
Representatives,  Secretary  of  State,  Attorney-General  and 
General  Treasurer  shall  bo  elected  at  the  town,  city  or  ward 
meetings,  to  be  holden  on  the  first  Wednesday  of  April,  annually; 
and  shall  severally  hold  their  oflices  for  one  year,  from  the  first 
Tuesday  of  May  next  succeeding,  and  until  others  are  legally 
chosen,  and  duly  qualified  to  fill  their  places.  If  elected  or 
qualified  after  the  said  first  Tuesday  of  May,  they  shall  hold 
their  offices  for  the  remainder  of  the  political  year,  and  until 
their  successors  are  qualified  to  act. 

Sec.  2.  The  voting  for  Governor,  Lieutenant-Governor,  Secre- 
tary  of  State,  Attorney-General,  General  Treasurer  and  Repre-  ■ 
sentative  to  Congress  shall  be  by  ballot;  Senators  and  Repre-  | 
sentatives  to  the  General  Assembly,  and  town  or  city  officers, 
shall  be  chosen  by  ballot,  on  demand  of  any  seven  persons  . 
entitled  to  vote  lor  the  same;  and  in  all  cases  where  an  election  , 
is  made  by  ballot  or  paper  vote,  the  manner  of  balloting  shall 
be  the  same  as  is  now  required  in  voting  for  general  officers,  ' 


until  otherwise  prescribed  by  law. 

Sec  3 The  names  of  the  persons  voted  for  as  Governor,  Lieu- 
tenant-Governor, Secretary  of  State,  Attorney-General  and  Gene- 
ral Treasurer  shall  be  placed  upon  one  ticket;  and  aU  votes  for 


these  ofiicers  shall,  in  open  town  or  ward  meetings,  be  sealed  up  i 


bv  the  moderators  and  town  clerks  and  by  the  wardens  and 
ward  clerks,  who  shall  certify  the  same  and  deliver  or  send  them 
to  the  Secretary  of  State;  whose  duty  it  shall  be  securely  o 
keep  and  deliver  the  same  to  the  grand  committee,  after  the 
organization  of  the  two  houses  at  the  annual  May  session;  and 
it  shall  be  the  duty  of  the  two  houses  at  said  session,  after  their 
organization,  upon  the  request  of  either  house,  to  join  in  grand 
committee,  for  the  purpose  of  counting  and  declaring  said  vo  es, 
and  of  electing  other  officers. 

Sec.  4.  The  town  and  ward  clerks  shall  also  keep  a corre 
list  or  register  of  all  persons  voting  for  general  officers,  and  shall 


CONSTITUTIOX  OF  RHODE  ISLAND. 


291 


transmit  a copy  thereof  to  the  General  Assembly  on  or  before 
the  first  day  of  said  May  session. 

Sec.  5.  The  ballots  for  Senators  and  Representatives  in  the 
several  towns  shall,  in  each  case,  after  the  polls  are  declared 
to  be  closed,  be  counted  by  the  moderator,  who  shall  announce 
the  result,  and  the  clerk  shall  give  certificates  to  the  persons 
elected.  If  in  any  case  there  be  no  election,  the  polls  may  be 
reopened,  and  the  like  proceedings  shall  be  had  until  an  election 
shall  take  place:  Provided,  however.  That  an  adjournment  or 

adjournments  of  the  election  may  be  made  to  a time  not  exceed- 
ing seven  days  from  the  first  meeting. 

Sec.  6.  In  the  city  -of  Providence,  the  polls  for  Senator  and 
Representatives  shall  be  kept  open  during  the  whole  time  of 
voting  for  the  day,  and  the  votes  in  the  several  wards  shall  be 
sealed  up  at  the  close  of  the  meeting  by  the  wardens  and  ward 
clerks  in  open  ward  meeting,  and  afterwards  delivered  to  the 
city  clerk.  The  mayor  and  aldermen  shall  proceed  to  count  said 
votes  within  two  days  from  the  day  of  election ; and  if  no  election 
of  Senator  and  Representatives,  or  if  an  election  of  only  a por- 
tion of  the  Representatives  shall  have  taken  place,  the  mayor 
and  aldermen  shall  order  a new^  election,  to  be  held  not  more 
than  ten  days  from  the  day  of  the  first  election,  and  so  on  until 
the  election  shall  be  completed.  Certificates  of  election  shall  be 
furnished  by  the  city  clerk  to  the  persons  chosen. 

Sec.  7.  If  no  person  shall  have  a majority  of  votes  for  Gover- 
nor, it  shall  be  the  duty  of  the  grand  committee  to  elect  one 
by  ballot  from  the  two  persons  having  the  highest  number  of 
votes  for  the  office,  except  when  such  a result  is  produced  by 
rejecting  the  entire  vote  of  any  towm,  city  or  ward  for  infor- 
mality or  illegality,  in  wffiich  case  a new  election  by  the  electors 
throughout  the  State  shall  be  ordered;  and  in  case  no  person 
shall  have  a majority  of  votes  for  Lieutenant-Governor,  it  shall  be 
the  duty  of  the  grand  committee  to  elect  one  by  ballot  from  the 
two  persons  having  the  highest  number  of  votes  for  the  office. 

Sec.  8.  In  case  an  election  of  the  Secretary  of  State,  Attor- 
ney-General, or  General  Treasurer,  should  fail  to  be  made  by 
the  electors  at  the  annual  election,  the  vacancy  or  vacancies 
shall  be  filled  by  the  General  Assembly  in  grand  committee,  from 
the  two  candidates  for  such  office  having  the  greatest  number 
of  votes  of  the  electors.  Or,  in  case  of  a vacancy  in  either  of  said 
offices  from  other  causes,  between  the  sessions  of  the  General 


292 


CONSTITUTION  OF  KHODE  ISLAND. 


Assembly,  the  Gr<fvernor  shall  appoint  some  person  to  fill  the 
same  until  a successor  elected  by  the  Oeneral  Assembly  is 
qualified  to  act;  and  in  such  case,  and  also  in  all  other  cases 
of  vacancies  not  otherwise  provided  for,  the  General  Assembly 
may  fill  the  same  in  any  manner  they  may  deem  proper. 

Sec.  9.  Vacancies  from  any  cause  in  the  Senate  or  House  of 
Kepresentatives  may  be  filled  by  a new  election. 

Sec.  10.  In  all  elections  held  by  the  people  under  this  Con- 
stitution, a majority  of  all  the  electors  voting  shall  be  necessary 
to  the  election  of  the  persons  voted  for. 

ARTICLE  IX. 

Of  Qualifications  for  Office. 

Section  1.  No  person  shall  be  eligible  to  any  civil  office 
(except  the  office  of  school  committee),  unless  he  be  a qualified 
elector  for  such  office. 

Sec.  2.  Every  person  shall  be  disqualified  from  holding  any 
office  to  which  he  may  have  been  elected,  if  he  be  convicted  of 
having  offered  or  procured  any  other  person  to  offer,  any  bribe 
to  secure  his  election,  or  the  election  of  any  other  person. 

Sec.  3.  All  general  officers  shall  take  the  following  engage- 
ment before  they  act  in  their  respective  offices,  to  wit:  You 

being  by  the  free  vote  of  the  electors  of  this 
State  of  Rhode  Island  and  Providence  Plantations,  elected  unto 
the  place  of  do  solemnly  sw^ear  (or  affirm)  to 

be  true  and  faithful  unto  this  State,  and  to  support  the  Consti- 
tution of  this  State  and  of  the  United  States;  that  you  will  faith- 
fully and  impartially  discharge  all  the  duties  of  your  aforesaid 
office  to  the  best  of  my  abilities,  according  to  law  : So  help  you 
God.  Or,  this  affirmation  you  make  and  give  upon  the  peril  of 
the  penalty  of  perjury. 

Sec.  4.  The  members  of  the  General  Assembly,  the  judges  of 
all  the  courts,  and  all  other  officers,  both  civil  and  military,  shall 
be  bound  by  oath  or  affirmation  to  support  this  Constitution,  and 
the  Constitution  of  the  United  States. 

Sec.  5.  The  oath  or  affirmation  shall  be  administered  to  the 
Governor,  Lieutenant-Governor,  Senators  and  Representatives,  by 
the  Secretary  of  State,  or,  in  his  absence,  by  the  Attorney- 
General.  The  Secretary  of  State,  Attorney-General  and  General 
Treasurer  shall  be  engaged  by  the  Governor,  or  by  a justice  of  the 
Supreme  Court 


CONSTITUTION  OF  KHODE  ISLAND. 


293 


Sec.  6.  No  person  holding  any  office  under  the  government  of 
the  United  States,  or  of  any  other  State  or  country,  shall  act 
as  a general  officer,  or  as  a member  of  the  General  Assembly, 
unless  at  the  time  of  taking  his  engagement  he  shall  have 
resigned  his  office  under  such  government;  and  if  any  general 
officer,  Senator,  Representative  or  judge  shall,  after  his  election 
and  engagement,  accept  any  appointment  under  any  other  gov- 
ernment, his  office  under  this  shall  be  immediately  vacated;  but 
this  restriction  shall  not  apply  to  any  person  appointed  to  take 
depositions  or  acknowledgment  of  deeds,  or  other  legal  instru- 
ments, by  the  authority  of  any  other  State  or  county. 

ARTICLE  X. 

Of  the  Judicial  Potoer. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  General 
Assembly  may,  from  time  to  time,  ordain  and  establish. 

Sec.  2.  The  several  courts  shall  have  such  jurisdiction  as  may 
from  time  to  time  be  prescribed  by  law\  Chancery  powers  may 
be  conferred  on  the  Supreme  Court,  but  on  no  other  court  to  any 
greater  extent  than  is  now  provided  by  law. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall,  in  all  trials, 
instruct  the  jury  in  the  law.  They  shall  also  give  their  written 
oj)inion  upon  any  question  of  law  whenever  requested  by  the 
Governor,  or  by  either  house  of  the  General  Assembly. 

Sec.  4.  The  judges  of  the  Supreme  Court  shall  be  elected  by 
the  two  houses  in  grand  committee.  Each  judge  shall  hold  his 
office  until  his  place  be  declared  vacant  by  a resolution  of  the 
General  Assembly  to  that  effect;  which  resolution  shall  be  voted 
for  by  a majority  of  all  the  members  elected  to  the  house  in 
w hich  it  may  originate,  and  be  concurred  in  by  the  same  majority 
of  the  other  house.  Such  resolution  shall  not  be  entertained  at 
any  other  than  the  annual  session  for  the  election  of  public 
officers;  and  in  default  of  the  passage  thereof  at  said  session, 
the  judge  shall  hold  his  place  as  is  herein  provided.  But  a judge 
of  any  court  shall  be  removed  from  office  if,  upon  impeachment, 
he  shall  be  found  guilty  of  any  official  misdemeanor. 

Sec.  5.  In  case  of  vacancy  by  death,  resignation,  removal  from 
the  State  or  from  office,  refusal  or  inability  to  serve,  of  any 
judge  of  the  Supreme  Court,  the  office  may  be  filled  by  the 


294 


CONSTITUTION  OF  KHODE  ISLAND. 


grand  committee,  until  the  next  annual  election,  and  the  judge 
then  elected  shall  hold  his  office  as  before  provided.  In  cases  of 
impeachment  or  temporary  absence,  or  inability,  the  Governor 
may  appoint  a person  to  discharge  the  duties  of  the  office  during 
the  vacancy  caused  thereby. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  receive  a com- 
pensation for  their  services,  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Sec.  7.  The  towns  of  New  Shoreham  and  Jamestown  may 
continue  to  elect  their  wardens  as  heretofore.  The  other  towns 
and  the  city  of  Providence  may  elect  such  number  of  justices  of 
the  peace,  resident  therein,  as  they  may  deem  proper.  The 
jurisdiction  of  said  justices  and  wardens  shall  be  regulated  by 
law.  The  justices  shall  be  commissioned  by  the  Governor. 

ARTICLE  XI. 

Of  Imjpeachments. 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  A vote  of  two-thirds  of  all  the  members 
elected  shall  be  required  for  an  impeachment  of  the  Governor. 
'Any  officer  impeached  shall  thereby  be  suspended  from  office  until 
judgment  in  the  case  shall  have  been  pronounced. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate;  and 
when  sitting  for  that  purpose,  they  shall  be  under  oath  or  affir- 
mation. No  person  shall  be  convicted  except  by  vote  of  two- 
thirds  of  the  members  elected.  When  the  Governor  is  impeached, 
the  chief  or  presiding  justice  of  the  Supreme  Court,  for  the  time 
being,  shall  preside,  with  a casting  vote  in  all  preliminary  ques- 
tions. 

Sec.  3.  The  Governor  and  all  other  executive  and  judicial 
officers  shall  be  liable  to  impeachment;  but  judgment  in  such 
cases  shall  not  extend  further  than  to  removal  from  office.  The 
person  convicted  shall,  nevertheless,  be  liable  to  indictment,  trial, 
and  punishment,  according  to  law. 

ARTICLE  Xn. 

Of  Education. 

Section  1.  The  diffusion  of  knowledge,  as  well  as  of  virtue, 
among  the  people,  being  essential  to  the  preservation  of  their 
rights  and  liberties,  it  shall  be  the  duty  of  the  General  Assembly 


CONSTITUTION  OF  KHODE  ISLAND. 


295 


to  promote  public  schools,  and  to  adopt  all  means  which  they 
may  deem  necessary  and  proper  to  secure  to  the  people  the 
advantages  and  opportunities  of  education. 

Sec.  2.  The  money  which  now  is  or  which  may  hereafter  be 
appropriated  by  law  for  the  establishment  of  a permanent  fund 
for  the  support  of  public  schools,  shall  be  securely  invested,  and 
remain  a perpetual  fund  for  that  purpose. 

Sec.  3.  All  donations  for  the  support  of  public  schools,  or  for 
other  purposes  of  education,  which  may  be  received  by  the 
General  Assembly,  shall  be  applied  according  to  the  terms  pre- 
scribed by  the  donors. 

Sec.  4.  The  General  Assembly  shall  make  ail  necessary  pro- 
visions by  law  for  carrying  this  article  into  eifect.  They  shall 
not  divert  said  money  or  fund  from  tlm  aforesaid  uses,  nor  bor- 
row, appropriate,  or  use  the  same,  or  any  part  thereof,  for  an}^ 
other  purpose,  under  any  pretense  whatsoever. 

ARTICLE  XIII. 

Of  Amendments. 

The  General  Assembly  may  propose  amendments  to  this  (.Con- 
stitution by  the  votes  of  a majority  of  all  the  members  elected  to 
each  house.  Such  propositions  for  amendment  shall  be  pub- 
lished in  the  newspapers,  and  printed  copies  of  them  shall  be 
sent  by  the  Secretary  of  State,  with  the  names  of  all  the  members 
who  shall  have  voted  thereon,  with  the  yeas  and  nays,  to  all  the 
town  and  city  clerks  in  the  State.  The  said  propositions  shall  be, 
by  said  clerks,  inserted  in  the  warrants  or  notices  by  them  issued, 
for  warning  the  next  annual  town  and  ward  meetings  in  April; 
and  the  clerks  shall  read  said  propositions  to  the  electors  when 
thus  assembled,  with  the  names  of  all  the  Representatives  and 
Senators  who  shall  have  voted  thereon,  with  the  yeas  and  nays, 
before  the  election  of  Senators  and  Representatives  shall  be  had. 
If  a majority  of  all  the  members  elected  to  each  house,  at  said 
annual  meeting,  shall  approve  any  proposition  thus  made,  the 
same  shall  be  published  and  submitted  to  the  electors  in  the 
mode  provided  in  the  act  of  approval;  and  if  then  approved  by 
three-fifths  of  the  electors  of  the  State  present  and  voting  thereon 
in  town  and  ward  meetings,  it  shall  become  a part  of  the  Con- 
stitution of  the  State. 


296 


CONSTITUTION  OF  KHODE  ISLAND. 


ARTICLE  XIV. 

Of  the  Adoption  of  the  Constitution. 

Section  1.  This  Constitution,  if  adopted,  shall  go  into  opera- 
tion on  the  first  Tuesday  of  May,  in  the  year  one  thousand  eight 
hundred  and  forty-three.  The  first  election  of  Governor,  Lieuten- 
ant-Governor, Secretary  of  State,  Attorney-General  and  General 
Treasurer,  and  of  Senators  and  Representatives  under  said 
Constitution,  shall  be  had  on  the  first  Wednesday  of  April  next 
preceding,  by  the  electors  qualified  under  said  Constitution. 
And  the  town  and  ward  meetings  therefor  shall  be  warned  and 
conducted  as  is  now  provided  by  law.  All  civil  and  military 
officers  now  elected,  or  who  shall  hereafter  be  elected,  b}^  the 
General  Assembly,  or  other  competent  authority,  before  the  said 
first  Wednesday  of  April,  shall  hold  their  offices  and  may  exer- 
cise their  powers  until  the  said  first  Tuesday  of  May,  or  until 
their  successors  shall  be  qualified  to  act.  All  statutes,  public  and 
private,  not  repugnant  to  this  Constitution,  shall  continue  in 
force  until  they  expire  by  their  own  limitation,  or  are  repealed  by 
the  General  Assembly.  All  charters,  contracts,  judgments, 
actions  and  rights  of  action  shall  be  valid  as  if  this  Constitution 
had  not  been  made.  The  present  government  shall  exercise  all 
the  powers  with  which  it  is  now  clothed,  until  the  said  first 
Tuesday  of  May,  one  thousand  eight  hundred  and  forty-three, 
and  until  the  government  under  this  Constitution  is  duly 
organized. 

Sec.  2.  All  debts  contracted  and  engagements  entered  into, 
before  the  adoption  of  this  Constitution,  shall  be  valid  against 
the  State  as  if  this  Constitution  had  not  been  adopted. 

Sec.  3.  The  Supreme  Court,  established  by  this  Constitution, 
shall  have  the  same  jurisdiction  as  the  Supreme  Judicial  Court 
at  present  established,  and  shall  have  jurisdiction  of  all  causes 
which  may  be  appealed  to,  or  pending  in  the  same;  and  shall  be 
held  at  the  same  times  and  places,  and  in  each  county,  as  the 
present  Supreme  Judicial  Court,  until  otherwise  prescribed  by 
the  General  Assembly. 

Sec.  4.  The  towns  of  New  Shoreham  and  Jamestown  shall 
continue  to  enjoy  the  exemption  from  military  duty  which  they 
now  enjoy,  until  otherwise  prescribed  by  law. 


CONSTITUTION  OF  KHODE  ISLAND. 


297 


Done  in  convention,  at  East  Greenwich,  this  fifth  day  of 
November,  A.  D.  one  thousand  eight  hundred  and  forty-two. 

JAMES  FENNEK, 

President. 

HENRY  Y.  CRANSTON, 
Vice-President. 

THOMAS  A.  JENCKES, 

WALTER  W.  UPDIKE, 

Secretaries. 

AMENDMENTS. 

ARTICLE  I. 

It  shall  not  be  necessary  for  the  town  or  ward  clerks  to  keep 
and  transmit  to  the  General  Assembly  a list  or  register  of  all 
persons  voting  for  general  officers;  but  the  General  Assembly 
shall  have  power  to  pass  such  laws  on  the  subject  as  they  may 
deem  expedient. 

ARTICLE  II. 

The  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  hereafter  exclusively  exercise  the  pardoning  power,  except 
in  cases  of  impeachment,  to  the  same  extent  as  such  power  is 
now  exercised  by  the  General  Assembly. 

ARTICLE  III. 

There  shall  be  one  session  of  the  General  Assembly,  holden 
annually,  commencing  on  the  last  Tuesday  in  May,  at  Newport, 
and  an  adjournment  from  the  same  shall  be  holden  annually  at 
Providence. 

Adopted  November,  1854. 

ARTICLE  IV. 

Electors  of  this  State  who,  in  time  of  war,  are  absent  from  the 
State,  in  the  actual  military  service  of  the  United  States,  being 
otherwise  qualified,  shall  have  a right  to  vote  in  all  elections  in 
the  State  for  electors  of  President  and  Vice-President  of  the 
United  States,  Representatives  in  Congress,  and  general  officers 
of  the  State.  The  General  Assembly  shall  have  full  power  to  pro- 
vide by  law  for  carrying  this  article  into  effect;  and  until  such 
provision  shall  be  made  by  law,  every  such  absent  elector  on  the 
day  of  such  elections,  may  deliver  a written  or  printed  ballot, 
with  the  names  of  the  persons  voted  for  thereon,  and  his  Christian 


298 


CONSTITUTION  OF  KHODE  ISLAND. 


and  surname,  and  his  voting  residence  in.  the  State,  written  at 
length  on  the  hack  thereof,  to  the  officer  commanding  the  regi- 
ment or  company  to  which  he  belongs;  and  all  such  ballots, 
certified  by  such  commanding  officer  to  have  been  given  by  the 
elector  whose  name  is  written  thereon,  and  returned  by  such 
commanding  officer  to  the  Secretary  of  State  within  the  time 
prescribed  by  law  for  counting  the  votes  in  such  elections,  shall 
be  received  and  counted  with  the  same  effect  as  if  given  by  such 
elector  in  open  town,  ward,  or  district  meeting;  and  the  clerk  of 
each  town  or  city,  until  otherwise  provided  by  law,  shall,  within 
five  days  after  any  such  election,  transmit  to  the  Secretary  of 
State  a certified  list  of  the  names  of  all  such  electors  on  their 
respective  voting  lists. 

Adopted  August,  1864. 

ARTICLE  V. 

The  manufacture  and  sale  of  intoxicating  liquors  to  be  used 
as  a beverage  shall  be  prohibited.  The  General  Assembly  shall 
provide  by  law  for  carrying  this  article  into  effect. 

ARTICLE  VI. 

All  soldiers  and  sailors  of  foreign  birth,  citizens  of  the  United 
States,  who  served  in  the  army  or  navy  of  the  United  States 
from  this  State  in  the  late  civil  war,  and  who  were  honorably 
discharged  from  such  service,  shall  have  the  right  to  vote  on  all 
questions  in  all  legally  organized  town,  district  or  ward  meet- 
ings, upon  the  same  conditions  and  under  and  subject  to  the 
same  restrictions  as  native  born  citizens. 

Adopted  April  7,  1886 

ARTICLE  VII. 

Section  1.  Every  male  citizen  of  the  United  States  of  the 
age  of  twenty-one  years,  who  has  had  his  residence  and  home  in 
this  State  for  two  years,  and  in  the  town  or  city  in  which  he  may 
offer  to  vote  six  months  next  preceding  the  time  of  his  voting, 
and  whose  name  shall  be  registered  in  the  town  or  city  where  he 
resides  on  or  before  the  last  day  of  December,  in  the  year  next 
preceding  the  time  of  his  voting,  shall  have  a right  to  vote  in 
the  election  of  all  civil  officers  and  on  all  questions  in  all  legally 
organized  town  or  ward  meetings:  Provided,  That  no  person 

shall  at  any  time  be  allowed  to  vote  in  the  election  of  the  city 


CONSTITUTION  OF  EHODE  ISLAND. 


299’ 


council  of  any  city,  or  upon  any  proposition  to  impose  a tax,  or 
for  the  expenditure  of  money  in  any  town  or  city,  unless  he  shall 
within  the  year  next  preceding  have  paid  a tax  assessed  upon 
his  property  therein,  valued  at  least  at  one  hundred  and  thirty- 
four  dollars. 

Sec.  2.  The  assessors  of  each  town  and  city  shall  annually 
assess  upon  every  person,  who,  if  registered,  would  be  qualified 
to  vote,  a tax  of  one  dollar,  or  such  sum  as  with  his  other  taxes 
shall  amount  to  one  dollar,  which  tax  shall  be  paid  into  the 
treasury  of  such  town  or  city  and  be  applied  to  the  support  of 
public  schools  therein:  Provided,  That  such  tax  assessed  upon 
any  person  who  has  performed  military  duty,  shall  be  remitted 
for  the  year  he  shall  perform  such  duty;  and  said  tax  assessed 
upon  any  mariner  for  any  year  while  he  is  at  sea,  or  upon  any 
person  who  by  reason  of  extreme  poverty  is  unable  to  pay  said 
tax,  shall  upon  application  of  such  mariner  or  person,  be 
remitted.  The  General  Assembly  shall  have  power  to  provide  by 
law  for  the  collection  and  remission  of  said  tax. 

Sec.  3.  This  amendment  shall  take  in  the  Constitution  of  the 
State,  the  place  of  sections  2 and  3 of  article  n,  “ Of  the  Quali- 
fication of  Electors,’^  which  said  sections  are  hereby  annulled. 

Adopted  April  4,  1888. 

ARTICLE  Vni. 

Article  V of  the  amendments  to  the  Constitution  of  this  State 
is  hereby  annulled. 

Adopted  June  20,  1889. 

ARTICLE  IX. 

Section  1.  Hereafter  the  General  Assembly  may  provide  by 
general  law  for  the  creation  and  control  of  corporations:  Pro- 
vided, however,  That  no  corporation  shall  be  created  with  the 
power  to  exercise  the  right  of  eminent  domain,  or  to  acquire 
franchises  in  the  streets  and  highways  of  towns  and  cities,  except 
by  special  act  of  the  General  Assembly  upon  a petition  for  the 
same,  the  pendency  whereof  shall  be  notified  as  may  be  required 
by  law. 

Sec.  2.  This  amendment  shall  take  in  the  Constitution  of 
the  State  the  place  of  section  17  of  article  IV,  Of  the  Legisla- 
tive Power,”  and  shall  be  deemed  to  be  in  amendment  of  said 
section  and  article. 

Adopted  November  8, 1892. 


300 


CONSTITUTION  OF  KHODE  ISLAND. 


ARTICLE  X. 

Section  1.  In  all  elections  held  by  the  people  for  State,  city, 
town,  ward  or  district  officers,  the  person  or  candidate  receiving 
the  largest  number  of  votes  cast  shall  be  declared  elected. 

Sec.  2.  This  amendment  shall  take  in  the  Constitution  of  the 
State  the  place  of  section  10  of  article  VIII,  ^^Of  Elections,” 
which  said  section  is  hereby  annulled. 

Adopted  November  28,  1893. 


CONSTITUTION 

OF  THE 


STATE  OF  SOUTH  CAROLINA. 


CONSTITUTION  OF  STATU  OF  SOUTH  CAROLINA. 


ARTICLES. 

lArticle 

1.  Declaration  of  rights. 

2.  Legislative  department. 

3.  Executive  department. 

4.  Judicial  department. 

5.  Jurisprudence. 

6.  Eminent  domain. 

7.  Impeachments. 

8.  Right  of  suffrage. 

9.  Finance  and  taxation. 

10.  Education. 

11.  Charitable  and  penal  institu- 

tions. 

12.  Corporations. 

13.  Militia. 

14.  Miscellaneous. 

15.  Amendment  and  revision  of  the 

Constitution. 

16.  Amendments. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  equal  and  have  the 

right  of  defending  their  lives 
and  liberties  and  of  acquiring 
property. 

2.  Slavery  and  involuntary  servi- 

tude, except  as  a punishment 
for  crime,  prohibited. 

3.  All  political  power  is  vested  In 

the  people. 

4.  Paramount  allegiance  to  the 

Constitution  and  government 
of  the  United  States. 

5.  This  State  shall  ever  remain  a 

member  of  the  American 
Union. 

6.  The  people  have  the  right  to  as- 

semble peaceably  to  consult 
for  the  common  good. 

7.  Freedom  of  speech  and  of  the 

press. 

8.  In  prosecutions  for  libel  the 

truth  may  be  given  in  evi- 
dence- 


I Section 

I 9.  Freedom  of  religious  worship. 

I 10.  There  shall  be  no  established 
i religion. — Laws  shall  be 

passed  to  protect  religious  de- 
^ nominations, 

i 11.  The  right  of  trial  by  jury  shall 
remain  inviolate. 

12.  Personal  rights. 

13.  Rights  of  accused  persons. — Not 

compelled  to  testify  against 
himself. 

14.  Ex  post  facto  laws  prohibited. 

15.  All  courts  shall  be  public  and 

justice  shall  be  administered 
without  delay. 

16.  Right  of  bail. — Excessive  shall 

not  be  required  nor  cruel  pun- 
ishments inflicted. 

17.  The  privilege  of  the  writ  of 

habeas  corpus. 

18.  No  one  shall  be  twice  put  in 

jeopardy  for  the  same  offense. 

19.  All  offenses*  less  than  felony.— 

How  tried. — No  person  shall . 
be  held  to  answer  for  any 
higher  crime  unless  on  pre- 
sentment of  a grand  jury. 

20.  No  imprisonment  for  debt. 

21.  Obligations  of  contracts.— No 

conviction  shall  work  corrup- 
tion of  blood,  etc. 

22.  Unreasonable  searches  and  seiz- 

ures prohibited. 

23.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

24.  The  laws  shall  not  be  suspended 

except  by  the  General  Assem- 
bly. 

25.  Only  those  in  the  army  or  navy 

shall  be  subject  to  martial  law. 

26.  The  legislative,  executive  and 

judicial  powers  of  the  govern- 
ment shall  be  separate  and 
distinct. 


304 


CONSTITUTION  OF  SOUTH  CAKOLINA 


Section 

27.  Redress  of  grievances. 

28.  The  people  have  the  right  to 

bear  arms  for  the  common  de- 
fense.— The  military  subordi- 
nate to  the  civil  authority. 

29.  In  time  of  peace  soldiers  may 

not  be  quartered  in  any  house 
without  the  consent  of  the 
owner. 

30.  No  person  with  scruples  against 

bearing  arms  shall  be  com- 
pelled to  do  so. 

31.  All  elections  shall  be  free  and 

open. 

32.  No  property  qualifications  nec- 

essary for  an  election  or  to 
hold  office. — Any  person  who 
shall  fight  a duel  shall  be  de- 
barred from  holding  office. 

33.  Right  of  suffrage. 

34.  Apportionment  of  representa- 

tion.— No  person  shall  be  dis- 
franchised except  by  law. 

35.  Temporary  absence  from  the 

State  shall  not  forfeit  resir 
dence. 

36.  Taxation  of  property. — Right  of 

life,  liberty  and  property. 

37.  Impost  taxes  and  duties  shall 

not  be  established  without  the 
consent  of  the  people. 

38.  Excessive  fines  and  cruel  punish- 

ment prohibited,  nor  shall  wit- 
nesses be  unnecessarily  de- 
tained. 

89.  Titles  of  nobility  and  distinctions 
of  race  and  color  prohibited. 

40.  All  navigable  waters  shall  re- 

main forever  public  highways. 

41.  The  enumeration  of  rights  in 

this  Constitution  shall  not  im- 
pair others  retained  by  the 
people. 

ARTICLE  II. 

Legislative  Department. 

1.  The  legislative  power  of  the 

State  shall  be  vested  in  the 
Senate  and  House  of  Repre- 
sentatives. 

2.  Representatives. — How  chosen. 


Section 

3.  Judicial  districts. 

4.  House  of  Representatives  shall 

consist  of  124  members. 

6.  Assignment  of  Representatives. 

7.  When  to  take  effect. 

8.  The  Senate. — Number  of. — Term 

of  office. 

9.  They  Shall  be  divided  into  two 

classes. 

10.  To  be  eligible  as  a Senator  or 

Representative. 

11.  The  first  election  for  Senators 

and  Representatives. 

12.  Time  of  meeting  of  the  Gen- 

eral Assembly. 

13.  When  term  of  office  begins. 

14.  Each  house  shall  judge  of  the 

election  and  qualifications  of 
its  own  members. — A majority 
shall  constitute  a quorum. 

15.  Each  house  shall  determine  its 

own  rules  and  punish  its  mem- 
bers. 

16.  Each  house  may  punish  per- 

sons not  members,  etc. 

17.  Members  to  have  certain  priv- 

ileges. 

18.  Bills  for  raising  revenue  shall 

originate  in  the  House  of 
Representatives. 

19.  The  style  of  the  laws. 

20.  But  one  subject,  which  shall  be 

expressed  in  the  title. 

21.  Bills  to  be  read  three  times. — 

Must  be  signed  by  the  Presi- 
dent of  the  Senate  and  Speaker 
of  the  House.' 

22.  No  money  to  be  drawn  from 

the  treasury  but  by  appro- 
priation. 

23.  Pay  of  members. 

24.  In  all  elections  by  the  General 

Assembly  the  vote  shall  be 
viva  voce. 

25.  Neither  house  mny  adjourn  for 

more  than  three  days. 

26.  Each  house  shall  keep  a jour- 

nal. 

27.  The  doors  of  each  house  shall  be 

open. 


CONSTITUTION  OF  SOUTH  CAliOLlNA. 


305 


Section 

28.  No  person  shall  be  eligible  to 

the  General  Assembly  who 
holds  any  other  office  of  profit, 
etc. 

29.  Failure  to  elect. — 'Refusal  to 

qualify. — Writs  of  election. 

30.  Oath  of  office. 

31.  Cause  of  removal  from  office-. 

32.  The  homestead  of  the  head  of 

the  family  exempt  from  at- 
tachment. 

33.  Taxes  on  property,  real  and  per- 

sonal. 

ARTICLE  III. 

Executice  Department. 

1.  The  supreme  executive  author- 

ity is  vested  in  the  Governor.  I 

2.  The  manner  of  electing  the 

Governor. — -Term  of  office  two  | 
years.— 'May  be  re-elected. 

3.  To  be  eligible  to  the  office  of 

Governor. 

4.  The  returns  of  election  of  Gov- 

ernor.—!The  person  having 
highest  number  of  votes  elect- 
ed.— ^In  case  of  tie. — 'Contested  j 
elections. 

5.  Election  of  Lieutenant-Governor. 

— President  of  the  Senate. 

6.  He  shall  only  vote  in  case  of  tie. 

7.  The  Senate  shall  choose  a Presi- 

dent pro  tern. 

8.  Vacation  of  seats. 

9.  When  the  duties  of  Governor 

shall  devolve  on  Lieutenant- 
Governor. 

10.  The  Governor  shall  be  Com- 

mander-in^hief  of  the  militia. 

11.  Pardoning  power  vested  in  the 

Governor. 

12.  He  shall  see  that  the  laws  are  ' 

executed . 

13.  Compensation  of  Governor  and 

Lieutenant-Governor. — ^It  shall  | 
not  be  increased  nor  dimin-  j 
ished . I 

14.  Executive  officers  to  report  to  j 

the  Governor.  { 

15.  The  Governor’s  message.  ! 

16.  He  may  on  extraordinary  occa-  ‘ 

20 


Section 

sions  convene  the  General  As- 
sembly. 

17.  He  shall  commission  officers. 

18.  Seal  of  State. 

19.  Grants  and  commissions. — 'How 

issued. 

20.  Oath  of  office. 

21.  Residence  of  Governor. 

22.  Bills  which  have  passed  the 

General  Assembly  to  be  signed 
by  the  Governor. — ^He  may 
sign  or  veto. — May  be  passed 
over  his  veto. 

23.  Comptroller-General,  Treasurer, 

Secretary  of  State. — Term  of 
office,  duties  and  compensation 
prescribed  by  law. 

ARTICLE  IV. 

Judicial  Department . 

1.  The  judicial  powder  of  the  State 

is  vested  in  the  Supreme  and 
certain  other  courts. 

2.  The  Supreme  Court. — Number  of 

judges. — Quorum. — ^How  elec- 
ted.— Term  of  office  six  years. 
— To  be  classified. 

3.  The  Chief  Justice  and  associ- 

ates.— Their  terms. 

4.  The  Supreme  Court  shall  have 

appellate  jurisdiction. 

5.  Sessions  of  the  same. 

6.  No  judge  shall,  if  interested,  etc. 

7.  The  judge  of  said  court  shall 

appoint  a reporter  and  clerk. 

8.  When  a judgment  or  decree  is 

reversed . 

9.  Compensation  of  judges  of  Su- 

preme and  Circuit  Courts. — 
Not  to  have  fees  nor  hold  any 
other  office. 

10.  To  be  eligible  as  judge  of  Su- 

preme and  Circuit  Courts. 

11.  Vacancies. — How  filled. 

12.  Decisions. — Concurrence  of  two 

judges  necessary. 

13.  The  State  to  be  divided  into 

Circuits. 

14.  Interchanging. 

16.  Court  of  Common  Pleas. — Its 
terms  and  jurisdiction. 


306 


CONSTITUTION  OF  SOUTH  CAROLINA. 


Section  ; 

17.  Preservation  of  records. 

18.  Jurisdiction  of  Court  of  General 

Session.  • 

19.  Repealed. 

20.  Probate  Court. — Its  jurisdiction.  [ 

21.  Justices  of  the  peace. — Term  of 

ofRce  two  years.  i 

22.  Jurisdiction  of  the  same.  | 

23.  Powers  of  the  same.  ! 

24.  Right  of  appeal. 

25.  Judges  of  Probate. — County  com-  j 

missioners.  — Justices  of  the  | 
peace  and  constables,  their  | 
compensation.  | 

26.  How  judges  shall  charge  juries,  j 

27.  Clerks  of  courts. 

28.  Attorney-General. — His  election,  j 

— Duties. — Term  of  office  and  [ 
compensation. 

29.  Solicitors.— Their  election.— Term  ' 

of  office  and  compensation.  | 

30.  Sheriffs  and  coroners,  term  of  j 

office  four  years.  ! 

31.  Writs  and  processes. 

32.  Decisions  of  the  Supreme  Court. 

33.  The  fourteenth  article  of  amend- 

ment of  the  United  States  i 
Constitution  shall  be  ratified. 

34.  Slave  contracts  void. 

ARTICLE  V. 

Jurisprudence. 

1.  Differences  may  be  decided  by 

arbitrators. 

2.  The  General  Assembly  shall  pass 

all  laws  necessary  for  the 
change  of  venue. 

3.  Codification  of  the  laws. 

ARTICLE  VI. 

Eminent  Domain. 

1.  The  State  shall  have  concurrent 

jurisdiction  on  all  rivers  bor- 
dering on  the  State. 

2.  Land  titles. 

3.  Ultimate  right  of  property. 

ARTICLE  VII. 

Impeachment. 

1.  The  sole  power  of  impeachment 
is  vested  in  the  House  of  Rep- 
resentatives. 


Section 

2.  Impeachments  shall  be  tried  by 

the  Senate. 

3.  All  executive  officers  liable.— 

Judgment  not  to  extend  be- 
yond removal  from  office. 

4.  Causes  of  impeachment. 

ARTICLE  VIII. 

.Hight  of  Suffrage. 

1.  Popular  elections  shall  be  by 

ballot. 

2.  Qualifications  of  electors. 

3.  Registration  of  electors. 

4.  Residence  not  lost  by  reason  of 

absence  in  the  service  of  the 
United  States. 

5.  Soldiers  and  seamen  not  deemed 

residents  by  reason  of  being 
stationed  in  this  State. 

6.  Electors  exempted  from  arrest. 

7.  Electors  eligible  for  any  office. 

8.  Those  deprived  of  the  right  of 

suffrage. 

9.  Presidential  electors. 

10.  The  person  receiving  the  highest 

number  of  votes  elected. 

11.  The  term  of  residence  necessary 

to  hold  office  not  applicable  to, 
etc. 

12.  Former  slaves  not  disfranchised. 

ARTICLE  IX. 

Finance  and  Taxation. 

1.  Assessment  and  taxation. 

2.  Poll  tax. 

3.  An  annual  tax  sufficient  to  de- 

fray the  expenses  of  the  State 
shall  be  provided  for. 

4.  The  object  of  a tax  to  be  stated. 

5.  Public,  charitable  and  certain 

other  institutions  to  be  ex- 
empted from  taxation. 

6.  Valuation  and  assessment  of 

lands. 

7.  The  State  may  contract  public 

debts  for  extraordinary  ex- 
penditures. 

8.  Municipal  taxation. 

9.  Incorporation  of  cities  and 

towns. 

10.  Evidences  of  State  indebtedness. 

11.  A statement  of  receipts  and  ex- 

penditures to  be  published. 


CONSTITUTION  OF  SOUTH  CAROLINA. 


307 


Section 

12.  No  money  drawn  from  treasury 

but  by  appropriation. 

13.  The  fiscal  year  shall  commence 

on  November  first  of  each  year. 

14.  State  bonds. 

15.  State,  county  and  school  funds. 

16.  Secession  debts  shall  never  be 

paid. 

17.  Any  bonded  debt  contracted  by 

any  subdivision  of  the  State 
shall  never  exceed  eight  per 
centum,  etc. 

ARTICLE  X. 

Education. 

1.  Superintendent  of  Education. — 

His  election.— Powers,  duties, 
etc.,  to  be  defined  by  General 
Assembly. 

2.  School  commissioners. — Board  of 

education. 

3.  Free  schools  to  be  kept  at  least 

six  months  in  each  year. 

4 Compulsory  attendance. 

5.  Property  to  be  taxed  for  the 

support  of  schools. 

6.  A Normal  school  to  be  estab- 

lished. 

7.  Institutions  for  the  blind,  deaf 

and  dumb. 

8.  A reform  school  to  be  estab- 

lished. 

9.  wState  University  and  Agricultu- 

ral College. 

10.  Public  schools  open  to  all  with- 

out regard  to  race  or  color. 

11.  The  school  fund. 

ARTICLE  XI. 

Charitable  and  Penal  Institutions. 

1.  Institutions  for  the  deaf,  dumb, 

blind,  etc. 

2.  Directors  of  the  penitentiary. 

3.  Directors  of  benevolent  and 

other  State  institutions. 

4.  The  Governor  to  fill  vacancies. 

5.  Poor  laws. 

6.  Lunatic  asylum. 

ARTICLE  XII. 
Corporations. 

1.  They  may  be  formed  under 
general  laws. 


Section 

2.  Corporations  shall  be  taxed. 

3.  No  right  of  w^ay  shall  be  appro- 

priated without  full  compen- 
sation. 

4.  Dues  from  corporations. 

5.  The  personal  liberty  of  stock- 

holders to  be  fixed. 

6.  Charters  for  banking  purposes. 

ARTICLE  XIII. 

Militia. 

1.  To  consist  of  whom. 

2.  The  Governor  has  the  power  to 

call  them  out. 

3.  There  shall  be  an  Adjutant  and 

Inspector-General. 

ARTICLE  XIV. 

Miscellaneous. 

1.  Qualifications  for  office. 

2.  Lotteries  and  the  sale  of  tickets 

prohibited. 

3.  The  State  library. 

4.  Claims  against  the  State. 

5.  Divorces. 

6.  Disqualification  for  office. 

7.  Printing  for  the  General  As- 

sembly. 

8.  Woman’s  property. 

9.  Removal  of  causes. 

10.  Time  of  election  of  State  officers. 

ARTICLE  XV. 

Anioalnient  and  Eevision  of  the  Con- 
stitution. 

1.  Amendments  may  be  proposed 

in  either  house. 

2.  If  two  or  more  amendments 

shall  be  submitted  at  the  same 
time. 

3.  Constitutional  conventions. 

AMEN'DIMENTS. 

Article  XVI. 

Prohibiting  creation  of  debt 
without  consent  of  the  people. 
Amendment  to  Article  II,  Section  11. 
Changing  election  from  October 
to  November. 


308 


CONSTITUTION  OF  SOUTH  CAROLINA. 


Amendment  to  Article  III,  Sec- 
tion 23. 

Changing  term  of  office  of  cer- 
tain State  officers. 

Amendmieint  to  Article  II,  Sectioji  3. 

“Toxaway”  substituted  for  | 
“ 'White  Water.”  j 

Amendment  to  Article  X,  Section  ‘I.  I 
Tax  of  two  mills  for  public  j 
schools. 


j Amendment  to  Article  II,  Section  32. 

As  to  homestead,  amended. 

Amendment  to  Article  II,  Section  11. 

Biennial  elections  to  be  fixed  by 
Legislature. 

Amendment  to  Article  VIII,  Sec- 
tion 8. 

Burglary,  larceny,  perjury,  for- 
gery or  any  other  infamous 
crime  added  to  disqualifica- 
tions. 


PREAMBLE. 

We,  the  people  of  the  State  of  South  Carolina,  in  convention 
assembled,  grateful  to  Almighty  God  for  this  opportunity 
deliberately  and  peaceably  of  entering  into  an  explicit  and 
solemn  compact  with  each  other,  and  forming  a new  Constitu- 
tion of  civil  government  for  ourselves  and  posterity,  recogniz- 
ing the  necessity  of  the  protection  of  the  people  in  all  that  per- 
tains to  their  freedom,  safety  and  tranquillity,  and  imploring 
the  direction  of  the  Great  Legislator  of  the  Universe,  do  agree 
upon,  ordain  and  establish  the  following: 

ARTICLE  I. 

Declaration  of  Rights. 

Section  1.  All  men  are  born  free  and  equal  — endowed  by 
their  Creator  with  certain  inalienable  rights,  among  which  are 
the  rights  of  enjoying  and  defending  their  lives  and  liberties,  of 
acquiring,  possessing  and  protecting  property,  and  of  seeking 
and  obtaining  their  safety  and  happiness. 

Sec.  2.  Slavery  shall  never  exist  in  this  State;  neither  shall 
involuntary  servitude,  except  as  a punishment  for  crime,  whereof 
the  party  shall  have  been  duly  convicted. 

Sec.  3.  All  political  power  is  vested  in'  and  derived  from  the 
people  only;  therefore  they  have  the  right,  at  all  times,  to  modify 
their  form  of  government  in  such  manner  as  they  may  deem 
expedient,  when  the  public  good  demands. 

Sec.  4.  Every  citizen  of  this  State  owes  paramount  allegi- 
ance to  the  Constitution  and  government  of  the  United  States, 
and  no  law  or  ordinance  of  this  State  in  contravention  or  sub- 
version thereof  can  have  any  binding  force. 

Sec.  5.  This  State  shall  ever  remain  a member  of  the  Ameri- 
can Union,  and  all  attempts,  from  whatsoever  source,  or  upon 


CONSTITUTION  OF  SOUTH  C.\HOLINA. 


309 


whatever  pretext,  to  dissolve  the  said  union  shall  be  resisted 
with  the  whole  power  of  the  State. 

Sec.  6.  The  right  of  the  people  peaceably  to  assemble  to  con- 
sult for  the  common  good,  and  to  petition  the  government,  or 
any  department  thereof,  shall  never  be  abridged. 

Sec.  7.  All  persons  may  freely  speak,  write  and  publish  their 
sentiments  on  any  subject,  being  responsible  for  the  abuse  of 
that  right;  and  no  laws  shall  be  enacted  to  restrain  or  abridge 
the  liberty  of  speech  or  of  the  press. 

Sec.  8.  In  prosecutions  for  the  publication  of  papers  investi- 
gating the  ofiScial  conduct  of  officers  or  men  in  public  capacity, 
or  when  the  matter  published  is  propei*  for  public  information, 
the  truth  thereof  may  be  given  in  evidence;  and  in  all  indict- 
ments for  libel,  the  jury  shall  be  the  judges  of  the  law  and  the 
facts. 

No  person  shall  be  deprived  of  the  right  to  worship  God  accord- 
ing to  the  dictates  of  his  own  conscience:  Provided,  That  the 

liberty  of  conscience  hereby  declared  shall  not  justify  practices 
inconsistent  with  the  peace  and  moral  safety  of  society. 

Sec.  10.  No  form  of  religion  shall  be  established  by  law; 
but  it  shall  be  the  duty  of  the  General  Assembly  to  pass  suit- 
able laws  to  protect  every  religious  denomination  in  the  peace- 
able enjoyment  of  its  own  mode  of  worship. 

Sec.  11.  The  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  12.  No  person  shall  be  disqualified  as  a witness,  or  be 
prevented  from  acquiring,  holding  and  transmitting  property, 
or  be  hindered  in  acquiring  education,  or  be  liable  to  any  other 
punishment  for  any  offense,  or  be  subjected  in  law  to  any  other 
restraints  or  disqualifications,  in  regard  to  any  personal  rights, 
than  such  as  are  laid  upon  others  under  like  circumstances. 

Sec.  13.  No  person  shall  be  held  to  answer  for  any  crime  or 
offense  until  the  same  is  fully,  fairly,  plainly,  substantially  and 
formally  described  to  him;  or  be  compelled  to  accuse  or  furnish 
evidence  against  himself;  and  eA^ery  person  shall  have  a right 
to  produce  all  proofs  that  may  be  favorable  to  him,  to  meet  the 
witnesses  against  him  face  to  face,  to  haA^e  a speedy  and  public 
trial  by  an  impartial  jury,  and  to  be  fully  heard  in  his  defense 
by  himself  or  by  his  counsel,  or  by  both,  as  he  may  elect. 

Sec.  14.  No  person  shall  be  arrested,  imprisoned,  despoiled 
or  dispossessed  of  his  property,  immunities  or  privileges, 
put  out  of  the  protection  of  the  law,  exiled  or  deprived  of 


310 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


his  life,  liberty  or  estate,  but  by  the  judgment  of  his  peers  or 
the  law  of  the  land.  And  the  General  Assembly  shall  not  enact 
any  law  that  shall  subject  any  person  to  punishment  without 
trial  by  jury;  nor  shall  he  be  punished  but  by  virtue  of  a law 
already  established,  or  promulgated  prior  to  the  offense,  and 
legally  applied. 

Sec.  15.  All  courts  shall  be  public,  and  every  person,  for  any 
injury  that  he  may  receive  in  his  lands,  goods,  person  or  reputa- 
tion, shall  have  remedy  by  due  course  of  law,  and  justice  admin- 
istered without  unnecessary  delay. 

Sec.  16.  All  persons  shall,  before  conviction  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses  when  the  proof  is 
evident  or  the  presumption  great;  and  excessive  bail  shall  not, 
in  any  case,  be  required,  nor  corporal  punishment  inflicted. 

•Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  except  when,  in  case  of  insurrection,  rebellion  or 
invasion,  the  public  safety  may  require  it. 

Sec.  18.  No  person,  after  having  been  once  acquitted  by  a 
jury,  shall  again,  for  the  same  offense,  be  put  in  jeopardy  of  his 
life  or  liberty. 

Sec.  19.  All  offenses  less  than  felony,  and  in  which  the  punish- 
ment does  not  exceed  a fine  of  one  hundred  dollars,  or  imprison- 
ment for  thirty  days,  shall  be  tried  summarily  before  a justice 
of  the  peace,  or  other  officer  authorized  by  law,  on  information 
under  oath,  without  indictment  or  intervention  of  a grand  jury, 
saving  to  the  defendant  the  right  of  appeal;  and  no  person  shall 
be  held  to  answer  for  any  higher  crime  or  offense  unless  on  pre- 
sentment of  a grand  jury,  except  in  cases  arising  in  the  land  and 
naval  service,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger. 

Sec.  20.  No  person  shall  be  imprisoned  for  debt,  except  in 
cases  of  fraud;  and  a reasonable  amount  of  property,  as  a home- 
stead, shall  be  exempted  from  seizure  or  sale  for  the  payment 
of  any  debts  or  liabilities,  except  for  the  payment  of  such  obliga- 
tions as  are  provided  for  in  this  Constitution. 

Sec.  21.  No  bill  of  attainder,  ex  post  facto  law,  nor  any  law 
impairing  the  obligation  of  contracts,  shall  ever  be  enacted;  and 
no  conviction  shall  work  corruption  of  blood  or  forfeiture  of 
estate. 

Sec.  22.  All  persons  have  a right  to  be  secure  from  unreason- 
able searches  or  seizures  of  their  persons,  houses,  papers  or  pos- 


CONSTITUTION  OF  SOUTH  CAROLINA. 


311 


sessions.  All  warrants  shall  be  supported  by  oath  or  afiSrma- 
tion,  and  the  order  of  the  warrant  to  a civil  officer  to  make  search 
or  seizure  in  suspected  places,  or  to  arrest  one  or  more  suspected 
persons,  or  to  seize  their  property,  shall  be  accompanied  with  a 
special  designation  of  the  persons  or  objects  of  search,  arrest  or 
seizure;  and  no  warrant  shall  be  issued  but  in  the  cases  and 
with  the  formalities  prescribed  by  the  laws. 

Sec.  23.  Private  property  shall  not  be  taken  or  applied  for 
public  use,  or  for  the  use  of  corporations,  or  for  private  use,  with- 
out the  consent  of  the  owner  or  a just  compensation  being  made 
therefor:  Provided,  however.  That  laws  may  be  made  securing 

to  persons  or  corporations  the  right  of  way  over  the  lands  of 
either  persons  or  corporations,  and,  for  works  of  internal 
improvement,  the  right  to  establish  depots,  stations,  turnouts, 
etc.;  but  a just  compensation  shall,  in  all  cases,  be  first  made 
to  the  owner. 

Sec.  24.  The  power  of  suspending  the  laws,  or  the  execution 
of  the  laws,  shall  never  be  exercised  but  by  the  General  Assembly, 
or  by  authority  derived  therefrom,  to  be  exercised  in  such  particu- 
lar cases  only  as  the  General  Assembly  shall  expressly  provide 
for. 

Sec.  25.  No  person  shall,  in  any  case,  be  subject  to  martial 
law,  or  to  any  pains  or  penalties  by  virtue  of  that  law,  except 
those  employed  in  the  army  or  navy  of  the  United  States,  and 
except  the  militia  in  actual  service,  but  by  authority  of  the 
General  Assembly. 

Sec.  26.  In  the  government  of  this  Commonwealth,  the  Legis- 
lative, executive  and  judicial  powers  of  the  government  shall  be 
forever  separate  and  distinct  from  each  other,  and  no  person  or 
persons  exercising  the  functions  of  one  of  said  departments 
shall  assume  or  discharge  the  duties  of  any  other. 

•Sec.  27.  The  General  Assembly  ought  frequently  to  assemble 
for  the  redress  of  grievances,’ and  for  making  new  laws,  as  the 
common  good  may  require. 

Sec.  28.  The  people  have  a right  to  keep  and  bear  arms  for 
the  common  defense.  As  in  times  of  peace  armies  are  danger- 
ous to  liberty,  they  ought  not  to  be  maintained  without  the  con- 
sent of  the  General  Assembly.  The  military  power  ought  always 
to  be  held  in  an  exact  subordination  to  the  civil  authority  and 
be  governed  by  it. 


312 


CONSTITUTION  OF  SOUTH  CAROLINA. 


Sec.  29.  In  time  of  peace  no  soldier  shall  be  quartered  in  any 
house  without  the  consent  of  the  owner;  and  in  time  of  war 
such  quarters  shall  not  be  made  but  in  a manner  prescribed 
by  law. 

Sec.  30.  No  person  who  conscientiously  scruples  to  bear  arms 
shall  be  compelled  so  to  do,  but  he  shall  pay  an  equivalent  for 
personal  service. 

Sec.  31.  All  elections  shall  be  free  and  open,  and  every  inhab- 
itant of  this  commonwealth  possessing  the  qualifications  provided 
for  in  this  Constitution  shall  have  an  equal  right  to  elect  officers 
and  be  elected  to  fill  public  office. 

Sec.  32.  No  property  qualifications  shall  be  necessary  for  an 
election  to  or  the  holding  of  any  office,  and  no  office  shall  be 
created  the  appointment  to  which  shall  be  for  a longer  time  than 
good  behavior.  After  the  adoption  of  this  Constitution,  any  per- 
son who  shall  fight  a duel,  or  send  or  accept  a challenge  for  that 
purpose,  or  be  an  aider  or  abettor  in  fighting  a duel,  shall  be 
deprived  of  holding  any  office  of  honor  or  trust  in  this  State, 
and  shall  be  otherwise  punished  as  the  law  shall  prescribe. 

Sec.  33.  The  right  of  suffrage  shall  be  protected  by  laws 
regulating  elections,  and  prohibiting,  under  adequate  penalties, 
all  undue  influences  from  power,  bribery,  tumult  or  improper 
conduct. 

Sec.  34.  Re])resentation  shall  be  apportioned  according  to 
population,  and  no  person  in  this  State  shall  be  disfranchised 
or  deprived  of  any  of  the  rights  or  privileges  now  enjoyed,  except 
by  the  law  of  the  land  or  the  judgment  of  his  peers. 

Sec.  35.  Temporary  absence  from  the  State  shall  not  forfeit 
a residence  once  obtained. 

Sec.  30.  All  property  • subject  to  taxation  shall  be  taxed  in 
proportion  to  its  value.  Each  individual  of  society  has  a right 
to  be  i)rotected  in  the  enjoyment,  of  life,  liberty  and  property, 
according  to  standing  laws.  He  should,  therefore,  contribute 
his  share  to  the  expense  of  his  protection,  and  give  his  personal 
service  when  necessary. 

Sec.  37.  No  subsidy,  charge,  impost,  tax  or  duties  shall  be 
established,  fixed,  laid  or  levied,  under  any  pretext  whatsoever, 
without  the  consent  of  the  people,  or  their  representatives  law- 
fully assembled. 


CONSTITUTION  OF  SOUTH  CAROLINA. 


313 


Sec.  38.  Excessive  fines  shall  not  be  imposed,  nor  cruel  and 
imnsual  punishment  inflicted,  nor  shall  witnesses  be  unreason- 
ably detained. 

Sec.  39.  No  title  of  nobility  or  hereditarr  emolument  shall 
ever  be  granted  in  this  State.  Distinction  on  account  of  race 
or  color,  in  any  case  whatever,  shall  be  prohibited^  and  all  classes 
of  citizens  shall  enjoy  equally  all  common,  public,  legal  and 
political  privileges. 

Sec.  40.  All  navigable  waters  shall  remain  forever  public 
highways,  free  to  the  citizens  of  the  State  and  the  United  States, 
without  tax,  impost  or  toll  imposed;  and  no  tax,  toll,  impost  or 
wharfage  shall  be  imposed,  demanded  or  received  from  the  owner 
of  any  merchandise  or  commodity,  for  the  use  of  the  shores,  or 
any  wharf  erected  on  the  shores,  or  in  or  over  the  waters  of  any 
navigable  stream,  unless  the  same  be  authorized  by  the  General 
Assembly. 

Sec.  41.  The  enumeration  of  rights  in  this  Constitution  shall 
not  be  construed  to  impair  or  deny  others  retained  by  the  people, 
and  all  powers  not  herein  delegated  remain  with  the  people. 

ARTICLE  II. 

J.eg islat ive  Depa rtment. 

Section  1.  The  legislative  j)ower  of  this  State  shall  be  vested 
in  two  distinct  branches,  the  one  to  be  styled  the  “ Senate,”  and 
the  other  the  House  of  Representatives,”  and  both  together 
the  General  Assembly  of  the  State  of  South  Carolina.” 

Sec.  2.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  by  ballot  every  second  year,  by  the  citizens  of 
this  State,  qualified  as  in  this  Constitution  is  provided. 

Sec.  3.  The  judicial  districts  shall  hereafter  be  designated 
as  counties,  and  the  boundaries  of  the  several  counties  shall 
remain  as  they  are  now  established,  except  the  county  of  Pickens, 
which  is  hereby  divided  into  two  counties,  by  a line  leaving  the 
southern  boundary  of  the  State  of  North  Carolina  where  the 
^V^hite  Water  river  enters  this  State,  and  thence  down  the  center 
of  said  river,  by  whatever  names  known,  to  RaveneTs  Bridge, 
on  Seneca  river,  and  thence  along  the  center  of  the  road  leading 
to  Pendleton  village,  until  it  intersects  the  line  of  the  county  of 
Anderson;  and  the  territory  lying  east  of  said  line  shall  be  known 
as  ihe  count}'  of  Pickens;  and  the  terntory  lying  west  of 'said 
line  shall  be  known  as  the  county  of  Oconee:  Provided,  That 


CONSTITUTION  OF  SOUTH  CAEOLINA. 


ai4 

the  General  Assembly  shall  have  the  power  at  any  time  to  organize 
new  counties  by  changing  the  boundaries  of  any  of  the  old  ones; 
but  no  new  county  shall  be  hereafter  formed  of  less  extent  than 
six  hundred  and  twenty-five  square  miles,  nor  shall  any  existing 
counties  be  reduced  to  a less  extent  than  six  hundred  and  twenty- 
five  square  miles.  Each  county  shall  constitute  one  election 
district. 

Section  1.  That  article  II  of  the  Constitution  of  the  Si:ate  of 
South  Carolina  be,  and  the  same  is  hereby,  amended  so  that  in 
sections  four  and  five  of  said  article,  the  following  shall  be  sub- 
stituted, and  shall  be  known  as  section  four,  thereof,  to  wit . 

Sec.  4.  The  House  of  Kepresentatives  shall  consist  of  one 
hundred  and  twenty-four  members,  to  be  apportioned  among 
the  several  counties  according  to  th(‘  number  of  inhabitants  con- 
tained in  each;  an  enumeration  of  the  inhabitants  for  this  pur- 
pose shall  be  made  in  1891,  and  shall  be  made  in  the  course  of 
eveiy  tenth  year  thereafter,  in  such  manner  as  shall  be  by  law 
directed:  Provided,  That  the  Geueiel  Assembly  may  at  any 

time  in  its  discretion  adopt  the  immediately  preceding  United 
States  census  as  a true  and  correct  enumeration  of  the  inhabit- 
ants of  the  several  counties,  and  make  the  apportionment  or 
assignment  of  Kepresentatives  among  the  several  counties  accord- 
ing to  said  enumeration:  Provided,  however.  This  amendment 

shall  not  prevent  the  General  Assembly  from  providing  for  an 
enumeration  and  apportionment  prior  to  1891  in  the  manner  now 
provided  for  by  law. 

Sec.  0.  In  assigning  Representatives  to  the  several  counties, 
the  General  Assembly  shall  allow  one  Representative  to  every 
one  hundred  and  twenty-fourth  part  of  the  whole  number  of 
inhabitants  in  the  State:  Provided,  That  if  the  apportionment 

of  Representatives  any  county  shall  appear  not  to  be  entitled, 
from  its  population,  to  a Representative,  such  county  shall,  never- 
theless, send  one  Representative;  and  if  there  be  still  a deficiency 
of  the  number  of  Representatives  required  by  section  fourth  of 
this  article,  such  deficiency  shall  be  supplied  by  assigning  Repre- 
sentatives to  those  counties  having  the  largest  surplus  fractions. 

Sec.  7.  No  apportionment  of  Representativ^es  shall  be  con- 
strued to  take  effect  in  any  manner  until  the  general  election 
which  shall  succeed  such  apportionment. 

Sec.  8.  The  Senate  shall  be  composed  of  one  member  from 
each  count y,  to  be  elected  for  the  term  of  four  years  by  the  quali- 


CONSTITUTION  OF  SOUTH  CAROLINA. 


315 


fied  voters  of  the  State,  in  the  same  manner  in  which  members 
of  the  House  of  Representatives  are  chosen,  except  the  county  of 
Charleston,  which  shall  be  allowed  two  Senators. 

•Sec.  9.  Upon  the  meeting  of  the  first  General  Assembly  which 
shall  be  chosen  under  the  provisions  of  this  Constitution,  the 
Senators  shall  be  divided  by  lot  into  two  classes,  as  nearly  equal 
as  may  be;  the  seats  of  the  Senators  of  the  first  class  to  be 
vacated  at  the  expiration  of  two  years  after  the  Monday  follow- 
ing the  general  election,  and  of  those  of  the  second  class  at  the 
expiration  of  four  years,  so  that,  except  as  above  provided,  one- 
half  of  the  Senators  may  be  chosen  every  second  year. 

Sec.  10.  No  person  shall  be  eligible  to  a seat  in  the  Senate 
or  House  of  Representatives  who  at  the  time  of  his  election  is 
not  a citizen  of  the  United  States;  nor  anyone  who  has  not  been 
for  one  year  next  preceding  his  election  a resident  of  this  State 
and  for  three  months  next  preceding  his  election  a resident  of 
the  county  whence  he  may  be  chosen;  nor  anyone  who  has  been 
convicted  of  an  infamous  crime.  Senators  shall  be  at  least 
twenty-five  and  Representatives  at  least  twenty-one  years  of  age. 

Sec.  11.  The  first  election  for  Senators  and  Representatives 
under  the  provisions  of  this  Constitution  shall  l)e  held  on  the 
fourteenth,  fifteenth  and  sixteenth  days  of  April  of  the  present 
year,  and  the  second  election  shall  be  held  on  the  third  AVednes- 
day  in  October,  eighteen  hundred  and  seventy;  and  forever  there- 
after on  the  same  day  in  every  second  year,  in  such  maninT  and 
at  such  places  as  the  General  Assembly  may  hereaft(‘r  pro \ Ido. 

Sec.  12.  The  first  session  of  the  General  Assembly  after  the 
ratification  of  this  Constitution  shall  be  convened  on  the  second 
Tuesday  of  May  of  the  present  year,  in  the  city  of  Columbia, 
(which  shall  remain  the  seat  of  government  until  otherwise  deter- 
mined by  the  concurrence  of  two-thirds  of  both  branches  of  the 
whole  representation),  and  thereafter  on  the  fourth  Tuesday  in 
November  annually.  Should  the  casualties  of  war  or  contagious 
disease  render  it  unsafe  to  meet  at  the  seat  of  government,  then 
the  Governor  may,  by  proclamation,  appoint  a more  secure  and 
convenient  place  of  meeting. 

•Sec.  13.  The  terms  of  office  of  the  Senators  and  Representa- 
tives chosen  at  a general  election  shall  begin  on  the  Monday 
following  such  election. 

Sec.  14.  Each  house  shall  judge  of  the  election  returns  and 
qualifications  of  its  own  members,  and  a majority  of  each  house 


316 


CONSTITUTION  OF  SOUTH  CAROLINA. 


shall  constitute  a quorum  to  do  business;  but  a smaller  number 
may  adjourn  from  day  to  day  and  may  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  penalties 
as  may  be  provided  by  law. 

Sec.  15.  Each  house  shall  choose  its  own  officers,  determine 
its  rules  of  proceeding,  punish  its  members  for  disorderly  behav- 
ior, and,  with  the  concurrence  of  two-thirds,  expel  a member, 
but  not  a second  time  for  the  same  cause. 

Sec.  16.  Each  house  may  punish  by  imprisonment,  during 
its  sitting,  any  person  not  a member  who  shall  be  guilty  of  dis- 
respect to  the  house  by  any  disorderly  or  contemptuous  behavior 
in  its  presence,  or  who,  during  the  time  of  its  sitting,  shall 
threaten  harm  to  body  or  estate  of  any  member  for  anything 
said  or  done  in  either  house,  or  who  shall  assault  any  of  them 
therefor,  or  who  shall  assault  or  arrest  any  witness  or  other  per- 
son ordered  to  attend  the  house,  in  his  going  thereto  or  returning 
tlierefrom,  or  wiio  shall  rescue  any  person  arrested  by  order  of 
the  house:  Provided,  That  such  time  of  imprisonment  shall 

not  in  any  case  extend  beyond  the  session  of  the  General 
Assembly. 

Sec.  17.  The  members  of  both  houses  shall  be  protected  in 
their  persons  and  estates  during  their  attendance  on,  going  to 
and  returning  from  the  General  Assembly,  and  ten  days  previous 
to  The  sitting  and  ten  days  after  the  adjournment  thereof.  But 
these  privileges  shall  not  be  extended  so  as  to  protect  any  mem- 
ber who  shall  be  charged  with  treason,  felony  or  breach  of  the 
peace. 

Sec.  18.  Bills  for  raising  a revenue  shall  originate  in  the 
House  of  Representatives,  but  may  be  altered,  amended  or 
rejected  by  the  Senate;  and  all  other  bills  may  originate  in 
either  house,  and  may  be  amended,  altered  or  rejected  by  the 
other. 

Sec.  19.  The  style  of  all  laws  shall  be:  ^^Be  it  enacted  by 
the  Senate  and  House  of  Representatives  of  the  State  of  South 
Carolina,  now  met  and  sitting  in  General  Assembly,  and  by  the 
authority  of  the  same.” 

Sec.  20.  Eiery  act  or  resolution  having  the  force  of  law  shall 
relate  to  but  one  subject,  and  that  shall  be  expressed  in  the  title. 

Sec.  21.  No  bill  shall  have  the  force  of  law^  until  it  shall  have 
been  read  three  times,  and  on  three  several  days,  in  each  house, 


CONSTITUTION  OF  SOUTH  CAROLINA. 


317 


has  had  the  great  seal  of  the  State  affixed  to  it,  and  has  been- 
signed  in  the  Senate  house  by  the  president  of  the  Senate  and 
the  Speaker  of  the  House  of  Representatives. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury  but  in 
pursuance  of  an  appropriation  made  by  law' ; and  a regular  state- 
ment and  account  of  the  receipts  and  expenditures  of  all  public 
moneys  shall  be  published  annually,  in  such  manner  as  may  be  by 
law'  directed. 

Sec.  23.  Each  member  of  the  first  General  Assembly  under 
this  Constitution  shall  receive  six  dollars  per  diem  w hile  in  ses- 
sion, and  the  further  sum  of  tw'enty  cents  for  every  mile  of  the 
ordinary  route  of  travel  in  going  to  and  returning  from  the  place 
w'here  such  session  is  held,  after  which  they  shall  receive  such 
compensation  as  shall  be  fixed  by  law' ; but  no  General  Assembly 
shall  have  the  power  "to  increase  the  compensation  of  its  own 
members.  And  when  convened  in  extra  session  they  shall 
receive  the  same  mileage  and  per  diem  compensation  as  are 
fixed  by  law  for  the  regular  session,  and  none  other. 

Sec.  24.  In  all  elections  by  the  General  Assembly,  or  either 
house  thereof,  the  members  shall  vote  “viva  voce,”  and  their 
votes,  thus  given,  shall  be  entered  upon  the  journal  of  the  house 
to  w'hich  they  respectively  belong. 

Sec.  25.  Neither  house,  during  the  session  of  the  General 
Assembly,  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in  which 
the  Assembly  shall  be  at  the  time  sitting. 

Sec.  26.  Each  house  shall  keep  a journal  of  its  own  proceed- 
ings, and  cause  the  same  to  be  published  immediately  after  its 
adjournment,  excepting  such  parts  as  in  its  judgment  may  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of  either  house, 
on  any  question,  shall,  at  the  desire  of  any  two  members  present, 
be  entered  on  the  journals.  Any  member  of  either  house  shall 
have  liberty  to  dissent  from,  and  protest  against,  any  act  or 
resolution  which  he  may  think  injurious  to  the  public  or  to  an 
individual,  and  have  the  reasons  of  his  dissent  entered  on  the 
journals. 

Sec.  27.  The  doors  of  each  house  shall  be  open,  except  on 
such  occasions  as  in  the  opinion  of  the  house  may  require  secrecy. 

Sec.  28.  No  person  shall  be  eligible  to  a seat  in  the  General 
Assembly  whilst  he  holds  any  office  of  profit  or  trust  under  this 
State,  the  United  States  of  America,  or  any  of  them,  or  under 


318 


CONSTITUTION  OF  SOUTH  CAROLINA. 


any  other  power,  except  oflScers  in  the  militia,  magistrates,  or 
justices  of  inferior  courts,  while  such  justices  receive  no  salary. 
Aud  if  any  member  shall  accept  or  exercise  any  of  the  said 
disqualifying  offices,  he  shall  vacate  his  seat:  Provided,  That 

this  prohibition  shall  not  extend  to  the  members  of  the  first 
General  Assembly. 

Sec.  29.  If  any  election  district  shall  neglect  to  choose  a 
member  or  members  on  the  day  of  election,  or  if  any  person 
chosen  a member  of  either  house  shall  refuse  to  qualify  and  take 
his  seat,  or  shall  resign,  die,  depart  the  State,  accept  any  dis- 
qualifying office,  or  become  otherwise  disqualified  to  hold  his 
seat,  a writ  of  election  shall  be  issued  by  the  president  of  the 
Senate,  or  Speaker  of  the  House  of  Representatives,  as  the  case 
may  be,  for  the  purpose  of  filling  the  vacancy  thereby  occasioned, 
for  the  remainder  of  the  term  for  which  the  person  so  refusing 
to  qualify,  resigning,  dying,  departing  the  State,  or  becoming 
disqualified,  was  elected  to  serve,  or  the  defaulting  election  dis- 
trict ought  to  have  chosen  a member  or  members. 

Sec.  30.  Members  of  the  General  Assembly,  and  all  officers, 
before  they  enter  upon  the  execution  of  the  duties  of  their  respec- 
tive offices,  and  all  members  of  the  bar,  before  they  enter 
upon  the  practice  of  their  profession,  shall  take  and  subscribe 
the  following  oath: 

‘^I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I 
am  duly  qualified,  according  to  the  Constitution  of  the  United 
States  and  of  this  State,  to  exercise  the  duties  of  the  office  to 
which  I have  been  elected  (or  appointed),  and  that  I will  faithfully 
discharge,  to  the  best  of  my  abilities,  the  duties  thereof;  that  I 
recognize  the  supremacy  of  the  Constitution  and  laws  of  the 
United  States  over  the  Constitution  and  laws  of  any  State;  and 
that  I will  support,  protect  and  defend  the  Constitution  of  the 
United  States,  and  the  Constitution  of  South  Carolina,  as  ratified 
by  the  people  on  the  sixteenth  day  of  April,  1868.  So  help  me 
God.”  (And  the  president  of  this  convention  is  authorized  to  fill 
the  blanks  in  this  section  whenever  he  shall  receive  satisfactory 
information  of  the  day  on  which  this  Constitution  shall  be 
ratified.) 

Sec.  31.  Officers  shall  be  removed  for  incapacity,  misconduct 
or  neglect  of  duty,  in  such  manner  as  may  be  provided  by  law, 
when  no  mode  of  trial  or  removal  is  provided  in  this  Constitution. 


CONSTITUTION  OF  SOUTH  CAROLINA. 


319 


Sec.  32.  The  family  homestead  of  the  head  of  each  family 
residing  in  this  State,  such  homestead  consists  of  dwelling  house, 
out-buildings  and  lands  appurtenant,  not  to  exceed  the  value  of 
one  thousand  dollars  and  yearly  product  thereof,  shall  be  exempt 
from  attachment,  levy  or  sale  on  any  mesne  or  final  process 
issued  from  any  court.  To  secure  the  full  enjoyment  of  said 
homestead  exemption  to  the  person  entitled  thereto,  or  to  the 
head  of  any  family,  the  personal  property  of  such  person,  of  the 
following  character,  to  wit,  household  furniture,  beds  and  bed- 
ding, family  library,  arms,  carts,  wagons,  farming  implements, 
tools,  neat  cattle,  work  animals,  swine,  goats  and  sheep,  not  to 
exceed  in  value,  in  the  aggregate,  the  sum  of  five  hundred  dollars, 
shall  be  subject  to  like  exemption  as  said  homestead,  and  there 
shall  be  exempt,  in  addition  thereto,  all  necessary  wearing 
apparel:  Provided,  That  no  property  shall  be  exempt  from 

attachment,  levy  or  sale  for  taxes  or  for  payment  of  obligations 
contracted  for  the  purchase  of  said  homestead  or  the  erection  of 
improvements  thereon:  Provided,  further.  That  the  yearly  pro- 

ducts of  said  homestead  shall  not  be  exempt  from  attachment, 
levy  or  sale  for  the  payment  of  obligations  contracted  in  the 
production  of  the  same.  It  shall  be  the  duty  of  the  General 
Assembly,  at  their  first  session,  to  enforce  the  provisions  of  this 
section  by  suitable  legislation. 

Sec.  33.  All  taxes  upon  property,  real  or  personal,  shall  be 
laid  upon  the  actual  value  of  the  property  taxed,  as  the  same 
shall  be  ascertained  by  an  assessment  made  for  the  purpose  of 
laying  such  tax. 

ARTICLE  III. 

Executive  Department. 

Section  1.  The  supreme  executive  authority  of  this  State 
shall  be  vested  in  a chief  magistrate  who  shall  be  styled  “The 
Governor  of  the  State  of  South  Carolina.” 

Sec.  2.  The  Governor  shall  be  elected  by  the  electors  duly 
qualified  to  vote  for  members  of  the  House  of  Representatives, 
and  shall  hold  his  office  for  two  years,  and  until  his  successor 
shall  be  chosen  and  qualified,  and  shall  be  re-eligible.  He  shall 
bo  elected  at  the  first  general  election  held  under  this  Con- 
,stitution  for  members  of  the  General  Assembly  and  at  each  gen- 
eral election  thereafter,  and  shall  be  installed  during  the  first 
session  of  the  said  General  Assembly  after  his  election,  on  such  • 


320 


CONSTITUTION  OF  SOUTH  CAROLINA. 


day  as  shall  be  provided  for  by  law.  The  other  State  officers 
elect  shall  at  the  same  time  enter  upon  the  performance  of  their 
duties. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Gov^ernor 
who  denies  the  existence  of  the  Supreme  Being,  or  who  at  the 
time  of  such  election  has  not  attained  the  age  of  thirty  years, 
and  who,  except  at  the  first  election  under  this  Constitution, 
shall  not  have  been  a citizen  of  the  United  States  and  a citizen 
and  resident  of  this  State  for  two  years  next  preceding  the  day 
of  election.  No  person  while  Governor  shall  hold  any  office  or 
other  commission  (except  in  the  militia)  under  this  State,  or  any 
other  power,  at  one  and  the  same  time. 

Sec.  I.  The  returns  of  every  election  of  Governor  shall  be 
sealed  up  by  the  managers  of  elections  in  their  respective  counties 
and  transmitted  by  mail  to  the  seat  of  government,  directed  to 
the  Secretary  of  State,  who  shall  deliver  them  to  the  speaker  of 
the  House  of  Representatives  at  the  next  ensuing  session  of  the 
General  Assembly,  and  a duplicate  of  said  returns  shall  be  filed 
with  the  clerks  of  the  courts  of  said  counties,  whose  duty  it  shall 
be  to  forward  to  the  Secretary  of  State  a certified  copy  thereof 
upon  being  notified  that  the  returns  previously  forwarded  by 
mail  have  not  been  received  at  his  office.  It  shall  be  the  duty 
of  the  Secretary  of  State,  after  the  expiration  of  seven  days  from 
the  day  upon  which  the  votes  have  been  counted,  if  the  returns 
thereof  from  any  county  have  not  been  received,  to  notify  the 
clerk  of  the  court  of  said  county  and  order  a copy  of  the  returns 
filed  in  his  ofilce  to  be  forwarded  forthwith.  The  Secretary  of 
State  shall  deliver  the  returns  to  the  Speaker  of  the  House  of 
Representatives  at  the  next  ensuing  session  of  the  General 
Assembly,  and  during  the  first  week  of  the  session,  or  as  soon 
as  the  General  Assembly  shall  have  organized  by  the  election  of 
the  presiding  officers  of  the  two  houses,  the  speaker  shall  open 
and  publish  them  in  the  presence  of  both  houses.  The  person 
having  the  highest  number  of  votes  shall  be  Governor;  but  if 
two  or  more  shall  be  equal  and  highest  in  votes,  the  General 
Assembly  shall,  during  the  same  session,  in  the  House  of  Repre- 
sentatives, choose  one  of  them  Governor  viva  voce.  Contested 
elections  for  Governor  shall  be  determined  by  the  General 
Assembly  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  5.  A Lieutenant-Governor  shall  be  chosen  at  the  same 
time,  in  the  same  manner,  continue  in  office  for  the  same  period, 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


321 


and  be  possessed  of  the  same  qualifications  as  the  Governor, 
and  shall  ex  ofiicio  be  president  of  the  Senate. 

Sec.  6.  The  Lieutenant-Governor,  while  presiding  in  the 
Senate,  shall  have  no  vote,  unless  the  Senate  be  equally  divided. 

Sec.  7.  The  Senate  shall  choose  a president  pro  tempore,  to 
act  in  the  absence  of  the  Lieutenant-Governor,  or  when  he  shall 
exercise  the  office  of  Governor. 

Sec.  8.  A member  of  the  Senate  or  of  the  House  of  Kepresen- 
ta  lives  being  chosen  and  acting  as  Governor  or  Lieutenant-Gover- 
nor shall  thereupon  vacate  his  seat,  and  another  person  shall 
be  elected  in  his  stead. 

Sec.  9.  In  case  of  the  removal  of  the  Governor  from  his  office, 
or  his  death,  resignation,  removal  from  the  State,  or  inability 
to  discharge  the  powers  and  duties  of  the  said  office,  the  same 
shall  devolve  on  the  Lieutenant-Governor,  and  the  General 
Assembly,  at  its  first  session  after  the  ratification  of  this  Con- 
stitution, shall,  by  law,  provide  for  the  case  of  removal,  death, 
resignation  or  inability,  both  of  the  Governor  and  Lieutenant- 
Governor,  declaring  what  officer  shall  then  act  as  Governor,  and 
such  officer  shall  act  accordingly,  until  such  disability  shall  have 
been  removed,  or  a Governor  shall  have  been  elected.  ! 

Sec.  10.  The  Governor  shall  be  Commander-in-Chief  of  the 
militia  of  the  State,  except  when  they  shall  be  called  into  the 
actual  service  of  the  United  States. 

Sec.  11.  He  shall  have  power  to  grant  reprieves  and  pardons 
after  conAuction  (except  in  cases  of  impeachment),  in  such  man- 
ner, on  such  terms  and  under  such  restrictions  as  he  shall  think 
proper;  and  he  shall  ha\^e  power  to  remit  fines  and  forfeitures, 
unless  otherwise  directed  by  law.  It  shall  be  his  duty  to  report 
to  the  General  Assembly,  at  the  next  regular  session  thereafter, 
all  pardons  granted  by  him,  with  a full  statement  of  each  case, 
and  the  reasons  moving  him  thereunto. 

Sec.  12.  He  shall  take  care  that  the  laws  be  faithfully  execu- 
ted, in  mercy. 

Sec.  13.  The  Governor  and  Lieutenaut-GoA^ernor  shall,  at 
stated  times,  receive  for  their  service  a compensation,  which 
shall  be  neither  increased  or  diminished  during  the  period  for 
which  they  shall  have  been  elected. 

21 


322 


CONSTITUTION  OF  SOUTH  OAKOLINA. 


Sec.  14.  All  officers  in  the  executive  department  shall,  when 
required  by  the  Governor,  give  him  information  in  writing  upon 
any  subject  relating  to  the  duties  of  their  respective  offices. 

Sec.  15.  The  Governor  shall,  from  time  to  time,  give  lo  the 
General  Assembly  information  of  the  condition  of  the  State, 
and  recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  or  expedient. 

Sec.  16.  He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly;  and  should  either  house  remain  without  a 
quoium  for  five  days,  or  in  case  of  disagreements  betw^een  the 
t‘VO  houses  with  respect  to  the  time  of  adjournment,  may  adjourn 
them  to  such  time  as  he  shall  think  proper,  not  beyond  the  time 
of  the  annual  session  then  next  ensuing. 

Sec.  17.  He  shall  commission  all  officers  of  the  State. 

Sec.  IS.  There  shall  be  a seal  of  the  State,  for  which  the 
Gencij  ’.  Assembly,  at  its  first  session,  shall  provide,  and  which 
shall  be  used  by  the  Governor  officially,  and  shall  be  called  The 
Great  Seal  of  the  State  South  Carolina.’’ 

Sec.  19.  All  grants  and  commissions  shall  be  issued  in  the  name 
and  by  the  authority  of  the  State  of  South  Carolina,  sealed  with 
the  great  seal,  signed  by  the  Governor,  and  countersigned , by 
the  Secretary  of  State. 

Sec.  20.  The  Governor  and  the  Lieutenant-Governor,  before 
entering  upon  the  duties  of  their  respective  offices,  shall  take  and 
subscribe  the  oath  of  office  as  prescribed  in  article  two,  section 
thirty,  of  this  Constitution. 

Sec.  21.  The  Governor  shall  reside  at  the  capital  of  the  State ; 
but  during  the  sittings  of  the  General  Assembly  he  shall  reside 
where  its  sessions  are  held,  except  in  case  of  contagion. 

Sec.  22.  Eveiy  bill  or  joint  resolution  which  shall  have  passed 
the  General  Assembly,  except  on  a question  of  adjournment, 
shall,  before  it  becomes  a law,  be  presented  to  the  Governor,  and, 
if  he  approve,  he  shall  sign  it;  if  not,  he  shall  return  it,  with 
his  objections,  to  the  house  in  which!  it  shall  have  originated; 
which  shall  enter  the  objections  at  large  on  its  journals  and  pro- 
ceed to  reconsider  it.  If,  after  such  reconsideration,  two-thirds 
of  that  house  shall  agree  to  pass  it,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which  it  shall  be 
reconsidered,  and,  if  approved  by  two-thirds  of  that  house,  it 
shall  have  the  same  effect  as  if  it  had  been  signed  by  the  Gov- 
ernor; but  in  all  such  cases  the  vote  of  both  houses  shall  be 


CONSTITUTION  OF  SOUTH  CAROLINA. 


323 


taken  by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  or  joint  resolution  shall  be  entered  on 
the  journals  of  both  houses  respectively.  If  a ‘bill  or  joint  reso* 
lution  shall  not  be  returned  by  the  Governor  within  three  days 
after  it  shall  have  been  presented  to  him,  Sundays  excepted,  it 
shall  have  the  same  force  and  effect  as  if  he  had  signed  it, 
unless  the  General  Assembly,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  have  such  force  and  effect 
unless  returned  within  two  days  after  their  next  meeting. 

Sec.  23.  There  shall  be  elected  by  the  qualified  voters  of  the 
State  a Comptroller-General,  a Treasurer,  and  a Secretary  of 
State,  who  shall  hold  their  respective  offices  for  the  term  of  four 
years,  and  whose  duties  and  compensation  shall  be  prescribed 
by  law. 

ARTICLE  IV. 

Judicial  Department. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in 
a Supreme  Court,  in  two  Circuit  Courts,  to  wit : A Court  of  Com- 
mon Pleas,  having  ci^il  jurisdiction,  and  a Court  of  General 
Sessions,  with  criminal  jurisdiction  only,  in  Probate  Courts  and 
in  justices  of  the  peace.  The  General  Assembly  may  also  estab- 
lish such  municipal  and  other  inferior  courts  as  may  be  deemed 
necessary. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a chief  justice 
and  two  associate  justices,  any  two  of  whom  shall  constitute  a 
quonim.  They  shall  be  elected  by  a joint  vote  of  the  General 
Assembly  for  the  term  of  six  years,  and  shall  continue  in  office 
until  their  successors  shall  be  elected  and  qualified.  They  shall 
be  so  classified  that  one  of  the  justices  shall  go  out  of  office  every 
two  years. 

Sec.  3.  The  chief  justice  elected  under  this  Constitution  shaU 
continue  in  office  for  six  years,  and  the  General  Assembly,  imme- 
diately after  the  said  election,  shall  determine  which  of  the  two 
associate  justices-elect  shall  serve  for  the  term  of  two  years,  and 
which  for  the  term  of  four  years,  and,  having  so  determined  the 
same,  it  shall  be  the  duty  of  the  Governor  to  commission  them 
accordingly. 

Sec.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction 
only  in  cases  of  chancery,  and  shall  constitute  a court  for  the  cor- 
rection of  errors  at  law,  under  such  regulations  as  the  General 


324 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


Assembly  may  by  law  prescribe:  Provided,  The  said  court  shall 
always  have  power  to  issue  writs  of  injunction,  mandamus,  quo 
warranto,  habeas  corpus,  and  such  other  original  and  remedial 
writs  as  may  be  necessary  to  give  it  a general  supervisory  con- 
trol over  all  other  courts  in  the  State. 

Sec.  5.  The  Supreme  Court  shall  be  held  at  least  once  in  each 
year  at  the  seat  of  government,  and  at  such  other  place  or  places 
in  the  State  as  the  General  Assembly  may  direct. 

Sec.  6.  No  judge  shall  preside  on  the  trial  of  any  cause  in 
the  event  of  which  he  may  be  interested,  or  where  either  of  the 
parties  shall  be  connected  with  him  by  affinity  or  consanguinity, 
within  such  degrees  as  may  be  prescribed  by  law,  or  in  which 
he  may  have  been  counsel  or  have  presided  in  any  inferior  court, 
except  by  consent  of  all  the  parties.  In  case  all  or  any  of  the 
judges  of  the  Supreme  Court  shall  be  thus  disqualified  from  pre- 
siding in  any  cause  or  causes,  the  court  or  the  judges  thereof 
shall  certify  the  same  to  the  Governor  of  the  State,  and  he  shall 
immediately  commission,  specially,  the  requisite  number  of  men 
learned  in  the  law  for  the  trial  and  determination  thereof.  The 
same  course  shall  be  pursued  in  the  Circuit  and  inferior  courts 
as  is  prescribed  in  this  section  for  cases  of  the  Supreme  Court. 

Sec.  7.  There  shall  be  appointed  by  the  judges  of  the  Supreme 
Court  a reporter  and  clerk  of  said  court,  who  shall  hold  their 
offices  for  two  years,  and  whose  duties  and  compensation  shall 
be  prescribed  by  law. 

Sec.  8.  When  a judgment  or  decree  is  reversed  or  affirmed 
by  the  Supreme  Court,  eveiw  point  made  and  distinctly  stated 
in  writing  in  the  cause  and  fairly  arising  upon  the  record  of  the 
case  shall  be  considered  and  decided,  and  the  reasons  therefor 
shall  be  concisely  and  briefly  stated  in  writing  and  preserved 
with  the  records  of  the  case. 

Sec.  9.  The  judges  of  the  Supreme  Court  and  Superior  Courts 
shall,  at  stated  times,  receive  a compensation  for  their  services, 
to  be  fixed  by  law,  which  shall  not  be  diminished  during  their 
continuance  in  office.  They  shall  not  be  allowed  any  fees  or 
perquisites  of  office,  nor  sliall  they  hold  any  other  office  of  trust 
or  profit  under  this  State,  the  United  States,  or  any  other  power. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  Supreme  Court  or  Circuit  Courts  who  is  not  at  the  time  of 
his  election  a citizen  of  the  United  States  and  has  not  attain fnl 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


325 


the  age  of  thirty  years,  and  been  a resident  of  this  State  for  five 
years  next  preceding  his  election,  or  from  the  adoption  of  this 
Constitution. 

Sec.  11.  All  vacancies  in  the  Supreme  Court  or  other  inferior 
tribunals  shall  be  filled  by  elections  as  herein  provided : Provided, 
That  if  the  unexpired  term  does  not  exceed  one  year  such  vacancy 
may  be  filled  by  executive  appointment.  All  judges,  by  virtue  of 
their  office,  shall  be  conservators  of  the  peace  throughout  the 
State. 

Sec.  12.  In  all  cases  decided  by  the  Supreme  Court  a concur- 
rence of  two  of  the  judges  shall  be  necessary  to  a decision. 

Sec.  13.  The  State  shall  be  divided  into  convenient  circuits, 
and  for  each  circuit  a judge  shall  be  elected  by  joint  ballot  of 
the  General  Assembly,  who  shall  hold  his  office  for  a term  of  four 
years,  and  during  his  continuance  in  office  he  shall  reside  in  the 
circuit  of  which  he  is  judge. 

Sec.  14.  Judges  of  the  Circuit  Court  shall  interchange  cir- 
cuits with  each  other  in  such  manner  as  may  be  determined  by 
law. 

Sec.  15.  The  Courts  of  Common  Pleas  shall  have  exclusive 
jurisdiction  in  all  cases  of  divorce,  and  exclusive  original  juris- 
diction in  all  civil  cases  and  actions  ex  delicto  which  shall  not 
be  cognizable  before  justices  of  the  peace,  and  appellate  juris- 
diction in  all  such  cases  as  may  be  provided  by  law.  They  shall 
have  power  to  issue  writs  of  mandamus,  prohibition,  scire  facias, 
and  all  other  writs  which  may  be  necessary  for  carrying  their 
powers  fully  into  effect. 

Sec.  16.  The  Court  of  Common  Pleas  shall  sit  in  each  judicial 
district  in  this  State  at  least  twice  in  every  year,  at  such  stated 
times  and  places  as  may  be  appointed  by  law.  It  shall  have  juris- 
diction in  all  matters  of  equity,  but  the  courts  heretofore  estab- 
lished for  that  purpose  shall  continue  as  now  organized  until 
the  first  day  of  January,  one  thousand  eight  hundred  and  sixty- 
nine,  for  the  disposition  of  causes  now  pending  therein,  unless 
otherwise  provided  by  law. 

Sec.  17.  The  General  Assembly  shall  provide  by  law  for  the 
preservation  of  the  records  of  the  courts  of  equity,  and  also  for 
the  transfer  to  the  Courts  of  Common  Pleas  and  Probate  Courts 
for  final  decision  of  all  causes  that  may  remain  undetermined.  It 


326 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


shall  be  the  duty  of  the  judges  of  the  Supreme  and  Circuit  Courts 
to  file  their  decisions  within  sixty  days  from  the  last  day  of  the 
term  of  court  at  which  the  causes  were  heard. 

Sec.  18.  The  Court  of  G-eneral  Sessions  shall  have  exclusive 
jurisdiction  over  all  criminal  cases  which  shall  not  be  otherwise 
provided  for  by  law.  It  shall  sit  in  each  county  in  the  State  at 
least  three  times  in  each  year,  at  such  stated  times  and  places  as 
the  General  Assembly  may  direct. 

Sec.  19.  The  qualified  electors  of  each  county  shall  elect  three 
persons  for  the  term  of  two  years,  who  shall  constitute  a board 
of  county  commissioners,  which  shall  have  jurisdiction  over 
roads,  highways,  ferries,  bridges,  and  in  all  matters  relating  to 
taxes,  disbursements  of  money  for  county  purposes,  and  in  every 
other  case  that  may  be  necessary  to  the  internal  improvement 
and  local  concerns  of  the  respective  counties : Provided,  That  in 

all  cases  there  shall  be  the  right  to  appeal  to  the  State  Courts. 
(Kepealed.) 

Sec.  20.  A Court  of  Probate  shall  be  established  in  each 
county,  with  jurisdiction  in  all  matters  testamentary  and 
of  administration  in  business  appertaining  to  minors,  and  the 
allotment  of  dower  in  cases  of  idiocy  and  lunacy  and  persons  non 
compos  mentis.  The  judge  of  said  court  shall  be  elected  by 
the  qualified  electors  of  the  respective  counties  for  the  term  of 
four  years. 

Sec.  21.  A competent  number  of  justices  of  the  peace  and  con- 
stables shall  be  chosen  in  each  county  by  the  qualified  electors 
thereof,  in  such  manner  as  the  General  Assembly  may  direct; 
they  shall  hold  their  offices  for  a term  of  two  years  and  until 
their  successors  are  elected  and  qualified.  They  shall  reside 
in  the  county,  city  or  beat  for  which  they  are  elected,  and  the 
justices  of  the  peace  shall  be  commissioned  by  the  Governor. 

Sec.  22.  Justices  of  the  peace,  individually,  or  two  or  more 
of  them  jointly,  as  the  General  Assembly  may  direct,  shall  have 
original  jurisdiction  in  cases  of  bastardy,  and  in  all  matters  of 
contract,  and  actions  for  the  recovery  of  fines  and  forfeitures 
where  the  amount  claimed  does  not  exceed  one  hundred  dollars, 
and  such  jurisdiction  as  may  be  provided  by  law  in  actions  ex 
delicto  where  the  damages  claimed  do  not  exceed  one  hundred 
dollars,  and  prosecutions  for  assault  and  battery,  and  other 
penal  offenses  less  than  felony,  punishable  by  fines  only. 


CONSTITUTION  OF  SOUTH  CAROLINA. 


327 


Sec.  23.  They  may  also  sit  as  examining  courts,  and  commit, 
discharge  or  recognize  (except  in  capital  cases)  persons  charged 
with  offenses,  subject  to  such  regulations  as  the  General  Assem- 
bly may  provide;  they  shall  also  have  power  to  bind  over  to  keep 
the  peace,  or  for  good  behavior.  For  the  foregoing  purposes, 
they  shall  have  power  to  issue  all  necessary  processes. 

Sec.  24.  Every  action  cognizable  before  justices  of  the  peace, 
instituted  by  summons  or  warrants,  shall  be  brought  before 
some  justice  of  the  peace  in  the  county  or  city  where  the  defend- 
ant resides,  and  in  all  such  causes  tried  by  them  the  right  of 
appeal  shall  be  secured  under  such  rules  and  regulations  as  may 
be  provided  by  law. 

Sec.  25.  The  judges  of  probate,  county  commissioners,  jus- 
tices of  the  peace  and  constables  shall  receAe  for  their  services 
such  compensation  and  fees  as  the  General  Assembly  may  from 
time  to  time  by  law  direct. 

Sec.  26.  Judges  shall  not  charge  juries  in  respect  to  matters 
of  fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  27.  There  shall  be  elected  in  each  county,  by  the  electors 
thereof,  one  clerk  for  the  Court  of  Common  Pleas,  who  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  successor  shall 
be  elected  and  qualified.  He  shall,  by  virtue  of  his  office,  be 
clerk  of  all  other  courts  of  record  held  therein,  but  the  General 
Assembly  may  provide  by  law  for  the  election  of  a clerk,  with 
a like  term  of  office,  for  each  or  any  other  of  the  courts  of  record, 
and  may  authorize  the  judge  of  the  Probate  Court  to  perform 
the  duties  of  clerk  for  his  court,  under  such  regulations  as  the 
General  Assembly  may  direct.  Clerks  of  courts  shall  be  remov- 
able for  such  cause  and  in  such  manner  as  shall  be  prescribed 
by  law. 

Sec.  28.  There  shall  be  an  Attorne^^-General  for  the  State, 
who  shall  perform  such  duties  as  may  be  prescribed  by  law.  He 
shall  be  elected  by  the  qualified  electors  of  the  State  for  the  term 
of  four  years,  and  shall  receive  for  his  services  such  compensa- 
tion as  shall  be  fixed  by  law. 

Sec.  29.  There  shall  be  one  solicitor  for  each  circuit,  who 
shall  reside  therein,  to  be  elected  by  the  qualified  electors  of  the 
circuit,  who  shall  hold  his  office  for  the  term  of  four  years,  and 
shall  receive  for  his  services  such  compensation  as  shall  be  fixed 


328 


CONSTITUTION  OF  SOUTH  CAROLINA. 


by  law.  In  all  cases  where  an  attorney  for  the  State  of  any  cir- 
cuit fails  to  attend  and  prosecute  according  to  law,  the  court 
shall  have  power  to  appoint  an  attorney  pro  tempore. 

Sec.  30.  The  qualified  electors  of  each  county  shall  elect  a 
sheriff  and  coroner,  for  the  term  of  four  years,  and  until  their 
successors  are  elected  and  qualified;  they  shall  reside  in  their 
respective  counties  during  their  continuance  in  office,  and  be  dis- 
qualified for  the  office  a second  time  if  it  should  appear  that  they, 
or  either  of  them,  are  in  default  for  moneys  collected  by  virtue  of 
their  respective  offices. 

Sec.  31.  All  writs  and  processes  shall  run  and  all  prosecu- 
tions  shall  be  conducted  in  the  name  of  the  State  of  South  Caro- 
lina; all  writs  shall  be  attested  by  the  clerk  of  the  court  from 
which  they  shall  be  issued;  and  all  indictments  shall  conclude 
against  the  peace  and  dignity  of  the  State.” 

Sec.  32.  The  General  Assembly  shall  provide  by  law  for  the 
speedy  publication  of  the  decisions  of  the  Supreme  Court  made 
under  this  Constitution. 

Sec.  33.  The  first  General  Assembly  convened  under  this 
Constitution,  at  their  first  session,  immediately  after  their  per- 
manent organization,  shall  ratify  the  amendment  to  the  Consti- 
tution of  the  United  States  known  as  the  Fourteenth  Article, 
proposed  by  the  Thirty-ninth  Congress. 

Sec.  34.  All  contracts,  whether  under  seal  or  not,  the  con- 
sideration of  which  were  for  the  purchase  of  slaves,  are  hereby 
declared  null  and  void  and  of  no  effect,  and  no  suit,  either  at  law 
or  equity,  shall  be  commenced  or  prosecuted  for  the  enforcement 
of  such  contracts;  and  all  proceedings  to  enforce  satisfaction  or 
payment  on  judgments  or  decrees  rendered,  recorded,  enrolled 
or  entered  up  on  such  contracts  in  any  court  of  this  State  are 
hereby  prohibited;  and  all  orders  heretofore  made  in  this  State 
in  relation  to  such  contracts,  whereby  property  is  held  subject 
to  decision  as  to  the  validity  of  such  contracts,  are  also  hereby 
declared  null  and  void  and  of  no  effect. 

ARTICLE 

Jurisprudence. 

Section  1.  The  General  Assembly  shall  pass  such  laws  as  may 
be  necessary  and  proper  to  decide  differences  by  arbitrators,  to 
be  appointed  by  the  parties  who  may  choose  that  summary  mode 
of  adjustment. 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


329 


Sec.  2.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
the  necessary  laws  for  the  change  of  venue  in  all  cases,  civil  and 
criminal,  over  which  the  circuit  courts  have  original  jurisdiction, 
upon  a proper  showing,  supported  by  affidavit,  that  a fair  and 
impartial  trial  cannot  be  had  in  the  county  where  such  trial  or 
prosecution  was  commenced. 

Sec.  3.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  make  provision  to  revise, 
digest  and  arrange,  under  proper  heads,  the  body  of  our  laws, 
civil  and  criminal,  and  form  a penal  code,  founded  upon  princi- 
ples of  reformation,  and  have  the  same  promulgated  in  such 
manner  as  they  may  direct;  and  a like  revision,  digest  and  pro- 
mulgation shall  be  made  within  every  subsequent  period  of  ten 
years.  That  justice  may  be  administered  in  a uniform  mode 
of  pleading,  without  distinction  between  law  and  equity,  they 
shall  provide  for  abolishing  the  distinct  forms  of  action,  and 
for  that  purpose  shall  appoint  some  suitable  person  or  persons, 
whose  duty  it  shall  be  to  revise,  simplify  and  abridge  the  rules, 
practice,  pleadings  and  forms  of  the  courts  now  in  use  in  this 
State. 

AETICLE  VI. 

Emin  ent  Doma in . 

Section  1.  The  State  shall  have  concurrent  jurisdiction  on 
aU  rivers  bordering  on  this  State,  so  far  as  such  rivers  shall  form 
a common  boundary  to  this  and  any  other  State  bounded  by  the 
same;  and  they,  together  with  all  other  navigable  waters  within 
the  limits  of  the  State,  shall  be  common  highways,  and  forever 
free,  as  well  to  the  inhabitants  of  this  State  as  to  the  citizens 
of  the  United  States,  without  any  tax  or  impost  therefor,  unless 
the  same  be  expressly  provided  for  by  the  General  Assembly. 

Sec.  2.  The  title  to  all  lands  and  other  property  which  have 
heretofore  accrued  to  this  State  by  grant,  gift,  purchase,  forfeit- 
ure, escheats  or  otherwise  shall  vest  in  the  State  of  South  Caro- 
lina the  same  as  though  no  change  had  taken  place. 

Sec.  3.  The  people  of  the  State  are  declared  to  possess  the 
ultimate  property  in  and  to  all  lands  within  the  jurisdiction 
of  the  State,  and  all  lands  the  title  to  which  shall  fail  from  defect 
of  heirs  shall  revert  or  escheat  to  the  people. 


330 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


ARTICLE  VII. 

Imjpeach  m en  ts . 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  A vote  of  two-thirds  of  all  the  members 
elected  shall  be  required  for  an  impeachment,  and  any  officer 
impeached  shall  thereby  be  suspended  from  office  until  judgment 
in  the  case  shall  have  been  pronounced. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate,  and 
when  sitting  for  that  purpose  they  shall  be  under  oath  or  affirma- 
tion. No  person  shall  be  convicted  except  by  vote  of  two-thirds 
of  all  the  members  elected.  When  the  Governor  is  impeached, 
the  chief  justice  of  the  Supreme  Court,  or  the  senior  judge,  shall 
preside,  with  a casting  vote  in  all  preliminary  questions. 

Sec.  3.  The  Governor  and  all  other  executive  and  judicial 
officers  shall  be  liable  to  impeachment;  but  judgment  in  such 
case  shall  not  extend  further  than  removal  from  office.  The 
persons  convicted  shall,  nevertheless,  be  liable  to  indictment, 
trial  and  punishment  according  to  law. 

Sec.  4.  For  any  willful  neglect  of  duty,  or  other  reasonable 
cause,  which  shall  not  be  sufficient  grounds  for  impeachment, 
the  Governor  shall  remove  any  executive  or  judicial  officer  on 
the  address  of  two-thirds  of  each  house  of  the  General  Assembly: 
Provided,  That  the  cause,  or  causes,  for  which  said  removal  may 
be  required  shall  be  stated  at  length  in  such  address  and  entered 
on  the  journals  of  each  house:  And  provided,  further.  That  the 
officer  intended  to  be  removed  shall  be  notified  of  such  cause  or 
causes,  and  shall  be  admitted  to  a hearing  in  his  own  defense, 
before  any  vote  for  such  address;  and  in  all  cases  the  vote  shall 
be  tahen  by  yeas  and  nays,  and  be  entered  on  the  journals  of 
each  house  respectively. 

/ 

ARTICLE  ym. 

Might  of  Suffrage. 

Section  1.  In  all  elections  by  the  people  the  electors  shall  vote 
by  ballot. 

Sec.  2.  Every  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  not  laboring  under  the  disabili- 
ties named  in  this  Constitution,  without  distinction  of  race,  color 
or  former  condition,  who  shall  be  a resident  of  this  State  at  the 
time  of  the  adoption  of  this  Constitution,  or  who  shall  thereafter 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


331 


reside  in  this  State  one  j^ear,  and  in  the  county  in  which  he  offers 
to  vote  sixty  days  next  preceding  any  election,  shall  he  entitled  to 
vote  for  all  officers  that  are  now,  or  hereafter  may  he,  elected  hy 
the  people,  and  upon  all  questions  submitted  to  the  electors  at 
any  elections : Provided,  That  no  person  shall  he  allowed  to  vote 
or  hold  office  who  is  now,  or  hereafter  may  he,  disqualified  therefor 
hy  the  Constitution  of  the  United  States,  until  such  disqualificU' 
tion  shall  he  removed  hy  the  Congress  of  the  United  States: 
Provided,  further,  That  no  person  while  kept  in  any  alms-house 
or  asylum  or  of  unsound  mind,  or  confined  in  any  public  prison, 
shall  he  allowed  to  vote  or  hold  office. 

Sec.  3.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
from  time  to  time  for  the  registration  of  all  electors. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  lost  his  residence  by  reason  of  absence  while  employed 
in  the  service  of  the  United  States,  nor  while  engaged  upon  the 
waters  of  this  State  or  the  United  States,  or  of  the  high  seas,  nor 
while  temporarily  absent  from  the  State. 

Sec.  5.  No  soldier,  seaman  or  marine  in  the  army  or  na^^^  of 
the  United  States  shall  he  deemed  a resident  of  this  State  in  con- 
sequence of  having  been  stationed  therein. 

Sec.  6.  Electors  shall  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  and  civil  process 
during  their  attendance  at  elections,  and  in  going  to  and  return- 
ing from  the  same. 

Sec.  7.  Every  person  entitled  to  vote  at  any  election  shall  be 
eligible  to  any  office  which  now  is,  or  hereafter  shall  be,  elective 
by  the  people  in  the  county  where  he  shall  have  resided  sixty 
days  previous  to  such  election,  except  as  otherwise  provided  in 
this  Constitution  or  the  Constitution  and  laws  of  the  United 
States. 

Sec.  8.  The  General  Assembly  shall  never  pass  any  law  that 
will  deprive  any  of  the  citizens  of  this  State  of  the  right  of  suf- 
frage, except  for  treason,  murder,  robbery,  or  dueling,  whereof 
the  persons  shall  have  been  duly  tried  and  convicted. 

Sec.  9.  Presidential  electors  shall  be  elected  by  the  people. 

. Sec.  10.  In  all  elections  held  by  the  people  under  this  Consti- 
tution, the  person  or  persons  who  shall  receive  the  highest  number 
of  votes  shall  be  declared  elected. 


332 


CONSTITUTION  OF  SOUTH  CAROLINA. 


Sec.  11.  The  provisions  of  this  Constitution  concerning  the 
term  of  residence  necessary  to  enable  persons  to  hold  certain 
offices  therein  mentioned  shall  not  be  held  to  apply  to  officers 
chosen  by  the  people  at  the  first  election,  or  by  the  General 
Assembly  at  its  first  session. 

Sec.  12.  No  person  shall  be  disfranchised  for  felony  or  other 
crimes  committed  while  such  person  was  a slave. 

ARTICLE  IX. 

Finance  a,nd  Taxation. 

Section  1.  The  General  Assembly  shall  provide  by  law  for  a 
uniform  and  equal  rate  of  assessment  and  taxation,  and  shall  pre> 
scribe  such  regulations  as  shall  secure  a just  valuation  for  taxa- 
tion of  all  property,  real,  personal  and  possessory,  except  mines 
and  mining  claims,  the  proceeds  of  which  alone  shall  be  taxed; 
and  also  excepting  such  property  as  may  be  exempted  by  law  for 
municipal,  educational,  literary,  scientific,  religious  or  charitable 
purposes. 

Sec.  2.  The  General  Assembly  may  provide  annually  for  a poll- 
tax,  not  to  exceed  one  dollar  on  each  poll,  which  shall  be  applied 
exclusively  to  the  public  school  fund.  And  no  additiqnal  poll-tax 
shall  be  levied  by  any  municipal  corporation. 

Sec.  3.  The  General  Assembly  shall  provide  for  an  annual  tax 
sufficient  to  defray  the  estimated  expenses  of  the  State  for  each 
year;  and  whenever  it  shall  happen  that  such  ordinary  expenses 
of  the  State  for  any  year  shall  exceed  the  income  of  the  State  for 
such  year  the  General  Assembly  shall  provide  for  levying  a tax 
for  the  ensuing  year  sufficient,  with  other  sources  of  income,  to 
pay  the  deficiency  of  the  preceding  year,  together  with  the  esti- 
mated expenses  of  the  ensuing  year. 

Sec.  4.  No  tax  shall  be  levied  except  in  pursuance  of  a law, 
which  shall  distinctly  state  the  object  of  the  same;  to  which 
object  such  tax  shall  be  applied. 

Sec.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  enact 
laws  for  the  exemption  from  taxation  of  all  public  schools,  col- 
leges and  institutions  of  learning,  all  charitable  institutions  in 
the  nature  of  asylums  for  the  infirm,  deaf  and  dumb,  blind,  idiotic 
and  indigent  persons,  all  public  libraiies,  churches  and  burying 
grounds;  but  property  of  associations  and  societies,  although  con- 
nected with  charitable  objects,  shall  not  be  exempt  from  State, 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


333 


county  or  municipal  taxation;  Provided,  That  this  exemption 
shall  not  extend  beyond  the  buildings  and  premises  actually  occu- 
pied by  such  schools,  colleges,  institutions  of  learning,  asylums, 
libraries,  churches  and  burial  grounds,  although  connected  with 
charitable  objects. 

Sec.  6.  The  General  Assembly  shall  provide  for  the  valuation 
and  assessment  of  all  lands  and  the  improvements  thereon  prior 
to  the  assembling  of  the  General  Assembly  of  one  thousand  eight 
hundred  and  seventy,  and  thereafter  on  every  fifth  year. 

Sec.  7.  For  the  purpose  of  defraying  extraordinary  expendi- 
tures the  State  may  contract  public  debts;  but  such  debts  shall 
be  authorized  by  law  for  some  single  object,  to  be  distinctly 
specified  therein ; and  no  such  law  shall  take  effect  until  it  shall 
have  been  passed  by  the  vote  of  two-thirds  of  the  members  of 
each  branch  of  the  General  Assembly,  to  be  recorded  by  yeas 
and  nays  on  the  journals  of  each  house  respectively;  and  every 
such  law  shall  levy  a tax  annually  sufficient  to  pay  the  annual 
interest  of  such  debt. 

Sec.  8.  The  corporate  authorities  of  counties,  townships,  school 
districts,  cities,  towns  and  villages  may  be  vested  with  power  to 
assess  and  collect  taxes  for  corporate  purposes;  such  taxes  to  be 
uniform  in  respect  to  persons  and  property  within  the  jurisdic- 
tion of  the  body  imposing  the  same.  And  the  General  Assembly 
shall  require  that  all  the  property,  except  that  heretofore 
exempted,  within  the  limits  of  municipal  corporations  shall  be 
taxed  for  the  payment  of  debts  contracted  under  authority  of 
law. 

Sec.  9.  The  General  Assembly  shall  provide  for  the  incorpora- 
tion and  organization  of  cities  and  towns,  and  shall  restrict  their 
powers  of  taxation,  borrowing  money,  contracting  debts  and  loan- 
ing their  credit. 

Sec.  10.  No  scrip,  certificate  or  other  evidence  of  State  indebt- 
edness shall  be  issued  except  for  the  redemption  of  stock,  bonds 
or  other  evidences  of  indebtedness  previously  issued,  or  for  such 
debts  as  are  expressly  authorized  in  this  Constitution. 

Sec.  11.  An  accurate  statement  of  the  receipt  and  expendi- 
tures of  the  public  money  shall  be  published,  with  the  laws  of 
each  regular  session  of  the  General  Assembly,  in  such  manner  as 
may  by  law  be  directed. 

Sec  12.  No  money  shall  be  drawn  from  the  treasury  but  in 
pursuance  of  appropriations  made  by  law. 


334 


CONSTITUTION  OF  SOUTH  CAROLINA. 


Sec.  13.  The  fiscal  year  shall  commence  on  the  first  day  of 
November  in  each  year. 

Sec.  14.  Any  debt  contracted  by  the  State  shall  be  by  loan  on 
State  bonds  or  stock,  of  amounts  not  less  than  |100  each,  bearing 
interest  payable  semi-annually,  and  payable  within  fifty  years 
after  the  final  passage  of  the  law  authorizing  such  debt.  The 
correct  registry  of  all  such  bonds  or  stock  shall  be  kept  by  the 
treasurer  in  numerical  order,  so  as  alw^ays  to  exhibit  the  number 
and  amount  unpaid,  and  to  whom  severally  made  payable. 

Sec.  15.  Suitable  laws  shall  be  passed  by  the  General  Assem- 
bly for  the  safe  keeping,  transfer  and  disbursement  of  the  State, 
county  and  school  funds;  and  all  officers  and  other  persons 
charged  with  the  same  shall  keep  an  accurate  entry  of  each  sum 
received,  and  of  each  payment  and  transfer,  and  shall  give  such 
security  for  the  faithful  discharge  of  such  duties  as  the  General 
Assembly  may  provide.  And  it  shall  be  the  duty  of  the  General 
Assembly  to  pass  laws  making  embezzlement  of  such  funds  a 
felony,  punishable  by  fine  and  imprisonment,  proportioned  to  the 
amount  of  deficiency  or  embezzlement,  and  the  party  convicted 
of  such  felony  shall  be  disqualified  from  ever  holding  any  office 
of  honor  or  emolument  in  this  State:  Provided,  however.  That 

the  General  Assembly,  by  a two-third  vote,  may  remove  the  disa^ 
bility  upon  the  payment  in  full  of  the  principal  and  interest  of 
the  sum  embezzled. 

Sec.  16.  No  debt  contracted  by  this  State  in  behalf  of  the  late 
rebellion,  in  whole  or  in  part,  shall  ever  be  paid. 

That  article  nine  of  the  Constitution  to  be  amended  by  adding 
thereto  the  following  section,  to  be  known  as  section  seventeen : 

Sec.  17.  Any  bonded  debt  hereafter  incurred  by  any  county, 
municipal  corporation  or  political  division  of  this  State,  shall 
never  exceed  eight  per  centum  of  the  assessed  value  of  the  tax- 
able property  therein. 

ARTICLE  X. 

Education. 

Section  1.  The  supervision  of  public  instruction  shall  be  vested 
in  a State  Superintendent  of  Education,  who  shall  be  elected  by 
the  qualified  electors  of  the  State  in  such  manner  and  at  such 
time  as  the  other  State  officers  are  elected;  his  powers,  duties, 
term  of  office  and  compensation  shall  be  defined  by  the  General 
Assembly. 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


335 


Sec.  2.  There  shall  he  elected  biennially  in  each  county,  by  the 
qualified  electors  thereof,  one  school  commissioner,  said  commis- 
sioners to  constitute  a State  Board  of  Education,  of  which  the 
State  Superintendent  shall,  by  Aurtue  of  his  office,  be  chairman. 
The  powers,  duties  and  compensation  of  the  members  of  said 
board  shall  be  determined  by  law. 

Sec.  3.  The  General  Assembly  shall,  as  soon  as  practicable 
after  the  adoption  of  this  Constitution,  provide  for  a liberal  and 
uniform  system  of  free  public  schools  throughout  the  State,  and 
shall  also  make  provision  for  the  division  of  the  State  into  suit- 
able school  districts.  There  shall  be  kept  open  at  least  six 
months  in  each  year  one  or  more  schools  in  each  school  district. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly  to  pro- 
vide for  the  compulsory  attendance,  at  either  public  or  private 
schools,  of  all  children  between  the  ages  of  six  and  sixteen  years, 
not  physically  or  mentally  disabled,  for  a term  equivalent  to 
twenty-four  months  at  least:  Provided,  That  no  law  to  that 

effect  shall  be  passed  until  a system  of  public  schools  has  been 
thoroughly  and  completely  organized,  and  facilities  afforded  to  all 
the  inhabitants  of  the  State  for  the  free  education  of  their 
children. 

Sec.  5.  The  General  Assembly  shall  levy,  at  each  regular  ses- 
sion after  the  adoption  of  this  Constitution,  an  annual  tax  on  all 
taxable  property  throughout  the  State  for  the  support  of  public 
schools,  Avhich  tax  shall  be  collected  at  the  same  time  and  by  the 
same  agents  as  the  general  State  levy,  and  shall  be  paid  into  the 
treasury  of  the  State.  There  shall  be  assessed  on  all  taxable 
polls  in  the  State  an  annual  tax  of  one  dollar  on  each  poll,  the 
proceeds  of  which  tax  shall  be  applied  solely  to  educational  pur- 
poses: Provided,  That  no  person  shall  ever  be  deprived  of  the 
right  of  suffrage  for  the  non-paATuent  of  said  tax.  No  other  poll 
or  capitation  tax  shall  be  levied  in  the  State,  nor  shall  the  amount 
assessed  on  each  poll  exceed  the  limit  given  in  this  section.  The 
school  tax  shall  be  distributed  among  the  seA^eral  school  districts 
of  the  State,  in  proportion  to  the  respective  number  of  pupils 
attending  the  public  schools.  No  religious  sect  or  sects  shall  have 
exclusAe  right  to,  or  control  of,  any  part  of  the  school  funds  of 
the  State,  nor  shall  sectarian  principles  be  taught  in  the  public 
schools. 

Sec.  6.  Within  five  years  after  the  first  regular  session  of  the 
General  Assembly  following  the  adoption  of  this  Constitution,  it 
shall  be  the  duty  of  the  General  Assembly  to  provide  for  the 


336 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


establishment  and  support  of  a State  Normal  School,  which  shall 
be  open  to  all  persons  who  may  wish  to  become  teachers. 

Sec.  7.  Educational  institutions  for  the  benefit  of  all  the  blind, 
deaf  and  dumb  and  such  other  benevolent  institutions  as  the  pub- 
lic good  may  require,  shall  be  established  and  supported  by  the 
State,  subject  to  such  regulations  as  may  be  prescribed  by  law. 

Sec.  8.  Provisions  shall  be  made  b}^  law,  as  soon  as  practicable, 
for  the  establishment  and  maintenance  of  a State  reform  school 
for  juvenile  offenders. 

Sec.  9.  The  General  Assembly  shall  provide  for  the  mainte- 
nance of  the  State  University,  and,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  agricultural  college,  and  shall  appro- 
priate the  land  given  to  this  State,  for  the  support  of  such  a 
college,  by  the  act  of  Congress,  passed  July  second,  one  thousand 
eight  hundred  and  sixty-two,  or  the  money  or  scrip,  as  the  case 
may  be,  arising  from  the  sale  of  said  lands,  or  any  lands  which 
may  hereafter  be  given  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  such  college,  and  may  make  the 
same  a branch  of  the  State  University,  for  instruction  in  agri- 
culture, the  mechanic  arts,  and  the  natural  sciences  connectcvJ 
therewith. 

Sec.  10.  All  the  public  schools,  colleges  and  universities  of 
this  Stnte  supported,  in  whole  or  in  part,  by  the  public  funds, 
shall  be  free  and  open  to  all  the  children  and  youths  of  the  State 
without  regard  to  race  or  color. 

Sec.  11.  The  proceeds  of  all  iands  that  have  been  or  hereafter 
may  be  given  by  the  United  States  to  this  State  for  educational 
purposes,  and  not  otherwise  appropriated  by  this  Slate  or  the 
Uni  l ed  States,  and  of  all  lands  or  other  property  gi^^en  by  indi- 
viduals, or  appropriated  by  the  State  for  like  purpose,  and  of  all 
estates  of  deceased  persons  who  have  died  without  leaving  a.  will 
or  heir,  shall  be  securely  invested  and  sacredly  prestuwed  as  a 
State  school  fund,  and  the  annual  interest  and  income  of  said 
fund,  together  with  such  other  means  as  the  General  Assembly 
may  provide,  shall  be  faithfully  appropriated  for  the  purpose  of 
establishing  and  maintaining  free  public  schools,  and  for  no 
other  purposes  or  uses  whatever. 

AKTICLE  XL 

Charitable  and  Penal  Institutions. 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind, 
deaf  and  dumb  and  the  poor  shall  always  be  fostered  and  sup- 


CONSTITUTION  OF  SOUTH  CAKOLINA. 


337 


ported  by  this  State,  and  shall  be  subject  to  such  regulations  as 
the  General  Assembly  may  enact. 

Sec.  2.  The  directors  of  the  penitentiary  shall  be  elected  or 
appointed  as  the  General  Assembly  may  direct. 

Sec.  3.  The  directors  of  the  benevolent  and  other  State  insti* 
tutions,  such  as  may  be  hereafter  created,  shall  be  appointed  by 
the  Governor,  by  and  with  the  consent  of  the  Senate;  and  upon 
all  nominations  made  by  the  Governor  the  question  shall  be 
taken  by  yeas  and  nays  and  entered  upon  the  journals. 

Sec.  4.  The  Governor  shall  have  power  to  fill  all  vacancies 
that  may  occur  in  the  offices  aforesaid  until  the  next  session  of 
the  General  Assembly,  and  until  a successor  or  successors  shall 
be  appointed  and  confirmed. 

Sec.  5.  The  respective  counties  of  this  State  shall  make  such 
provision  as  may  be  determined  by  law  for  all  those  inhabitants 
who,  by  reason  of  age  and  infirmities  and  misfortunes,  may  have 
a claim  upon  the  sympathy  and  aid  of  society. 

Sec.  6.  The  physician  of  the  lunatic  asylum,  who  shall  be 
superintendent  of  the  same,  shall  be  appointed  by  the  Governor, 
with  the  advice  and  consent  of  the  Senate.  All  other  necessary 
officers  and  employes  shall  be  appointed  by  the  Governor. 

ARTICLE  XII. 

Cor'porations. 

Section  1.  Corporations  may  be  formed  under  general  laws, 
but  all  such  laws  may,  from  time  to  time,  be  altered  or  repealed. 

Sec.  2.  The  property  of  corporations  now  existing  or  here^ 
after  created  shall  be  subject  to  taxation,  except  in  cases  other- 
wise provided  for  in  this  Constitution. 

Sec.  3.  No  right  of  way  shall  be  appropriated  to  the  use  of 
any  corporation  until  full  compensation  therefor  shall  be  first 
made,  or  secured  by  a deposit  of  money,  to  the  owner,  irrespec- 
tive of  any  benefit  from  any  improvement  proposed  by  such  cor- 
poration, which  compensation  shall  be  ascertained  by  a jury  of 
twelve  men,  in  a court  of  record,  as  shall  be  prescribed  by  law. 

Sec.  4.  Dues  from  corporations  shall  be  secured  by  such  indi- 
vidual liability  of  the  stockholders  and  other  means  as  may  be 
prescribed  by  law. 

Sec.  5.  All  general  laws  and  special  acts  passed  pursuant  to 
this  section  shall  make  provisions  therein  for  fixing  the  personal 
22 


338 


CONSTITUTION  OF  SOUTH  CAROLINA. 


liability  of  stockholders  under  proper  limitations;  and  shall  pre- 
yent  and  punish  fraudulent  misrepresentations  as  to  the  capital, 
property  and  resources  of  such  corporations;  and  shall  also  regu- 
late the  public  use  of  all  franchises  which  have  heretofore  been, 
or  hereafter  may  be,  created  or  granted  by  or  under  the  authority 
of  this  State;  and  shall  limit  all  tolls,  imposts  and  other  charges 
and  demands  under  such  laws. 

Sec.  6.  The  General  Assembly  shall  grant  no  charter  for 
banking  purposes,  nor  renew  any  banking  corporations  now  in 
existence,  except  upon  the  condition  that  the  stockholders  shall 
be  liable  to  the  amount  of  their  respective  share  or  shares  of 
stock  in  such  banking  institution  for  all  its  debts  and  liabilities, 
upon  note,  bill  or  otherwise;  and  upon  the  further  condition  that 
no  director  or  other  officer  of  said  corporation  shall  borrow  any 
money  from  said  corporation;  and  if  any  director  or  other  officer 
shall  be  convicted,  upon  indictment,  of  directly  or  indirectly 
violating  this  section,  he  shall  be  punished  by  fine  or  imprison- 
ment, at  the  discretion  of  the  court.  The  books,  papers  and 
accounts  of  all  banks  shall  be  open  to  inspection,  under  such 
regulations  as  may  be  prescribed  by  law. 

i ARTICLE  XIII. 

Militia. 

Section  1.  The  militia  of  this  State  shall  consist  of  all  able- 
bodied  male  citizens  of  the  State  between  the  ages  of  eighteen 
and  forty-five  years,  except  such  persons  as  are  now,  or  may  here- 
after be,  exempted  by  the  laws  of  the  United  States,  or  who  may 
be  averse  to  bearing  arms,  as  provided  for  in  this  Constitution; 
and  shall  be  organized,  armed,  equipped  and  disciplined  as  the 
Heneral  Assembly  may  by  law  provide. 

Sec.  2.  The  Governor  shall  have  power  to  call  out  the  militia 
to  execute  the  laws,  repel  invasion,  repress  insurrection  and  pre- 
serve the  public  peace. 

• Sec.  3.  There  shall  be  an  Adjutant  and  Inspector-General 
elected  by  the  qualified  electors  of  the  State,  at  the  same  time 
and  in  the  same  manner  as  other  State  officers,  who  shall  rank 
as  a Brigadier-General,  and  whose  duties  and  compensation  shall 
be  prescribed  by  law.  The  Governor  shall  appoint,  by  and  with 
the  advice  and  consent  of  the  Senate,  such  other  staff  officers  as 
the  General  Assembly  may  direct. 


C0X8TITUTI0X  OF  80UTH  CAKOLIXA. 


339 


ARTICLE  XIV. 

Miscellaneous. 

Section  1.  X"o  j>erson  shall  be  elected  or  appointed  to  any 
office  in  this  State  unless  he  possess  the  qualifications  of  an 
elector. 

Sec.  2.  Lotteries,  and  the  sale  of  lottery  tickets  for  any  pur- 
pose whatever,  are  prohibited,  and  the  General  Assembly  shall 
prevent  the  same  by  penal  laws. 

Sec.  3.  The  State  Library  shall  be  subject  to  such  regulations 
as  the  General  Assembly  may  prescribe. 

Sec.  4.  The  General  Assembly  may  direct  by  law  in  what 
manner  claims  against  the  State  may  be  established  and 
adjusted. 

Sec.  o.  Divorces  from  the  bands  of  matrimony  shall  not  be 
allowed  but  by  the  judgment  of  a court,  as  shall  be  prescribed 
by  law. 

Sec.  6.  X"o  person  who  denies  the  existence  of  the  Supreme 
Being  shall  hold  any  office  under  this  Constitution. 

Sec.  7.  The  printing  of  the  laws,  journals,  bills,  legislative 
documents  and  papers  for  each  branch  of  the  General  Assembly, 
with  the  printing  required  for  the  executive  and  other  depart- 
ments of  the  State,  shall  be  let  on  contract  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  8.  The  real  and  personal  property  of  a woman  held  at 
the  time  of  her  marriage,  or  that  which  she  may  thereafter 
acquire,  either  by  gift,  grant,  inheritance,  devise  or  otherwise, 
shall  not  be  subject  to  levy  and  sale  for  her  husband’s  debts,  but 
shall  be  held  as  her  separate  property,  and  may  be  bequeathed, 
devised  or  alienated  by  her  the  same  as  if  she  were  unmarried: 
Provided,  That  no  gift  or  grant  from  the  husband  to  the  wife 
shall  be  detrimental  to  the  just  claims  of  his  creditors. 

Sec.  9.  The  General  Assembly  shall  provide  for  the  removal 
of  all  causes  which  may  be  pending  when  this  Constitution  goes 
into  effect  to  courts  created  by  the  same. 

Sec.  10.  The  election  for  all  State  officers  shall  take  place  at 
the  same  time  as  is  provided  for  that  of  members  of  the  General 
Assembly,  and  the  election  for  those  officers  whose  terms  of  ser- 
vice are  for  four  years  shall  be  held  at  the  time  of  each  alternate 
general  election. 


340 


CONSTITUTION  OF  SOUTH  OAEOLINA. 


AKTICLE  XV. 

Amendment  and  Revision  of  the  Constitution. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  the  Senate  or  House  of  Kepresentatives. 
If  the  same  be  agreed  to  by  two-thirds  of  the  members  elected 
to  each  house,  such  amendment  or  amendments  shall  be  entered 
on  the  journals  respectively,  with  the  yeas  and  nays  taken 
thereon ; and  the  same  shall  be  submitted  to  the  qualified  electors 
of  the  State,  at  the  next  general  election  thereafter  for  Eepresenta- 
tives;  and  if  a majority  of  the  electors  qualified  to  vote  for  mem- 
bers of  the  General  Assembly,  voting  thereon,  shall  vote  in  favor 
of  such  amendment  or  amendments,  and  two-thirds  of  each 
branch  of  the  next  General  Assembly  shall,  after  such  an  elec- 
tion, and  before  another,  ratify  the  same  amendment  or  amend- 
ments, by  yeas  and  nays,  the  same  shall  become  part  of  the  Con- 
stitution : Provided,  That  such  amendment  or  amendments  shall 

have  been  read  three  times,  on  three  several  days,  in  each  house. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  at  the 
same  time,  they  shall  be  submitted  in  such  manner  that  the 
electors  shall  vote  for  or  against  each  of  such  amendments 
separately. 

Sec.  3.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly  shall  think  it  necessary  to  call 
a Convention  to  revise,  amend  or  change  this  Constitution,  they 
shall  recommend  to  the  electors  to  vote  at  the  next  election  for 
Representatives  for  or  against  a Convention;  and  if  a majority 
of  all  the  electors  voting  at  said  election  shall  have  voted  for  a 
Convention,  the  General  Assembly  shall,  at  their  next  session, 
provide  by  law  for  calling  the  same;  and  such  Convention  shall 
consist  of  a number  of  members  not  less  than  that  of  the  most 
numerous  branch  of  the  General  Assembly. 

AIVIENDMENT  TO  ARTICLE  XVI. 

To  the  end  that  the  public  debt  of  South  Carolina  may  not 
hereafter  be  increased  without  the  due  consideration  and  free 
consent  of  the  people  of  the  State,  the  General  Assembly  is 
hereby  forbidden  to  create  any  further  debt  or  obligation,  either 
by  the  loan  of  the  credit  of  the  State,  by  guaranty,  indorsement 
or  otherwise,  except  for  the  ordinary  and  current  business  of 
the  State,  without  first  submitting  the  question  as  to  the  crea- 


CONSTITUTION  OF  SOUTH  CAEOLINA. 


341 


tion  of  any  such  new  debt,  guaranty,  indorsement  or  loan  of  its 
credit  to  the  people  of  this  State  at  a general  State  election;  and 
unless  two-thirds  of  the  qualified  electors  of  this  State,  voting  on 
the  question,  shall  be  in  favor  of  a further  debt,  guaranty,  indorse- 
ment or  loan  of  its  credit,  none  shall  be  created  or  made.  (Eati- 
fied  January,  1873.) 

AMENDMENT  TO  AKTICLE  U,  SECTION  11. 

.Strike  out  all  that  portion  of  section  11,  article  II,  following 
the  words  “eighteen  hundred  and  seventy,”  occurring  iii  the 
fourth  and  fifth  lines,  and  insert  the  following:  “And  forever 

thereafter  on  the  first  Tuesday  following  the  first  Monday  in 
November  in  every  second  year,  in  such  manner  and  in  such 
place  as  the  Legislature  may  provide.”  (Katified  January,  1873.) 

AMENDMENT  TO  ARTICLE  HI,  SECTION  23. 

Strike  out  of  section  23  of  article  IH  the  word  “four,”  occur- 
ring in  the  third  line,  and  insert  the  word  “two,”  so  that  the 
section  of  the  Constitution  will  read,  when  amended,  as  follows: 

“ Sec.  23.  There  shall  be  elected  by  the  qualified  voters  of  the 
State  a Comptroller-Greneral,  Secretary  of  State,  Treasurer, 
Attorney-Oeneral,  Adjutant  and  Inspector-General,  and  Superin- 
tendent of  Education,  who  shall  hold  their  respective  offices  for 
the  term  of  two  years,  and  whose  duties  and  compensation  shall 
be  prescribed  by  law.”  (Ratified  March  4,  1875.) 

AMENDMENT  TO  ARTICLE  H,  SECTION  3. 

That  section  3 of  article  II  of  the  Constitution  of  the  State  be 
amended  by  striking  out  the  words  “ White  Water  river,”  in  the 
fifth  line  of  said  section,  and  inserting  in  the  place  thereof  the 
words  “Toxaway  river.”  (Ratified  March  10,  1875.) 

AMENDMENT  TO  ARTICLE  X,  SECTION  5. 

“The  boards  of  county  commissioners  of  the  several  counties 
shall  levy  an  annual  tax  of  not  less  than  two  mills  on  the  dollar 
of  all  the  taxable  property  in  their  respective  counties,  which 
levy  shall  not  be  increased  unless  by  special  enactment  of  the 
General  Assembly,  for  the  support  of  the  public  schools  in  their 
respective  counties,  which  tax  shall  be  collected  at  the  same  time 
and  by  the  same  officers  as  the  other  taxes  for  the  same  year, 
and  shall  be  held  in  the  county  treasuries  of  the  respective 


342 


CONSTITUTION  OF  SOUTH  CAROLINA. 


counties,  and  paid  out  exclusively  for  the  support  of  the  public 
schools,  as  provided  by  law.  There  shall  be  assessed  on  all 
taxable  polls  in  the  State  an  annual  tax  of  one  dollar  on  each 
poll,  the  proceeds  of  which  tax  shall  be  applied  solely  to  educa- 
tional purposes:  Provided,  That  no  person  shall  ever  be  deprived 
of  the  right  of  suffrage  for  the  non-payment  of  such  tax.  No 
other  poll  or  capitation  tax  shall  be  levied  in  this  State,  nor  shall 
the  amount  assessed  on  each  poll  exceed  the  limit  given  in  this 
section.  The  school  tax  shall  be  distributed  among  the  several 
school  districts  of  the  counties  in  proportion  to  the  respective 
number  of  pupils  attending  the  public  schools.  No  religious  sect 
or  sects  shall  have  exclusive  right  to  or  control  of  any  part  of 
the  school  funds  of  the  State,  nor  shall  sectarian  principles  be 
taught  in  the  public  schools.”  (Ratified  January  22,  1878.) 

AMENDMENT  TO  ARTICLE  II,  SECTION  32. 

^^That  section  32,  article  II,  of  the  Constitution  of  this  State 
be  and  is  hereby  stricken  out  and  the  following  inserted  in  lieu 
thereof : 

The  General  Assembly  shall  enact  such  laws  as  will  exempt 
from  attachment  and  sale  under  any  mesne  or  final  process  issued 
from  any  court  to  the  head  of  any  family  residing  in  this  State  a 
homestead  in  lands,  whether  held  in  fee  or  any  lesser  estate,  not 
to  exceed  in  value  $1,000,  with  the  yearly  products  thereof;  and 
every  head  of  a family  residing  in  this  State,  whether  entitled  to 
a homestead  exemption  in  lands  or  not,  personal  property  not  to 
exceed  in  value  the  sum  of  |500:  Provided,  That  in  case  any 

woman  having  a separate  estate  shall  be  married  to  the  head  of 
a family  who  has  not  of  his  own  sufficient  property  to  constitute 
a homestead  as  hereinbefore  provided,  said  married  woman  shall 
be  entitled  to  a like  exemption  as  provided  for  the  head  of  a 
family:  Provided,  further.  That  there  shall  not  be  an  allowance 

of  more  than  $1,000  worth  of  real  estate  and  more  than  |500 
worth  of  personal  property  to  the  husband  and  wife  jointly: 
Provided,  That  no  property  shall  be  exempt  from  attachment, 
levy  or  sale  for  taxes,  or  for  payment  of  obligations  contracted  for 
the  purchase  of  said  homestead  or  the  erection  of  improvements 
thereon:  Provided,  further.  That  the  yearly  products  of  said 
homestead  shall  not  be  exempt  from  attachment,  levy. or  sale 
for  the  payment  of  obligations  contracted  in  the  production  of 


CONSTITUTION  OF  SOUTH  CAROLINA.  343 

the  same.  It  shall  he  the  duty  of  the  General  Assembly  at  their 
first  session  to  enforce  the  proTisions  of  this  section  by  suitable 
legislation.”  (Ratified  December  11,  1880.) 


A5IEND1IENT  TO  ARTICLE  II,  SECTION  11. 

That  section  11,  article  H,  of  the  Constitution  of  this  State 
as  amended,  be,  and  the  same  is  hereby,  stricken  out  and  the 
folio  Wing  inserted  in  lieu  thereof; 

election  for  Senators  and  Representatives  shall 
be  held  in  every  second  year,  in  such  manner,  at  such  time  and 

ber  21,  mT)^  Legislature  may  proidde.”  (Ratified  Decem- 


AMENDMENT  TO  ARTICLE  VIII,  SECTION  8. 

That  section  8,  article  VIII,  of  the  Constitution  be  amended 

wLds'"‘buLai^^^^^  “murder,”  the  following 

crime  ” so  S tT  other  infamous 

Sec.  8 The  General  Assembly  shaU  never  pass  any  law  that 

wiU  deprive  any  of  the  citizens  of  this  State  of  thi  rilt  of 

suffrage,  except  for  treason,  murder,  biirglaiy,  larceny,  periurv 

rgery  or  any  other  infamous  crime,  or  dueling,  whereof  the 

person  shall  have  been  duly  tried  and  convictS 
December  21,  1882.)  convicted.  (Ratified 


i 


CON  STITUT  ION 


OF  THE 

STATE  OF  SOUTH  DAKOTA. 


i 


CONSTITUTION  OF  THF  STATE  OF  SOUTH  DAKOTA. 


ARTICLE  I. 

Name  — Bo  u ndary. 

Section 

1.  The  name  of  the  State  shall  be 

South  Dakota. 

2.  The  boundaries. 

ARTICLE  II. 

Division  of  the  Powers  of  Government . 
1.  The  Executive,  Legislative  and 
Judicial. 

ARTICLE  III. 

Legislative  Department. 

1.  The  legislative  power  is  vested 

in  the  Legislature. 

2.  There  shall  be  not  less  than 

seventy^flve  nor  more  than 
one  hundred  and  thirty-five 
Representatives,  and  the  num- 
ber of  Senators  shall  not  be 
less  than  twenty-five  nor  more 
than  forty-five. — ^^The  sessions 
shall  be  biennially. 

3.  To  be  eligible  to  the  office  of 

Senator.— To  be  eligible  to  the 
office  of  Representative.— 
Those  who  are  not  eligible  to 
the  Legislature. 

4.  Bribery  and  perjury  debar  from 

holding  office. 

5.  The  census  shall  be  taken  in  1895 

and  every  ten  years  thereafter 

6.  The  term  of  office  of  members 

of  the  Legislature.— Their  pay 
and  mileage.— Each  regular 
session  shall  not  exceed  sixty 
days. 

7.  The  place  and  time  of  the  first 

meeting  of  the  Legislature. 

8.  They  must  take  the  oath  or  af- 

firmation. 

9.  Each  house  shall  be  the  judge 

of  the  election  and  qualifica- 
tion of  its  own  members. 


Section 

10.  The  Governor  to  issue  writs  of 

election  to  fill  vacancies. 

11.  iMembers  of  the  Legislature  to 

be  privileged  from  arrest. 

12.  They  may  not  hold  any  civil  of- 

fice  in  the  State  during  their 
term. 

13.  Each  house  shall  keep  a journal. 

14.  On  all  elections  made  by  the 

Legislature  the  vote  shall  be 
viva  voce . 

15.  The  sessions  of  each  house  shall 

be  open,  except. 

16.  They  may  not  adjourn  for  more 

than  three  days. 

.17.  Every  bill  to  be  read  three 
times. 

18.  The  enacting  clause  of  a law 

shall  be. 

19.  The  presiding  officer  of  each 

house  shall  sign  all  bills. 

20.  A bill  may  originate  in  either 

house. 

21.  No  law  shall  embrace  more  than 

one  subject. 

22.  No  act  shall  take  effect  until 

ninety  days  after  the  adjourn- 
ment, etc. 

23.  Private  and  special  laws  may 

not  be  enacted  in  the  follow- 
ing cases. 

24.  The  ind(ebtednes!s  on  liability 

of  any  corporation  or  individ- 
ual may  not  be  released. 

25.  Lotteries  illegal, 

26.  Municipal  improvements  may 

not  be  interfered  with  by  the 
Legislature, 

27.  Suits  may  be  brought  against 

the  State. 

28.  Bribery  shall  be  punished  as 

provided  by  law. 


348  ; CONSTITUTION  OF  SOUTH  DAKOTA. 


ARTICLE  IV. 

Executive  De^Jartment. 

Section 

1.  Executive  power  is  vested  in 

the  Governor. — A Lieutenant- 
Governor  shall  be  elected  at 
the  same  time  and  for  the  same 
term. 

2.  To  be  eligible  for  the  office  of 

either. 

3.  Their  manner  pf  (flection. — In 

case  of  tie. 

4.  The  Governor  shall  be  comman- 

der-in-chief of  militia. 

5.  He  shall  grant  pardons  and  re- 

prieves. 

6.  When  his  duties  shall  devolve 

upon  the  Lieutenant-Governor. 

7.  The  Lieutenant-Governor  shall 

be  president  of  the  Senate  and 
shall  have  a casting  vote 
therein. 

8.  Vacancies  to  be  filled  by  the 

Governor. 

9.  Every  bill  to  be  signed  by  the 

Governor. 

10.  He  may  disapprove  of  any  item 

or  items. 

11.  If  he  accepts  a bribe. 

12.  Other  State  officers  which  are 

to  be  chosen  by  qualified  elec- 
tors. 

13.  Their  powers  and  duties. 

ARTICLE  V. 

Judiciary. 

1.  The  judicial  powers  of  the  State 

shall  be  vested  in  a Supreme, 
Circuit,  County  Court,  etc. 

2.  The  Supreme  Court.— Its  juris- 

diction. 

3.  Its  powers. 

4.  There  shall  be  at  least  two 

terms  of  the  same. 

5.  It  shall  consist  of  two  judges. 

6.  The  number  of  judges  and  dis- 

tricts may  be  increased. 

7.  A majority  necessary  to  form  a 

quorum. 

8.  Their  term  of  office  shall  be 

four  years  for  those  elected  at 
the  first  election. — ^Afterwards 
it  shall  be  six  years. 


Section 

9.  The  presiding  judge  to  be  se- 
lected. 

10.  To  be  eligible  to  the  office  of 

judge  of  said  court. 

11.  Until  otherwise  provided,  the 

districts  from  which  said 
judges  shall  be  elected  are  aa 
follows. 

12.  Other  officers  of  the  Supreme 

Court. — Their  pay  and  term  of 
office. 

13.  The  Governor  shall  have  the  au- 

thority to  require  opinions  of 
judges  of  the  Supreme  Court. 

14.  Circuit  Courts. — Their  jurisdic- 

tion. 

15.  The  State  shall  be  divided  into 

judicial  circuits. 

16.  Said  circuits  shall  be  as  follow*. 

17.  The  number  of  judicial  circuit* 

and  judges  may  be  increased. 

18.  Writs  of  error  and  appeal  may 

be  allowed. 

19.  County  courts  and  judges. 

20.  They  shall  be  courts  of  record.— 

Their  jurisdiction. 

21.  They  shall  have  jurisdiction  in 

certain  cases. 

22.  Justices  of  the  peace. — ^Thelr 

jurisdiction. 

23.  Police  magistrates. — Their  juris- 

diction. 

24.  The  State’s  Attorney. — His  duties 

and  compensation. 

25.  To  be  eligible  to  the  office  of 

judge  of  Circuit  and  County 
Courts. 

26.  Judges  of  the  Supreme,  Circuit 

and  County  Courts. — ^When 
chosen  and  elected. 

27.  The  time  of  holding  courts  with- 

in the  said  judicial  circuits 
and  counties  shall  be  provid- 
ed by  law. 

28.  Special  terms  of  said  courts 

may  be  held. 

29.  Judges  of  Circuit  Courts  may 

hold  court  in  other  circuits 
than  their  own. 

30.  The  salary  of  judges  of  the  Su- 

preme, Circuit  and  County 
Courts. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


349 


Section 

31.  They  may  not  act  as  attorneys- 

at-law. 

32.  Clerk  of  the  Circuit  and  County 

Court. — His  election,  duties 
and  compensation. 

33.  The  terms  of  the  courts  to  be 

fixed  by  the  judges  thereof 
until  otherwise  provided  for 
by  law. 

34.  All  laws  relating  to  courts  shall 

be  general  and  of  unform 
operation. 

35.  No  judge  shall  be  eligible  to  any 

other  than  a judicial  office. 

36.  All  judges  and  other  officers  of 

the  Supreme,  Circuit  and 
County  Courts  shall  hold  their 
office  until  their  successors 
are  qualified. 

37.  All  officers  provided  for  in  this 

article  shall  reside  in  the  dis- 
trict from  which  they  are 
elected. 

38.  The  style  of  all  process  shall  be. 

ARTICLE  VI. 

Bill  of  Rights. 

1.  All  men  are  born  equally  free 

and  have  certain  inherent 
rights. 

2.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

3.  Freedom  of  religious  worship 

and  thought. — No  sectarian 
institution  shall  be  supported 
by  the  State. 

4.  The  people  have  the  right  to 

assemble  peacefully  to  consult 
for  the  common  good. 

5.  Freedom  of  speech. — In  trials 

for  libel  the  truth  may  be 
given  in  evidence. 

6.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

7.  The  rights  of  those  accused  in 

criminal  prosecution. 

8.  Bail  shall  be  accepted  except 

for  capital  offenses. 

9.  No  person  put  in  jeopardy  twice 

for  the  same  offense. 

10.  No  person  shall  be  held  for 

criminal  offense  unless  on  the 


Section 

presentment  or  indictment  by 
the  grand  jury,  etc. 

11.  Unreasonable  searches  and  seiz- 

ures forbidden. 

12.  No  ex  post  facto  law. 

13.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

14.  Resident  aliens  shall  have  the 

same  rights  as  citizens  in  re- 
gard to  property. 

15.  No  person  shall  be  imprisoned 

for  debt. 

16.  The  military  subordinate  to  the 

civil  power. — Quartering  of 
soldiers. 

17.  Taxes  to  be  by  the  consent  of 

the  people. 

18.  No  special  privileges  or  immuni- 

ties shall  be  granted. 

19.  Elections  shall  be  free  and 

equal. 

20.  All  courts  shall  be  open  and 

justice  shall  be  had  without 
denial  or  delay. 

21.  The  Legislature  alone  may  sus- 

pend the  laws. 

22.  No  person  shall  be  attainted  of 

treason  or  felony  by  the  Leg- 
islature. 

23.  Excessive  bail  or  excessive  fines 

shall  not  be  required  nor  cruel 
punishments  inflicted. 

24.  The  right  of  citizens  to  bear 

arms. 

25.  Treason  against  the  State  de- 

fined. 

26.  All  political  power  is  inherent 

in  the  people. 

27.  The  blessings  of  a free  govern- 

ment maintained  by  a firm  ad- 
herence to  justice,  moderation, 
temperance,  frugality  and  vir- 
tue. 

ARTICLE  VII. 

Elections  and  Riqht  of  Suffrage. 

1.  Qualifications  for  voting. 

2.  Shall  the  word  “male”  Ibe 

stricken  from  the  article  of 
the  Constitution  relating  to 
election  and  right  of  suffrage. 

3.  All  votes  shall  be  taken  by  bal- 

lot. 


350 


COKSTITITTION  OF  SOUTH  DAKOTA. 


Section 

4.  General  elections  shall  be  bien- 

nial. 

5.  Electors  to  be  privilegred  from 

arrest. 

6.  They  shall  not  be  deemed  to 

have  lost  residence  by  reason 
of  absence  on  business  of  the 
United  States  or  this  State. 

7.  Soldiers  of  the  United  States 

shall  not  gain  a residence  in 
consequence  of  being  stationed 
in  this  State. 

8.  Those  who  may  not  be  qualified 

to  vote. 

9.  Women  having  the  qualifications 

enumerated  in  section  one 
may  vote  in  school  elections. 

ARTICLE  VIII. 

Education  and  School  Lands. 

1.  Uniform  system  of  public  schools 

to  be  maintained. 

2.  The  proceeds  of  the  sale  of  pub- 

lic lands  to  be  used  for  the 
public  schools. 

3.  The  interest  and  income  of  this 

fund  together  with  all  net  pro- 
ceeds of  fines  shall  be  applied 
to  school  funds. 

4.  Lands  granted  by  the  United 

States  for  the  use  of  public 
schools  may  be  sold  upon  the 
following  conditions  and  no 
other. 

5.  No  land  shall  be  sold  for  less 

than  I ten  ( dollars  an  acre. — 
Terms  of  sale. 

6.  All  sales  shall  be  conducted 

through  the  office  of  the  com- 
missioner of  schools  and  public 
lands. 

7.  The  public  school  fund  shall  be 

perpetual. — It  may  be  in- 
creased, but  never  diminished. 

8.  All  lands  mentioned  in  the  pre- 

ceding section  shall  be  ap- 
praised and  sold  in  the  same 
manner  as  the  public  lands. 

9.  In  regard  to  the  leasing  of  lands 

mentioned  in  this  article. 

10.  The  law  in  regard  to  “Squat- 
ters.” 


Section 

11.  The  permanent  school  fund 

shall  be  invested  only  in  first 
mortgages,  etc. 

12.  The  Governor  may  disapprove 

any  sale,  etc. 

13.  In  regard  to  defalcation  of  the 

public  school  fund, 

14.  School  lands  to  be  protected 

from  trespasses. 

15.  School  corporations  may  levy  ad- 

ditional taxes. 

16.  Sectarian  schools  shall  not  re- 

ceive State  aid. 

17.  No  teacher  or  officer  shall  be  in- 

terested in  the  sale  of  books, 
etc. 

ARTICLE  IX. 

County  and  I'oicnship  Organization. 

1.  The  Legislature  shall  provide 

by  general  law  for  organizing 
* new  counties,  etc. 

2.  Location  of  the  county  seat. 

3.  It  may  be  changed. 

4.  Counties  may  be  organized  into 

townships. 

5.  County  officers  to  be  elected 

every  two  years. 

6.  The  Legislature  shall  provide  by 

law  for  county,  township  and 
district  officers. 

7.  They  shall  be  electors. 

ARTICLE  X. 

Municipal  Corporations. 

1.  They  shall  be  provided  for  by 

general  law. 

2.  In  regard  to  the  assessment  and 

levying  of  taxes. 

3.  Street  railway,  telegraph  or  tele- 

phone companies  must  have 
the  consent  of  the  local  au- 
thorities. 

ARTICLE  XI. 

Revenue  and  Finance. 

1.  The  estimated  expenses  of  the 

State  shall  be  provided  for  by 
taxation. 

2.  All  taxes  on  real  and  personal 

property  shall  be  uniform. 

3.  The  power  to  tax  corporation 

property  shall  not  be  sur- 
rendered. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


351 


Section  I 

4.  Moneys,  credits  and  investments,  i 

etc.,  to  be  taxed.  I 

5.  Property  exempt  from  taxation.  | 

6.  Other  property  exempt  from  tax-  I 

ation.  I 

7.  Laws  exempting  property  from  ! 

taxation  other  than  those  in  i 
sections  5 and  6 of  this  article,  | 
shall  be  void.  j 

8.  No  tax  shall  be  levied  except  in  | 

pursuance  of  law. 

9.  State  taxes  shall  be  paid  into  the 

State  treasury.  i 

10.  The  corporate  authority  of  | 

towns,  cities  and  villages  shall 
have  the  power  to  make  local  i 
improvements  by  taxation. 

11.  The  making  of  profit  out  of  pub- 

lic money  shall  be  deemed  a 
felony.  | 

12.  A statement  of  receipts  and  ex- 

penditures of  public  moneys 

shall  be  published  yearly. 

ARTICLE  XII. 

Pahlic  Accounts  and  Expenditures. 

1.  No  money  shall  be  paid  out  of 

the  treasury  except  upon  ap- 
propriation. 

2.  Appropriation  bills  shall  embrace 

nothing  but  appropriations. 

3.  Extra  compensation  shall  not  be  j 

granted  to  any  public  officer,  ' 
etc.  I 

4.  An  itemized  statement  of  all  re-  1 

ceipts  and  expenditures  of  pub- 
lic moneys  shall  be  published 
annually.  j 

ARTICLE  XIII. 

Public  Indebtedness.  j 

1.  Neither  the  State,  nor  any  of  its  i 

subdivisions,  shall  loan  or  give 
its  credit. 

2.  The  State  may  contract  debts 

not  to  exceed  $100,000. 

3.  Indebtedness  of  the  State  limited 

by  section  2 shall  be  in  addition 
to  the  debt  of  the  Territory, 
assumed  and  paid  by  the  State. 


Section 

4.  The  debt  of  any  subdivision  of 

the  State  shall  never  exceed 
five  per  cent  upon  the  valua- 
tion of  taxable  property  there- 
in. 

5.  Any  subdivision  of  the  State, 

before  incurring  indebtedness, 
shall  provide  for  the  collection 
of  an  annual  tax,  etc. 

6.  In  regard  to  the  payment  of 

debts  and  liabilities  contracted 
by  and  in  behalf  of  the  Terri- 
tory of  Dakota,  etc. 

7.  The  State  of  South  Dakota  here- 

by obligates  itself,  etc. 

8.  Refunding  bonds  may  be  issued 

to  the  amount  of  $107,500,  bear- 
ing interest  at  four  per  cent, 
etc. 

ARTICLE  XIV. 

State  Institutions. 

1.  The  charitable  and  penal  insti- 

tutions of  the  State. 

2.  They  shall  be  under  the  control 

of  the  State. 

3.  State  educational  institutions. 

4.  Board  of  trustees  shall  hold  their 

office  for  five  years. 

ARTICLE  XV. 

Militia. 

1.  Those  eligible  for  the  militia. 

2.  They  shall  be  uniformed,  equip- 

ped and  disciplined. 

3.  In  organizing  the  militia,  it  shall 

conform  as  nearly  as  possible 
to  the  armies  of  the  United 
States. 

4.  Militia  officers  shall  be  commis- 

sioned by  the  Governor. 

5.  Except  in  certain  cases,  the 

militia  shall  be  privileged  from 
arrest. 

6.  Military  records,  banners,  etc., 

shall  be  preserved  in  the  office 
of  the  Adjutant-General. 

7.  No  person  having  conscientious 

scruples  against  bearing  arms 
shall  be  compelled  to  do  mili- 
tary duty  in  time  of  peace. 


352 


CONSTITUTION  OF  SOUTH  DAKOTA. 


ARTICLE  XVI. 

Impeachment  and  Remomlfrom  Office^- 

Section 

1.  The  sole  power  of  impeachment 

is  in  the  House  of  Representa- 
tives. 

2.  Shall  be  tried  by  the  Senate. 

3.  Which  officers  are  liable  to  im- 

peachment. 

4.  Other  officers  subject  to  removal. 

6.  May  not  exercise  the  duties  of 

office  after  impeachment. 

6.  On  trial  of  impeachment  against 

the  Governor,  the  Lieutenant- 
Governor  shall  not  act  as  a 
member  of  the  court. 

7.  To  be  served  with  a copy  of  im- 

peachment at  least  twenty 
days  before  trial. 

8.  No  person  liable  to  impeachment 

twice  for  the  same  offense. 

ARTICLE  XVII. 

Corporations. 

1.  The  Legislature  shall  provide  by 

general  laws  for  the  organiza-  j 
tion  of  corporations.  I 

2.  All  existing  charters  under  which  j 

organization  shall  not  have 
taken  place  at  the  time  this 
Constitution  takes  effect,  shall 
be  valid. 

5.  The  Legislature  shall  not  remit  I 

the  forfeiture  of  the  charter  of  ! 
any  corporation  now  existing. 

4.  The  right  of  eminent  domain. 

5.  In  all  elections  for  directors  or 

managers  of  corporations,  each 
shareholder  may  cast  the  whole 
number  of  his  votes  for  one 
candidate,  or  distribute  them 
upon  two  or  more. 

6.  Corporations  to  do  business  in 

this  State  must  have  one  or 
more  places  of  business. 

7.  No  corporation  shall  engage  In 

any  business  other  than  that 
authorized  in  its  charter. 

8.  In  regard  to  the  right  of  cor- 

porations to  issue  stocks  or 
bonds. 

9.  The  Legislature  shall  have  the 


Section 

power  to  alter,  revise  or  annul 
the  charter  of  any  corporation 
now  existing. 

10.  The  right  to  construct  or  operate 

a street  railroad  within  any 
city,  town  or  incorporated  vil- 
lage, to  be  granted  by  the  local 
authorities. 

11 . Telegraph  companies  may  con- 

struct and  maintain  lines  and 
connect  with  other  lines  within 
the  State. — They  may  not  con- 
solidate with'  competing  lines. 

12.  Railroads  doing  business  within 

this  State  shall  maintain  a 
public  office  within  the  State. 
— The  directors  of  every  rail- 
road corporation  shall  make  an 
annual  report. 

13.  The  rolling  stock  and  other  mov- 

able property  of  railroads  shall 
be  considered  personal  prop- 
erty. 

14.  No  railroad  corporation  shall 

consolidate  with  any  parallel 
or  competing  line. 

15.  Railroads  are  declared  public 

highways  and  railroad  com- 
panies common  carriers. 

16.  Railroads  may  connect  with 

other  roads. 

17.  Laws  shall  be  passed  to  correct 

abuses  and  prevent  extortion 
in  the  rates  of  freight  and  pas- 
senger tariffs. 

18.  Private  property  taken  for  public 

use  shall  have  just  compensa- 
tion. 

19.  The  term  corporation  defined. 

ARTICLE  XVIII. 

Banking  and  Currency. 

1.  If  a general  banking  law  shall  be 

enacted,  etc. 

2.  Every  banking  company  shall 

cease  all  banking  operations 
within  twenty  years. 

3.  The  stockholders  shall  be  held 

individually  responsible  for  the 
debts  of  the  bank. 


COiNSTlTUTlON  OF  SOUTH  DAKOTA. 


353 


ARTICLE  XIX. 

Congressional  and  Legislative  Apportion- 
ment. 

Section 

1.  Until  otherwise  provided  by  law, 

the  United  States  representa- 
tives shall  be  elected  by  the 
State  at  large. 

2.  The  senatorial  and  representa- 

tive districts  shall  be  as  fol- 
lows. 

ARTICLE  XX. 

Seat  of  Government. 

1.  The  location  of  a temporary  seat 

of  government. 

2.  A temporary  seat  of  government 

shall  be  provided  for. 

3.  In  case  of  tie  in  choice  of  seat 

of  government. 

ARTICLE  XXI. 
Miscellaneous. 

1.  The  seal  and  coat  of  arms  of  the 

State. 

2.  Compensation  of  public  officers. 

3.  Oath  of  office. 

4.  Exemptions. 

5.  Rights  of  married  women. 

ARTICLE  XXII. 

Ihe  Compact  With  the  United  States- 
1.  The  compact. 

ARTICLE  XXIII. 

Amendments  and  Revision  of  the  Const 
tuiion. 

1.  Amendments  may  be  proposed 

from  either  house. 

2.  The  Constitution  may  be  revised. 

ARTICLE  XXIV. 
Prohibition. 

1.  To  be  voted  on. 

ARTICLE  XXV. 

Minority  Representa tion. 

1.  The  House  of  Representatives 
shall  consist  of  three  times  the 
number  of  the  members  of  the 

23 


Section 

Senate. — Term  of  office  two 
years. 

2.  The  manner  of  voting  for  the 
same. 

ARTICLE  XXVI. 

Schedule  and  Ordinance. 

1.  In  order  to  avoid  inconvenience 

by  a change  from  a Territorial 
to  State  government. 

2.  All  moneys  accruing  to  the  Ter- 

ritory shall  accrue  to  the  State. 

3.  All  bond  obligations  and  other 

undertakings,  undertaken  be- 
fore this  Constitution,  shall  re- 
main valid. 

4.  All  officers  holding  office  under 

the  Territory  shall  continue. 

5.  This  Constitution  shall  be  sub- 

mitted to  the  electors. 

6.  The  temporary  seat  of  govern- 

ment shall  be  determined  on. 

7.  The  election  provided  for  herein 

shall  be  under  the  provisions 
of  the  Constitution  herewith 
submitted. 

8.  The  votes  to  be  counted  after 

election  and  the  return  to  be 
certified  to. 

9.  Within  five  days  after  election 

the  results  of  the  elections 
shall  be  canvassed. 

10.  When  two  or  more  counties  are 

connected  in  one  senatorial  or 
representative  district,  clerks 
and  auditors  have  certain 
duties  to  perform. 

11.  The  Secretary  of  the  Territory 

shall  receive  all  returns. 

12.  The  apportionment  made  in  this 

Constitution  shall  govern  the 
election. 

13.  When  the  Legislature  elected 

under  the  provisions  of  this 
Constitution  shall  assemble. 

14.  The  oath  of  office  to  be  taken, 

and  the  election  of  two  United 
States  Senators  shall  be  made. 

15.  After  their  election  the  Legisla- 

ture shall  adjourn. 

16.  In  regard  to  what  Is  contained 

in  the  Constitution  and  sched- 
ule. 


354 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Section 

17.  The  ordinances  and  schedule  are 

held  to  be  valid. 

18.  That  we,  the  people  of  South 

Dakota,  do  ordain,  etc. 

19.  The  tenure  of  officers  elected  as 

provided  for  in  this  schedule. 

20.  When  the  first  general  election 

under  the  provisions  of  this 
Constitution  shall  be  held. 


Section 

21.  The  form  of  ballot. 

22.  The  Constitution,  after  being 

signed  by  the  convention,  etc. 

23.  The  agreement  made  by  the 

joint  commission  of  the  con- 
stitutional conventions  of 
North  and  South  Dakota  in  re- 
gard to  the  Territory,  is  rati- 
fied and  confirmed. 


PREAMBLE. 

We,  the  people  of  South  Dakota,  grateful  to  Alruighty  God  for 
our  civil  and  religious  liberties,  in  order  to  form  a more  perfect 
and  independent  government,  establish  justice,  insure  tran- 
quility, provide  for  the  common  defense,  promote  the  general 
welfare  and  preserve  to  ourselves  and  to  our  posterity  the 
blessings  of  liberty,  do  ordain  and  establish  this  Constitution 
for  the  State  of  South  Dakota. 


ARTICLE  I. 

Name  and  Boundary. 

Section  1.  The  name  of  the  State  shall  be  South  Dakota. 

Sec.  2.  The  boundaries  of  the  State  of  South  Dakota  shall  be 
as  follows:  Beginning  at  the  point  of  intersection  of  the  w^est- 
ern  boundary  line  of  the  State  of  Minnesota  with  the  northern 
boundary  line  of  Ihe  State  of  low^a,  and  running  thence  northerly 
along  the  western  boundary  line  of  the  State  of  Minnesota  to  its 
intersection  with  the  seventh  standard  parallel;  thence  west  on 
the  line  of  the  seventh  standard  parallel  produced  due  west  to  its 
intersection  with  the  twenty-seventh  meridian  of  longitude  west 
from  Washington;  thence  south  on  the  twenty-seventh  meridian 
of  longitude  west  from  Washington  to  its  intersection  with  the 
northern  boundary  line  of  the  State  of  Nebraska;  thence  easterly 
along  the  northern  boundary  line  of  the  State  of  Nebraska  to  its 
intersection  with  the  western  boundary  line  of  the  State  of 
Iowa;  thence  northerly  along  the  western  boundary  line  of  the 
State  of  Iowa  to  its  intersection  with  the  northern  boundary  line 
of  the  State  of  Iowa;  thence  east  along  the  northern  boundary 
line  of  the  State  of  low^a  to  the  place  of  beginning. 


355 


CONSTITUTION  OF  SOUTH  DAKOTA. 

ARTICLE  II. 

Division  of  the  Powers  of  Government . 

The  powers  of  the  government  of  the  State  are  divided  into 
three  distinct  departments -- the  legislative,  executive  and  judi- 
cial; and  the  powers  and  duties  of  each  are  prescribed  bv  this 
Constitution. 

ARTICLE  III. 

Legislative  Department. 

Section  1.  The  legislative  power  shall  be  vested  in  a Legisla- 
ture, which  shall  consist  of  a Senate  and  House  of  Represen- 
tatives. 

Sec.  2.  The  number  of  members  of  the  House  of  Represen- 
tatives shall  not  be  less  than  seventy-five,  nor  more  than  one 
hundred  and  thirty-five.  The  number  of  members  of  the  Senate 
shall  not  be  less  than  twenty-five,  nor  more  than  forty-five. 

The  sessions  of  the  Legislature  shall  be  biennial,  except  as 
otherwise  provided  in  this  Constitution. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  Senator  who 
is  not  a qualified  elector  in  the  district  from  which  he  may  be 
chosen,  and  a citizen  of  the  United  States,  and  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  who  shall  not  have  been 
a resident  of  the  State  or  Territory  for  two  years  next  preceding 
his  election. 

No  person  shall  be  eligible  to  the  office  of  Representative  who 
is  not  a qualified  elector  in  the  district  from  w^hich  he  may  be 
chosen,  and  a citizen  of  the  United  States,  and  who  shall  not 
have  been  a resident  of  the  State  or  Territory  for  two  years  next 
preceding  his  election,  and  who  shall  not  have  attained  the  age 
of  twenty-five  years. 

No  judge  or  clerk  of  any  court.  Secretary  of  State,  Attorney- 
General,  State’s  Attorney,  recorder,  sheriff  or  collector  of  public 
moneys,  member  of  either  house  of  Congress,  or  person  holding 
any  lucrative  office  under  the  United  States  or  this  State,  or  any 
foreign  government,  shall  be  a member  of  the  Legislature:  Pro- 
vided, That  appointments  in  the  militia,  the  offices  of  notary 
public  and  justice  of  the  peace  shall  not  be  considered  lucrative; 
nor  shall  any  person  holding  any  office  of  honor  or  profit  under 
any  foreign  government  or  under  the  government  of  the  United 


356 


CONSTITUTION  OF  SOUTH  DAKOTA. 


States,  except  postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  three  hundred  dollars,  hold  any  office  in  either 
branch  of  the  Legislature  or  become  a member  thereof. 

Sec.  4.  No  person  who  has  been,  or  hereafter  shall  be,  con- 
victed of  bribery,  perjury  or  other  infamous  crime,  nor  any  person 
who  has  been,  or  may  be  collector  or  holder  of  public  moneys 
who  shall  have  accounted  for  and  paid  over,  according  to  law, 
all  such  moneys  due  from  him,  shall  be  eligible  to  the  Legislature 
or  to  any  office  in  either  branch  thereof. 

Sec.  5.  The  Legislature  shall  provide  by  law  for  the  enumera- 
tion of  the  inhabitants  of  the  State  in  the  year  one  thousand 
eight  hundred  and  ninety-five  and  every  ten  years  thereafter, 
and  at  its  regular  session  after  each  enumeration,  and  also  after 
each  enumeration  made  by  authority  of  the  United  States,  but  at 
no  other  time,  the  Legislature  shall  apportion  the  Senators  and 
Eepresentatives  according  to  the  number  of  inhabitants,  exclud- 
ing Indians  not  taxed  and  soldiers  and  officers  of  the  United 
States  army  and  navy:  Provided,  That  the  Legislature  may 

make  an  apportionment  at  its  first  session  after  the  admission 
of  South  Dakota  as  a State. 

Sec.  6.  The  terms  of  the  office  of  the  members  of  the  Legisla- 
ture shall  be  two  years;  they  shall  receive  for  their  services  the 
sum  of  five  dollars  for  each  day’s  attendance  during  the  session 
of  the  Legislature;  and  five  cents  for  every  mile  of  necessary 
travel  in  going  to  and  returning  from  the  place  of  meeting  of 
the  Legislature  on  the  most  usual  route. 

Each  regular  session  of  the  Legislature  shall  not  exceed  sixty 
days,  except  in  cases  of  impeachment,  and  members  of  the  Leg- 
islature shall  receive  no  other  pay  or  perquisites  except  per  diem 
and  mileage. 

Sec.  7.  The  Legislature  shall  meet  at  the  seat  of  government 
on  the  first  Tuesday  after  the  first  Monday  of  January  at  twelve 
o’clock  M.,  in  the  j^ear  next  ensuing  the  election  of  members 
thereof,  and  at  no  other  time  except  as  provided  by  this  Consti- 
tution. 

•Sec.  8.  Members  of  the  Legislature  and  officers  thereof,  before 
they  enter  upon  their  official  duties,  shall  take  and  subscribe 
the  following  oath  or  affirmation : I do  solemnly  swear  (or  affirm) 
that  I will  support  the  Constitution  of  the  United  States  and  the 
Constitution  of  the  State  of  South  Dakota,  and  wiU  faithfully  dis- 


COXSTITUTTOX  OF  SOUTH  DAKOTA. 


357 


charp.-e  tlie  duties  of  (Senator,  Represen tntive  or  officer)  accord- 
ing to  the  best  of  my  abilities,  and  that  I have  not  knowingly  or 
intentionally  paid  or  contributed  anything,  or  made  any  promise 
in  the  nature  of  a bribe,  to  directly  or  indirectly  influence  any 
vote  at  the  election  at  which  I was  chosen  to  All  said  office,  and 
have  not  accepted,  nor  will  I accept  or  receive  directly  or  indi- 
rectly, any  money,  pass  or  any  other  valuable  thing,  from  any 
corporation,  company  or  person  for  any  vote  or  influence  I may 
give  or  withhold  on  any  bill  or  resolution,  or  appropriation,  or  for 
any  other  official  act. 

This  oath  shall  be  administered  by  a judge  of  the  Supreme 
or  Circuit  Court,  or  the  presiding  officer  of  either  house,  in  the 
hall  of  the  house  to  which  the  member  or  officer  is  elected,  and 
the  Secretary  of  State  shall  record  and  file  the  oath  subscribed 
by  each  member  and  officer. 

Any  member  or  officer  of  the  Legislature  who  shall  refuse  to 
take  the  oath  herein  yjrescribed  shall  forfeit  his  office. 

Any  member  or  officer  of  the  Legislature  who  shall  be  con- 
victed of  having  sworn  falsely  to,  or  violated  his  said  oath,  shall 
forfeit  his  office,  and  be  disqualified  thereafter  from  holding  the 
office  of  Senator  or  member  of  the  House  of  Representatives,  or 
any  office  within  the  gift  of  the  Legislature. 

Sec.  9.  Each  house  shall  be  the  judge  of  the  election  returns 
and  qualifications  of  its  own  members. 

A majority  of  the  members  of  each  house  shall  constitute  a 
quorum,  but  a smaller  number  may  adjourn  from  day  to  day, 
and  may  compel  the  attendance  of  absent  members  in  such  a 
manner  and  under  such  penalty  as  each  house  may  provide. 

Each  house  shall  determine  the  rules  of  its  proceedings,  shall 
choose  its  own  officers  and  employes  and  fix  the  pay  thereof, 
except  as  otherwise  provided  in  this  Constitution. 

Sec.  10.  The  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  may  occur  in  either  house  of  the  Legislature. 

Sec.  11.  Senators  and  Representatives  shall,  in  all  cases  ex- 
cept treason,  felony  or  breach  of  peace,  be  privileged  from  arrest 
during  the  session  of  the  Legislature,  and  in  going  to  and  return- 
ing from  the  same;  and  for  words  used  in  any  speech  or  debate 
in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

Sec.  12.  Xo  member  of  the  Legislature  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  or  elected  to  any  civil 
office  in  the  State  which  shall  have  been  created  or  the  emolu- 


358 


CONSTITUTION  OF  SOUTH  DAKOTA. 


ments  of  which  shall  have  been  increased  during  the  term  for 
which  he  was  elected,  nor  shall  any  member  receive  any  civil 
appointment  from  the  Governor,  the  Governor  and  Senate,  or  from 
the  Legislature  during  the  term  for  which  he  shall  have  been 
elected  and  all  such  appointnients  and  all  votes  given  for  any 
such  members  for  any  such  office  or  appointment  shall  be  void; 
nor  shall  any  member  of  the  Legislature  during  the  term  for 
Which  he  shall  have  been  elected,  or  within  one  year  thereafter, 
be  interested,  directly  or  indirectly,  in  any  contract  with  the 
State  or  any  county  thereof,  authorized  by  any  law  passed  during 
the  term  for  which  he  shall  have  been  elected. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings 
and  publish  the  same  from  time  to  time,  except  such  parts  as 
require  secrecy,  and  the  yeas  and  nays  of  members  on  any^ 
question  shall  be  taken  at  the  desire  of  one-sixth  of  those  present 
and  entered  upon  the  journal. 

Sec.  14.  In  all  elections  to  be  made  by  the  Legislature  the 
members  thereof  shall  vote  viva  voce,  and  their  votes  shall  be 
entered  in  the  journal. 

Sec.  15.  The  sessions  of  each  house  and  of  the  committee  of 
the  whole  shall  be  open,  unless  when  the  business  is  such  as 
ought  to  be  kept  secret. 

Sec.  16.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 

Sec.  17.  Every  bill  shall  be  read  three  several  times,  but  the 
first  and  second  reading  may  be  on  the  same  day,  and  the  second 
reading  may  be  by  the  title  of  the  bill,  unless  the  reading  at  length 
be  demanded.  The  first  and  third  readings  shall  be  at  length. 

•Sec.  18.  The  enacting  clause  of  a law  shall  be:  Be  it  enacted 

by  the  Legislature  of  the  State  of  South  Dakota,”  and  no  law 
shall  be  passed  unless  by  assent  of  a majority  of  all  the  members 
elected  to  each  house  of  the  Legislature.  And  the  question  upon 
the  final  passage  shall  be  taken  upon  its  last  reading,  and  the 
yeas  and  nays  shall  be  entered  upon  the  journal. 

Sec.  19.  The  presiding  officer  of  each  house  shall,  in  the  pres- 
ence of  the  house  over  which  he  presides,  sign  all  bills  and  joint 
resolutions  passed  by  the  Legislature,  after  their  titles  have  been 
publicly  read  immediately  before  signing,  and  the  fact  of  signing 
shall  be  entered  upon  the  journal. 


V 


CONSTITUTION  OF  SOUTH  DAKOTA. 


859 


Sec.  20.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  a bill  passed  by  one  house  may  be  amended  in  the 
other. 

Sec.  21.  No  bill  shall  embrace  more  than  one  subject,  which 
shall  be  expressed  in  its  title. 

Sec.  22.  No  act  shall  take  effect  until  ninety  days  after  the 
adjournment  of  the  session  at  which  it  passed,  unless  in  case  of 
emergency  (to  be  expressed  in  the  preamble  or  body  of  the  act) 
the  Legislature  shall,  by  a vote  of  two-thirds  of  all  the  members 
elected  to  each  house,  otherwise  direct. 

Sec.  23.  The  Legislature  is  prohibited  from  enacting  any 
private  or  special  laws  in  the  following  cases : 

1.  Granting  divorces. 

2.  Changing  the  names  of  persons  or  places,  or  constituting 
one  person  the  heir-at-law  of  another. 

3.  Locating  or  changing  county  seats. 

4.  Kegulating  county  and  township  affairs. 

5.  Incorporating  cities,  towns  and  villages,  or  changing  or 
amending  the  charter  of  any  town,  city  or  village,  or  laying  out, 
opening,  vacating  or  altering  town  plats,  streets,  wards,  alleys 
and  public  ground. 

6.  Providing  for  sale  or  mortgage  of  real  estate  belonging 
to  minors  or  others  under  disability. 

7.  Authorizing  persons  to  keep  ferries  across  streams  wholly 
within  the  State. 

8.  Kemitting  fines,  penalties  or  forfeitures. 

9.  Granting  to  an  individual,  association  or  corporation  any 
special  or  exclusive  privilege,  immunity  or  franchise  whatever. 

10.  Providing  for  the  management  of  common  schools. 

11.  Creating,  increasing  or  decreasing  fees,  percentages  or 
allowances  of  public  officers  during  the  term  for  which  said 
officers  are  elected  or  appointed. 

But  the  Legislature  may  repeal  any  existing  special  law  relat- 
ing to  the  foregoing  subdivisions. 

In  all  other  cases  where  a general  law  can  be  applicable,  no 
special  law  shall  be  enacted. 

Sec.  24.  The  Legislature  shall  have  no  power  to  release  or 
extinguish,  in  whole  or  in  part,  the  indebtedness,  liability  or 
obligation  of  any  corporation  or  individual  to  this  State  or  to 
any  municipal  corporation  therein. 


360 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  25.  The  Legislature  shall  not  authorize  any  game  of 
chance,  lottery  or  gift  enterprise,  under  any  pretense  or  for  any 
purpose  whatever. 

•Sec.  26.  The  Legislature  shall  not  delegate  to  any  special 
commission,  private  corporation,  or  association,  any  power  to 
money,  property,  effects,  whether  held  in  trust  or  otherwise,  or 
levy  taxes,  or  to  select  a capital  site,  or  to  perform  any  municipal 
functions  whatever. 

Sec.  27.  The  Legislature  shall  direct  by  law  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  State. 

Sec.  28.  Any  person  who  shall  give,  demand,  offer,  directly 
or  indirectly,  any  money,  testimonial,  privilege  or  personal 
advantage,  thing  of  value  to  any  executive  or  judicial  officer  or 
member  of  the  Legislature,  to  influence  him  in  the  performance 
of  any  of  his  official  or  public  duties,  shall  be  guilty  of  bribery, 
and  shall  be  punished  in  such  manner  as  shall  be  provided  by 
law. 

The  offense  or  corrupt  solicitation  of  members  of  the  Legisla- 
ture, or  of  public  officers  of  the  State,  or  any  municipal  division 
thereof,  and  any  effort  toward  solicitation  of  said  members  of 
the  Legislature  or  officers  to  influence  their  official  action  shall 
be  defined  by  law,  and  shall  be  punishable  by  fine  and  imprison- 
ment. 

Any  person  may  be  compelled  to  testify  in  investigation  or 
judicial  proceedings  against  any  person  charged  with  having 
committed  any  offense  of  bribery  or  corrupt  solicitation,  and 
shall  not  be  permitted  to  withhold  his  testimony  upon  the  ground 
that  it  may  criminate  himself,  but  said  testimony  shall  not  after- 
wards be  used  against  him  in  any  judicial  proceeding  except 
for  bribery  in  giving  such  testimony,  and  any  person  convicted 
of  either  of  the  ofibnses  aforesaid  shall  be  disqualified  from 
holding  any  office  or  position  or  office  of  trust  or  profit  in  this 
State. 

ARTICLE  IV. 

Kvecuti ve  Department. 

Section  1.  The  executive  power  shall  be  vested  in  a Governor 
who  shall  hold  his  office  two  years.  A Lieutenant-Governor  shall 
be  elected  at  tlie  same  time  and  for  the  same  term. 

Sec.  2.  No  ])erson  shall  be  eligible  to  the  office  of  Governor 
or  Lieu ieiia lit -Governor  except  a citizen  of  the  United  States, 


CONSTITUTION  OF  SOUTH  DAKOTA. 


301 


and  a qualified  elector  of  the  State,  who  shall  have  attained  the 
age  of  thirty  years,  and  who  shall  have  resided  two  years  next 
preceding  the  election  within  the  State  or  Territory;  nor  shall 
he  be  eligible  to  any  other  office  during  the  term  for  which  he 
shall  have  been  elected. 

Sec..  3.  The  Governor  and  Lieutenant  - Governor  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  time  and 
places  of  choosing  members  of  the  Legislature.  The  persons 
respectively  having  the  highest  number  of  votes  for  Governor 
and  Lieutenant-Governor  shall  be  elected;  but  if  two  or  more 
shall  have  an  equal  and  highest  number  of  votes  for  Governor  or 
Lieutenant-Governor,  the  two  houses  of  the  Legislature  at  its 
next  regular  session  shall  forthwith,  by  joint  ballot,  choose  one 
of  such  persons  for  said  office.  The  returns  of  the  election  for 
Governor  and  Lieutenant-Governor  shall  be  made  in  such  man- 
ner as  shall  be  prescribed  by  law. 

Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the  mili- 
tary and  naval  forces  of  the  State,  except  when  they  shall  be 
called  into  the  service  of  the  United  States,  and  may  call  out 
the  same  to  execute  laws,  suppress  insurrection  and  repel 
invasion.  He  shall  haA^e  power  to  coiiA’ene  the  Legislature  on 
extraordinary  occasions.  He  shall,  at  the  commencement  of 
each  session,  communicate  to  the  Legislature  by  message,  infor- 
mation of  the  condition  of  the  State,  and  shall  recommend  sucli 
measures  as  he  shall  deem  expedient.  He  shall  transact  all 
necessary  business  Avith  the  officers  of  the  government,  civil 
and  military.  He  shall  expedite  all  such  measures  as  mav  be 
resolved  upon  by  the  Legislature,  and  shall  take  care  that  the 
laws  be  faithfully  executed. 

Sec.  5.  The  Governor  shall  haA^e  t^e  power  to  remit  fines  and 
forfeitures,  to  grant  reprieATS,  commutations  and  pardons  after 
conviction,  for  all  offenses  except  treason  and  cases  of  impeach- 
ment: ProAuded,  That  in  all  cases  where  the  sentence  of 

the  court  is  capital  punishment,  imprisonment  for  life,  or  for  a 
longer  term  tlnyi  tAvo  years,  or  a fine  exceeding  tAvo  hundred 
dollars,  no  pardon  shall  be  granted,  sentence  commuted  or  fine 
remitted,  except  upon  the  recommendation  in  writing  of  a 
board  of  pardons,  consisting  of  the  presiding  judge.  Secretary 
of  State  and  Attorney-General,  after  a full  hearing  in  open  ses- 
sion, and  such  recommendation,  with  the  reasons  therefor, 


3G2 


CONSTITUTION  OF  SOUTH  DAKOTA. 


shall  be  filed  in  the  office  of  the  Secretary  of  State,  but  the  Leg- 
islature may  by  law  in  all  cases  regulate  the  manner  in  which 
the  remission  of  fines,  pardons,  commutations  and  reprieves, 
may  be  applied  for.  Upon  conviction  for  treason  he  shall  have 
the  power  to  suspend  the  execution  of  the  sentence  until  the 
case  shall  be  reported  to  the  Legislature  at  its  next  regular  ses- 
sion, when  the  Legislature  shall  either  pardon  or  commute  the 
sentence,  direct  the  execution  of  the  sentence  or  grant  a fur- 
ther reprieve.  He  shall  communicate  to  the  Legislature  at  each 
regular  session  each  case  of  remission  of  fine,  reprieve,  commu- 
tation or  pardon,  granted  by  him  in  the  cases  in  which  he  is 
authorized  to  act  without  the  recommendation  of  the  said  board 
of  pardons,  stating  the  name  of  the  convict,  the  crime  df  which 
he  is  convicted,  the  sentence  and  its  date,  and  the  date  of  the 
remission,  commutation,  pardon  or  reprieve,  with  his  reasons 
for  granting  the  same. 

Sec.  6.  In  case  of  death,  impeachment,  resignation,  failure  to 
qualify,  absence  from  the  State,  removal  from  office  or  other 
disability  of  the  Governor,  the  powers  and  duties  of  the  office 
for  the  residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the 
disability  removed,  shall  devolve  upon  the  Lieutenant-Governor. 

Sec.  7.  The  Lieutenant-Governor  shall  be  president  of  the 
Senate,  but  shall  have  only  a casting  vote  therein.  If  during  a 
vacancy  in  the  office  of  Governor  the  Lieutenant-Governor  shall 
be  impeached,  displaced,  resign  or  die,  or  from  mental  or  physi- 
cal disease  or  otherwise  become  incapable  of  performing  the 
duties  of  his  office,  the  Secretarv^  of  State  shall  act  as  Governor 
until  the  vacancy  shall  be  filled  or  the  disability  removed. 

Sec.  8.  When  any  office  shall,  from  any  cause,  become  vacant 
and  no  mode  is  provided^by  the  Constitution  or  law  for  filling 
such  vacancy,  the  Governor  shall  have  the  power  to  fill  such 
vacancy  by  appointment. 

Sec.  9.  Every  bill  which  shall  have  passed  the  Legislature, 
shall,  before  it  becomes  a law,  be  presented  to  the  Governor. 
If  he  approve,  he  shall  sign  it  ; but  if  not,  he  shall  return  it  with 
his  object  ion  to  the  house  in  which  it  originated,  which  shall 
enter  the  objection  at  large  upon  the  journal  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration,  two-thirds  of  the 
nuunbers  present  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
togetluM*  with  the  objection,  to  the  other  house,  by  which  it 


CONSTITUTION  OF  SOUTH  DAKOTA. 


3G3 


shall  likewise  be  reconsidered,  and  if  it  be  approved  by  two- 
thirds  of  the  members  present,  it  shall  become  a law  ; but  in  all 
such  cases  the  vote  of  both  houses  shall  be  determined  by  the 
yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall  be  entered  upon  the  journal  of  each  house 
respectively.  If  any  bill  shall  (not)  be  returned  bj'  the  Governor 
within  three  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law,  unless  the  Legisla- 
ture shall,  by  its  adjournment,  prevent  its  return,  in  w’hich 
case  it  shall  be  filed,  with  his  objection,  in  the  office  of  the  Sec- 
retary of  State  within  ten  days  after  such  adjournment,  or 
become  a law. 

Sec.  10.  The  Governor  shall  have  powder  to  disapprove  of  any 
item  or  items  of  smj  bill  making  appropriations  of  money  embrac- 
ing distinct  items,  and  the  part  or  parts  of  the  bill  approved 
shall  be  law,  and  the  item  or  items  disapproved  shall  be  void, 
unless  enacted  in  the  following  manner  : If  the  Legislature 

be  in  session  he  shall  transmit  to  the  house  in  which  the  bill 
originated,  a copy  of  the  item  or  items  thereof  disapproved, 
together  with  his  objections  thereto,  and  the  items  objected  to 
shall  be  separately  reconsidered,  and  each  item  shall  then  take 
the  same  course  as  is  prescribed  for  the  passage  of  bills  over 
the  executive  veto. 

Sec.  11.  Any  Governor  of  this  State  who  asks,  receives,  or 
agrees  to  receive  any  bribe  upon  any  understanding  that  his 
oliicial  opinion,  judgment  or  action  shall  be  influenced  thereby, 
or  who  gives  or  offers,  or  promises  his  official  influence  in  con- 
sideration that  any  member  of  the  Legislature  shall  give  his 
official  vote  or  influence  on  any  particular  side  of  any  question  or 
matter  upon  which  he  may  be  required  to  act  in  his  official 
capacity,  or  w^ho  menaces  any  member  by  the  threatened  use  of 
his  veto  power  or  who  offers  or  promises  any  member  that  he, 
the  said  Governor,  wiU  appoint  any  particular  person  or  per- 
sons to  any  office  created  or  thereafter  to  be  created  in  considera- 
tion that  any  member  shall  give  his  official  vote  or  influence 
on  any  matter  pending  or  thereafter  to  be  introduced  into 
either  house  of  said  Legislature  or  w^ho  threatens  any  member 
that  he,  the  said  Governor,  will  remove  any  person  or  persons 
from  any  office  or  position  with  intent  to  in  any  manner  influ 
ence  the  official  action  of  said  member,  shall  be  punished  in  the 


364 


CONSTITUTION  OF  SOUTH  DxVKOTA. 


Ilia  liner  now,  or  that  may  hereafter  be,  provided  by  law,  and 
upon  conviction  thereof,  shall  forfeit  all  right  to  hold  or  exercise 
any  office  of  trust  or  honor  in  this  State. 

Sec.  12.  There  shall  be  chosen  by  the  qualified  electors  of  the 
State,  at  the  time  and  places  of  choosing  members  of  the  Legis- 
lature, a Secretary  of  State,  Auditor,  Treasurer,  Superintendent 
of  Public  Instruction,  commissioner  of  school  and  public  lands, 
and  an  Attorney-General,  who  shall  severally  hold  their  offices 
for  the  term  of  two  years,  but  no  p'erson  shall  be  eligible  to  the 
office  of  Treasurer  for  more  than  two  terms  consecutively.  They 
shall  respectively  keep  their  offices  at  the  seat  of  government. 

Sec.  13.  The  powers  and  duties  of  the  Secretary  of  State, 
Auditor,  Treasurer,  Superintendent  of  . Public  Instruction, 
commissioner  of  school  and  public  lands  and  Attorney-General 
shall  be  as  prescribed  by  law. 

AKTICLE  V. 

J udicial  Department. 

vSection  1.  The  judicial  powers  of  the  State,  except  as  in  this 
Constitution  otherwise  provided,  shall  be  vested  in  a Supreme 
Court,  Circuit  Courts,  County  Courts,  and  justices  of  the  peace, 
and  such  other  courts  as  may  be  created  by  law  for  cities  and 
incorporated  towns. 

Sec.  2.  The  Supreme  Court,  except  as  otherwise  provided  in 
this  Constitution,  shall  have  appellate  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State,  and  shall  have  a general 
superintending  control  over  all  inferior  courts  under  such  regu- 
lations and  limitations  as  may  be  prescribed  by  law. 

Sec.  3.  The  Supreme  Court  and  the  judges  thereof  shall  have 
power  to  issue  writs  of  habeas  corpus.  The  Supreme  Court  shall 
also  have  power  to  issue  writs  of  mandamus,  quo  warranto,  cer- 
tiorari, injunction,  and  other  original  and  remedial  writs,  with 
authority  to  hear  and  determine  the  same  in  such  cases  and 
under  such  regulations  as  may  be  prescribed  by  law:  Provided, 
however.  That  no  jury  trials  shall  be  allowed  in  said  Supreme 
Court,  but  in  ]0'O])ei‘  cases  questions  of  fact  may  be  sent  by  said 
court  to  a Circuit  Court  for  trial  before  a jury. 

Sec.  4.  At  lejist  two  terms  of  the  Supreme  Court  shall  be  held 
each  y('ar  at  the  seat  of  government. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


o»35 


Sec.  5.  The  Supreme  Court  shall  consist  of  three  judges,  to  he 
chosen  from  districts  by  qualified  electors  of  the  State  at  large, 
as  hereinafter  provided. 

Sec.  6.  The  number  of  said  judges  and  districts  may,  after 
five  years  from  the  admission  of  this  State  under  this  Constitu- 
tion be  increased  by  law  to  not  exceeding  five. 

Sec.  7.  A majority  of  the  judges  of  the  Supreme  Court  shall 
be  necessary  to  form  a quorum  or  to  pronounce  a decision,  but 
one  or  more  of  said  judges  may  adjourn  the  court  from  day  to 
day,  or  to  a day  certain. 

Sec.  8.  The  term  of  the  judges  of  the  Supreme  Court  who 
shall  be  elected  at  the  first  election  under  this  Constitution  shall 
be  four  years.  At  all  subsequent  elections  the  term  of  said 
judges  shall  be  six  years. 

Sec.  9.  The  judges  of  the  Supreme  Court  shall  by  rule  select 
from  their  number  a presiding  judge,  who  shall  act  as  such  for 
the  term  prescribed  by  such  rule. 

Sec.  10.  No  person  shall  be  eligible  to  the  office  of  judge 
of  the  Supreme  Court  unless  he  be  learned  in  the  law,  be 
at  least  thirty  years  of  age,  a citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  this  State  or  territory  at  least 
two  years  next  preceding  his  election,  and  at  the  time  of  his 
election  be  a resident  of  the  district  from  which  he  is  elected  ; 
but  for  the  purpose  of  re-election,  no  such  judge  shall  be  deemed 
to  have  lost  his  residence  in  the  district  by  reason  of  his 
removal  to  the  seat  of  government  in  the  discharge  of  his  official 
duties. 

Sec.  11.  Until  otherwise  provided  by  law,  the  districts  from 
which  the  said  judges  of  the  Supreme  Court  shall  be  elected 
shall  be  constituted  as  follows  : 

First  District  — All  that  portion  of  the  State  lying  west  of 
the  Missouri  river. 

Second  District  — All  that  portion  of  the  State  lying  east  of 
the  Missouri  river  and  south  of  the  second  standard  parallel. 

Third  District  — All  that  portion  of  the  State  lying  east  of 
the  Missouri  river  and  north  of  the  second  standard  parallel. 

Sec.  12.  There  shall  be  a clerk  and  also  a reporter  of  the 
Supreme  Court,  who  shall  be  appointed  by  the  judges  thereof 
and  who  shall  hold  office  during  the  pleasure  of  said  judges,  and 
whose  duties  and  emoluments  shall  be  prescribed  by  law,  and 


366 


CONSTITUTION  OF  SOUTH  DAKOTA. 


by  the  rules  of  the  Supreme  Court  not  inconsistent  with  law. 
The  Legislature  shall  make  provisions  for  the  publication  and 
distribution  of  the  decisions  of  the  Supreme  Court,  and  for  the 
sale  of  the  published  volumes  thereof.  No  private  person  or 
corporation  shall  be  allowed  to  secure  any  copyright  to  such 
decisions,  but  if  any  copyrights  are  secured  they  shall  inure 
wholly  to  the  benefit  of  the  State. 

Sec.  13.  The  Governor  shall  have  authority  to  require  the 
opinions  of  the  judges  of  the  Supreme  Court  upon  important 
questions  of  law  involved  in  the  exercise  of  his  executive  powers 
and  upon  solemn  occasions. 

Circuit  Courts, 

Sec.  14.  The  Circuit  Courts  have  original  jurisdiction  of 
all  actions  and  cases,  both  at  law  and  in  equity,  and  such  appel- 
late jurisdiction  as  may  be  conferred  by  law  and  consistent 
with  this  Constitution  ; such  jurisdiction  as  to  value  and  amount 
and  grade  of  offenses  may  be  limited  by  law.  They  and  the 
judges  thereof  shall  also  have  jurisdiction  and  power  to  issue 
writs  of  habeas  corpus,  mandamus,  quo  warranto,  certiorari, 
injunction,  and  other  original  and  remedial  writs,  with  authority 
to  hear  and  determine  the  same. 

Sec.  15.  The  State  shall  be  divided  into  judicial  circuits,  in 
each  of  which  there  shall  be  elected  by  the  electors  thereof  one 
judge  of  the  Circuit  Court  therein,  whose  term  of  ojQlce  shall  be 
four  years. 

Sec.  16.  Until  otherwise  ordered  by  law,  said  circuits  shall  be 
eight  ill  number  and  constituted  as  follows,  viz.: 

First  Circuit  — The  counties  of  Union,  Clay,  Yankton,  Turner, 
Bon  Homme,  Hutchinson,  Charles  Mix,  Douglas,  Todd,  Gregory, 
Tripp  and  Meyer. 

Second  Circuit  — The  counties  of  Lincoln,  Minnehaha,  McCook, 
Moody  and  Lake. 

Third  Circuit  — The  counties  of  Bookings,  Kingsbury,  Deuel, 
Hamlin,  Codington,  Clark,  Grant,  Roberts,  Day,  and  the 
Wahpeton  and  Sisseton  reservation,  except  such  portion  of  said 
reservation  as  lies  in  Marshall  county. 

Fourth  Circuit  — The  counties  of  Sanborn,  Davison,  Aurora, 
Brule,  Buffalo,  Jerauld,  Hanson,  Miner,  Lyman,  Presho,  and 
Pratt.  I , 


CONSTITUTION  OF  SOUTH  DAKOTA.  367 

Fifth  Circuit  — The  counties  of  Beadle,  Spink,  Brown  and 
Marshall. 

Sixth  Circuit  — The  counties  of  Hand,  Hyde,  Hughes,  Sully, 
Stanley,  Potter.  Faulk,  Edmunds,  Walworth,  Campbell,  McPher- 
son, and  all  that  portion  of  said  State  lying  east  of  the  Missouri 
river  and  not  included  in  any  other  judicial  circuit. 

Seventh  Circuit  — The  counties  of  Pennington,  Custer,  Fall 
River,  Shannon,  Washington,  Ziebach,  Sterling,  Nowlin,  Jackson, 
Washabaugh  and  Lugenbeel. 

Eighth  Circuit  — The  counties  of  Lawrence,  Meade,  Scobey, 
Butte,  Delano,  Pyatt,  Dewey,  Boreman,  Schnasse,  Rinehart, 
Martin,  Choteau,  Ewing,  Harding,  and  all  that  portion  of  said 
State  west  of  the  Missouri  river  and  north  of  the  Big  Cheyenne 
river  and  the  north  fork  of  the  Cheyenne  river  not  included  in 
any  other  judicial  circuit. 

Sec.  17.  The  Legislature  may,  whenever  two-thirds  of  the 
members  of  each  house  shall  concur  therein,  increase  the  num- 
ber of  judicial  circuits  and  the  judges  thereof,  and  divide  the 
State  into  judicial  circuits  accordingly,  taking  care  that  they 
be  formed  of  compact  territory  and  be  bounded  by  county  lines  ; 
but  such  increase  of  number  or  change  in  the  boundaries  of  dis- 
tricts shall  not  work  the  removal  of  any  judge  from  his  office 
during  the  term  for  which  he  shall  have  been  elected  or 
appointed. 

Sec.  18.  Writs  of  error  and  appeals  may  be  allowed  from  the 
decisions  of  the  Circuit  Courts  to  the  Supreme  Court  under  such 
regulations  as  may  be  prescribed  by  law. 

County  Courts. 

Sec.  19.  There  shall  be  elected  in  each  organized  county  a 
county  judge  who  shall  be  judge  of  the  County  Court  of  said 
county,  whose  term  of  office  shall  be  two  years  until  otherwise 
provided  by  law. 

Sec.  20.  County  Courts  shall  be  courts  of  record  and  shall 
have  original  jurisdiction  in  all  matters  of  probate  guardian- 
ship and  settlement  of  estates  of  deceased  persons,  and  such 
other  civil  and  criminal  jurisdiction  as  may  be  conferred  by 
law:  Provided,  That  such  courts  shall  not  have  jurisdiction  in 
any  case  where  the  debt,  damage,  claim  or  value  of  property 
involved  shall  exceed  one  thousand  dollars  except  in  matters  of 


3(>8 


CONSTITUTION  OF  SOUTH  DAKOTA. 


probate,  guardiansliip  and  the  estates  of  deceased  persons. 
Writs  of  error  and  appeal  may  be  allowed  from  County  to  Cir- 
cuit Courts,  or  to  the  Supreme  Court,  in  such  cases  and  in  such 
manner  as  may  be  prescribed  by  law : Provided,  That  no  appeal 
or  writ  of  error  shall  be  allowed  to  the  Circuit  Court  from  any 
judgment  rendered  upon  an  appeal  from  a justice  of  the  peace 
or  police  magistrate  for  cities  or  towns. 

Sec.  21.  The  County  Court  shall  not  have  jurisdiction  in  cases 
of  felony,  nor  shall  criminal  cases  therein  be  prosecuted  by  indict- 
ment; but  they  may  have  such  jurisdiction  in  criminal  matters, 
not  of  the  grade  of  felony,  as  the  Legislature  may  prescribe, 
and  the  prosecutions  therein  may  be  bj^  information  or  other- 
wise as  the  Legislature  may  provide. 

Justices  of  the  Peace. 

Sec.  22.  Justices  of  the  peace  shall  have  such  jurisdiction  as 
may  be  conferred  by  law,  but  they  shall  not  have  jurisdiction 
of  any  cause  wherein  the  value  of  the  property  or  the  amount 
in  controversy  exceeds  the  sum  of  one  hundred  dollars,  or  where 
the  boundaries  or  title  to  real  property  shall  be  called  in  ques- 
tion. 

Police  Magistrate. 

Sec.  23.  The  Legislature  shall  have  power  to  provide  for 
creating  such  police  magistrates  for  cities  and  towns  as  may  be 
deemed,  from  time  to  time,  necessary,  who  shall  have  jurisdic- 
tion of  all  cases  arising  under  the  ordinances  of  such  cities  and 
towns  respectively,  and  such  police  magistrates  may  also  be  con- 
stituted ex  officio  justices  of  the  peace  for  their  respective 
counties. 

State's  Attorney. 

Sec.  24.  The  Legislature  shall  have  power  to  provide  for 
State’s  attorneys  and  to  prescribe  their  duties  and  fix  their  com- 
pensation ; but  no  person  shall  be  eligible  to-  the  office  of  Attor- 
ney-General or  State’s  Attorney  who  shall  not  at  the  time  of  his 
election  be  at  least  twenty-five  years  of  age,  and  possess  all  the 
other  qualifications  for  judges  of  Circuit  Courts  as  prescribed  in 
this  aidicle. 

Miscellaneous. 

Sec.  25.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  Circuit  or  County  Courts,  unless  he  be  learned  in  the  law,  be 


CONSTITUTION  OF  SOUTH  DAKOTA.  3G9 

at  least  twenty-five  years  of  age,  and  a citizen  of  the  United 
States  j nor  unless  he  shall  have  resided  in  this  State  or  terri- 
tory at  least  one  year  next  preceding  his  election,  and  at  the 
time  of  his  election  he  a resident  of  the  county  or  circuit,  as  the 
case  may  he,  for  which  he  is  elected. 

Sec.  26.  The  judges  of  the  Supreme  Court,  Circuit  Courts  and 
County  Courts  shall  he  chosen  at  the  first  election  held  under 
the  provisions  of  this  Constitution,  and  thereafter  as  provided 
hy  law,  and  the  Legislature  may  provide  for  the  election  of  such 
officers  on  a different  day  from  that  on  which  an  election  is 
held  for  any  other  purpose,  and  may  for  the  purpose  of  making 
such  provision,  extend  or  abridge  the  term  of  office  for  any  of 
such  judges  then  holding,  hut  not  in  any  case  more  than  six 
months.  The  term  of  office  of  all  judges  of  Circuit  Courts, 
elected  in  the  several  judicial  circuits  throughout  the  State, 
shall  expire  on  the  same  day. 

Sec.  27.  The  time  of  holding  courts  within  said  judicial  cir- 
cuits and  counties  shall  he  as  provided  hy  law  ; hut  at  least  one 
term  of  the  Circuit  Court  shall  he  held  annually  in  each  organ- 
ized county,  and  the  Legislature  shall  make  provision  for 
attaching  unorganized  counties  or  territory  to  organized  counties 
for  judicial  purposes. 

Sec.  28.  Special  terms  of  said  courts  may  he  held  under  such 
regulations  as  may  he  provided  hy  law. 

Sec.  29.  The  judges  of  the  Circuit  Courts  may  hold  courts  in 
other  circuits  than  their  own,  under  such  regulations  as  may 
he  prescribed  hy  law. 

Sec.  30.  The  judges  of  the  Supreme  Court,  Circuit  Courts  and 
County  Courts  shall  each  receive  such  salary  as  may  he  pro- 
vided hy  law,  consistent  with  this  Constitution,  and  no  such 
judge  shall  receive  any  compensation,  perquisite  or  emoluments 
for  or  on  account  of  his  office  in  any  form  whatever,  except  such 
salary:  Provided,  That  county  judges  may  accept  and  receive 
such  fees  as  may  he  allowed  under  the  land  laws  of  the  United 
States. 

Sec.  31.  No  judge  of  the  Supreme  Court  or  Circuit  Court  shall 
act  as  attorney  or  counselor  at  law,  nor  shall  any  county  judge 
act  as  an  attorney  or  counselor  at  law  in  any  case  which  is  or 
may  he  brought  into  his  court,  or  which  may  be  appealed  there- 
from. 


21 


370 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  32.  There  shall  be  a clerk  of  the  Circuit  Court  in  each 
organized  county  who  shall  also  be  clerk  of  the  County  Court, 
and  who  shall  be  elected  by  the  qualified  electors  of  such  county. 
The  duties  and  compensation  of  said  clerk  shall  be  as  provided 
by  law  and  regulated  by  the  rules  of  the  court  consistent  with 
the  provisions  of  law. 

Sec.  33.  Until  the  Legislature  shall  provide  by  law  for  fixing 
the  tenns  of  court,  the  judges  of  the  Supreme,  Circuit  and 
County  Courts  respectively  shall  fix  the  terms  thereof. 

Sec.  34.  All  laws  relating  to  courts  shall  be  general  and  of 
uniform  operation  throughout  the  State,  and  the  organization, 
jurisdiction,  power,  proceedings  and  practice  of  all  the  courts 
of  the  same  class  or  grade,  so  far  as  regulated  by  law,  and  the 
force  and  effect  of  the  proceedings,  judgments  and  decrees  of 
such  courts  severally  shall  be  uniform:  Provided,  however.  That 
the  Legislature  may  classify  the  County  Courts  according  to  the 
population  of  the  respective  counties  and  fix  the  jurisdiction 
and  salary  of  the  judges  thereof  accordingly. 

' Sec.  35.  No  judge  of  the  Supreme  or  Circuit  Courts  shall  be 
elected  to  any  other  than  a judicial  office  or  be  eligible  thereto, 
during  the  term  for  which  he  was  elected  such  judge.  All  votes 
for  either  of  them  during  such  term  for  any  elective  office, 
except  that  of  judge  of  the  Supreme  Court,  Circuit  Court  or 
County  Court,  given  by  the  Legislature  or  the  people,  shall  be 
void. 

Sec.  36.  All  judges  or  other  officers  of  the  Supreme,  Circuit  or 
County  Courts  proHded  for  in  this  article  shall  hold  their  offices 
until  their  successors  respectively  are  elected  or  appointed  and 
qualified. 

Sec.  37.  All  officers  provided  for  in  this  article  shall  respec- 
tively reside  in  the  district,  county,  precinct,  city  or  town  for 
which  they  may  be  elected  or  appointed.  Vacancies  in  the 
elective  offices  proHded  for  in  this  article  shall  be  filled  l)y 
appointment  until  the  next  general  election  as  follows:  All 

judges  of  the  Supreme,  Circuit  and  County  Coprts  by  the  Gover- 
nor. All  other  judicial  and  other  officers  by  the  county  board 
of  the  counties  where  the  vacancy  occurs  ; in  cases  of  police 
magistrates,  by  the  municipality. 

Sec.  38.  All  process  shall  run  in  the  name  of  the  State  of 
South  Dakota.”  All  prosecutions  shall  be  carried  on  in  the 
name  of  and  by  authority  of  the  “ State  of  South  Dakota.” 


CONSTITUTION  OF  SOUTH  DAKOTA. 


371 


ARTICLE  VI. 

Bill  of  Rights. 

Section  1.  All  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  rights,  among  which  are  those  of 
enjoying  and  defending  life  and  liberty,  of  acquiring  and  pro- 
tecting property  and  the  pursuit  of  happiness.  To  secure  these 
rights  governments  are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed. 

Sec.  2.  No  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law. 

Sec.  3.  The  right  to  worship  God  according  to  the  dictates  of 
conscience  shall  never  be  infringed.  No  person  shall  be  denied 
any  civil  or  political  right,  privilege  or  position  on  account  of 
his  religious  opinions,  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  licentiousness,  the 
invasion  of  the  rights  of  others,  or  justify  practices  inconsistent 
with  the  peace  or  safety  of  the  State. 

No  person  shall  be  compelled  to  attend  or  support  any  ministry 
or  place  of  worship  against  his  consent,  nor  shall  any  preference 
be  given  by  law  to  any  religious  establishment  or  mode  of 
worship.  No  money  or  property  of  the  State  shall  be  given  or 
appropriated  for  the  benefit  of  any  sectarian  or  religious  society 
or  institution. 

Sec.  4.  The  right  of  petition,  and  of  the  people  peaceably  to 
assemble  to  consult  for  the  common  good  and  make  known  their 
opinions,  shall  never  be  abridged. 

Sec.  5.  Eveiy  person  may  freely  speak,  write  and  publish  on 
all  subjects,  beihg  responsible  for  the  abuse  of  that  right.  In 
all  trials  for  libel,  both  civil  and  criminal,  the  truth,  when  pub* 
lished  with  good  motives  and  for  justifiable  ends,  shall  be  a 
sufficient  defense.  The  jury  shall  have  the  right  to  determine 
the  fact  and  the  law  under  the  direction  of  the  court. 

Sec.  6.  The  right  of  trial  by  jury  shall  remain  inviolate,  and 
shall  extend  to  all  cases  at  law  without  regard  to  the  amount 
in  controversy,  but  the  Legislature  may  provide  for  a jury  of 
less  than  twelve  in  any  court  not  a court  of  record,  and  for 
the  decision  of  civil  cases  by  three-fourths  of  the  jury  in  any 
court. 

Sec.  7.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  defend  in  person  and  by  counsel ; to  demand  the 


372 


CONSTITUTION  OF  SOUTH  DAKOTA. 


nature  and  cause  of  the  accusation  against  him  ; to  have  a copy 
thereof  ; to  meet  the  witnesses  against  him  face  to  face  ; to  have 
compulsory  process  served  for  obtaining  witnesses  in  his  behalf^ 
and  to  a speedy  public  trial  by  an  impartial  Jury  of  the  county 
or  district  in  which  the  offense  is  alleged  to  have  been  committed. 

Sec.  8.  All  persons  shall  be  bailable  by  sufficient  sureties^ 
except  for  capital  offenses  when  proof  is  evident  or  presumption 
great.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless,  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Sec.  9.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself  or  be  twice  put  in  jeopardy  for 
the  same  offense. 

Sec.  10.  No  person  shall  be  held  for  a criminal  offense  unless 
on  the  presentment  or  indictment  of  the  grand  jury,  or  informa- 
tion of  the  public  prosecutor,  except  in  cases  of  impeachment,^ 
in  cases  cognizable  by  County  Courts,  by  justices  of  the  peace, 
and  in  cases  arising  in  the  army  and  navy,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger:  Pro- 

vided, That  the  grand  jury  may  be  modified  or  abolished  by  law. 

Sec.  11.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  warrant  shall  issue  but 
upon  probable  cause  supported  by  affidavit,  particularly  describ- 
ing the  place  to  be  searched  and  the  person  or  thing  to  be  seized. 

Sec.  12.  No  ex  post  facto  law,  or  law  impairing  the  obligation 
of  contracts  or  making  any  irrevocable  grant  of  privilege,  fran- 
chise or  immunity  shall  be  passed. 

Sec.  13.  Private  property  shall  not  be  taken  for  public  use, 
or  damaged,  without  just  compensation  as  determined  by  a jury, 
which  shall  be  paid  as  soon  as  it  can  be  ascertained  and  before 
possession  is  taken.  No  benefit  which  may  accrue  to  the  owner 
as  a result  of  an  improvement  made  by  any  private  corpora- 
tion shall  be  considered  in  fixing  the  compensation  for  property 
taken  or  damaged.  The  fee  of  land  taken  for  railroad  tracks  or 
other  highways  shall  remain  in  such  owners,  subject  to  the  use 
for  which  it  is  taken. 

Sec.  14.  No  distinction  shall  ever  be  made  by  law  between 
resident  aliens  and  citizens  in  reference  to  the  possession,  enjoy- 
ment or  descent  of  property. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


373 


Sec.  15.  No  person  shall  be  imprisoned  for  debt  arising  out 
of  or  founded  upon  a contract. 

Sec.  IG.  The  military  shall  be  in  strict  subordination  to  the 
civil  power.  No  soldier  in  time  of  peace  shall  be  quartered  in 
any  house  without  consent  of  the  owner,  nor  in  time  of  war 
except  in  the  manner  prescribed  by  law. 

Sec.  17.  No  tax  or  duty  shall  be  imposed  without  the  consent 
of  the  people  or  their  representatives  in  the  Legislature,  and  all 
taxation  shall  be  equal  and  unifonn. 

Sec.  18.  No  law  shall  be  passed  granting  to  any  citizen,  class 
of  citizens  or  corporation,  privileges  or  immunities  which  upon 
the  same  terms  shall  not  equally  belong  to  all  citizens  or  cor- 
porations. 

Sec.  19.  Elections  shall  be  free  and  equal,  and  no  power,  civil 
or  military,  shall  at  any  time  interfere  to  prevent  the  free 
exercise  of  the  right  of  suffrage.  Soldiers  in  time  of  war  may 
vote  at  their  post  of  duty  in  or  out  of  the  State  under  regula- 
tions to  be  prescribed  by  the  Legislature. 

Sec.  20.  All  courts  shall  be  open,  and  every  man  for  an  injury 
done  him  in  his  property,  person  or  reputation,  shall  have 
remedy  by  due  course  of  law,  and  right  and  justice  administered 
without  denial  or  delay. 

Sec.  12.  No  power  of  suspending  laws  shall  be  exercised, 
unless  by  the  Legislature  or  its  authority. 

Sec.  22.  No  person  shall  be  attainted  of  treason  or  felony  by 
the  Legislature. 

Sec.  23.  Excessive  bail  shall  not  be  required,  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

Sec.  24.  The  right  of  the  citizens  to  bear  arms  in  defense  of 
themselves  and  the  State  shall  not  be  denied. 

Sec.  25.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  in  adhering  to  its  enemies  or  in  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  confession  in  open  court. 

Sec.  26.  All  political  power  is  inherent  in  the  people,  and  all 
free  government  is  founded  on  their  authority  and  is  instituted 
for  their  equal  protection  and  benefit,  and  they  have  the  right 
in  lawful  and  constituted  methods  to  alter  or  reform  their  forma 
of  government  in  such  manner  as  they  may  think  proper.  And 


374 


CONSTITUTION  OF  SOUTH  DAKOTA. 


the  State  of  South  Dakota  is  an  inseparable  part  of  the  Ameri- 
can Union,  and  the  Constitution  of  the  United  States  is  the 
supreme  law  of  the  land. 

Sec.  27.  The  blessings  of  a free  government  can  only  be  main- 
tained by  a firm  adherence  to  justice,  moderation,  temperance, 
frugality  and  virtue,  and  by  frequent  recurrence  to  fundamental 
principles. 

AKTICLE  VII. 

Elections  and  Eights  of  Suffrage. 

Section  1.  Every  male  person  resident  of  this  State  who  shall 
be  of  the  age  of  twenty-one  years  and  upwards,  not  otherwise 
disqualified,  belonging  to  either  of  the  following  classes,  wha 
shall  be  a qualified  elector  under  the  laws  of  the  Territory  of 
Dakota  at  the  date  of  the  ratification  of  this  Constitution  by  the 
people,  or  who  shall  have  resided  in  the  United  States  one  year, 
in  this  State  six  months,  in  the  county  thirty  days,  and  in  the 
election  precinct  where  he  offers  his  vote  ten  days  next  preced- 
ing any  election,  shall  be  deemed  a qualified  elector  at  such  elec- 
tion: 

First.  Citizens  of  the  United  States. 

Second.  Persons  of  foreign  birth  who  shall  have  declared 
their  intention  to  become  citizens  conformably  to  the  laws  of  the 
United  States  upon  the  subject  of  naturalization. 

Sec.  2.  The  Legislature  shall,  at  its  first  session  after  the 
admission  of  the  State  into  the  Union,  submit  to  a vote  of  the 
electors  of  the  State  the  following  question  to  be  voted  upon  at 
the  next  general  election  held  thereafter,  namely : “ Shall  the 

word  ^male’  be  stricken  from  the  article  of  the  Constitution 
relating  to  elections  and  the  right  of  suffrage  ? ” If  a majority  of 
the  votes  cast  upon  that  question  are  in  favor  of  striking  out 
said  word  male,”  it  shall  be  stricken  out  and  there  shall  there- 
after be  no  distinction  between  males  and  females  in  the  exer- 
cise of  the  right  of  suffrage  at  any  election  in  this  State. 

Sec.  3.  All  votes  shall  be  by  ballot,  but  the  Legislature  may 
provide  for  numbering  ballots  for  the  purpose  of  preventing  and 
detecting  fraud. 

Sec.  4.  All  general  elections  shall  be  biennial. 

Sec.  5.  Electors  shall  in  all  cases  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  elections  and  in  going  to  and  returning  from  the 


CONSTITUTION  OF  SOUTH  DAKOTA. 


375 


same.  And  no  elector  shall  be  obliged  to  do  military  duty  on  the 
days  of  election  except  in  time  of  war  or  public  danger. 

Sec.  6.  No  elector  shall  be  deemed  to  have  lost  his  residence 
in  this  State  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  State,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  7.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a resident  of  this  State  in 
consequence  of  being  stationed  therein. 

Sec.  8.  No  person  under  guardianship,  non  compos  mentis  or 
insane,  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  treason  or  felony  be  qualified  to  vote  at  any 
election  unless  restored  to  civil  rights. 

Sec.  9.  Any  woman  having  the  qualifications  enumerated  in 
section  1 of  this  article,  as  to  age,  residence  and  citizenship, 
and  including  those  now  qualified  by  the  law^s  of  the  Territory, 
may  vote  at  an  election  held  solely  for  school  purposes,  and 
may  hold  any  office  in  this  State  except  as  otherwise  provided 
in  this  Constitution. 

ARTICLE  VIII. 

Education  and  School  lands. 

Section  1.  The  stability  of  a republican  form  of  government 
depending  on  the  morality  and  intelligence  of  the  people,  it  shall 
be  the  duty  of  the  Legislature  to  establish  and  maintain  a gen- 
eral and  uniform  system  of  public  schools,  wherein  tuition  shaU 
be  without  charge,  and  equally  open  to  all,  and  to  adopt  all  suit- 
able means  to  secure  to  the  people  the  advantages  and  oppor- 
tunities of  education. 

Sec.  2.  All  proceeds  of  the  sale  of  public  lands  that  have 
heretofore  been  or  may  hereafter  be  given  by  the  United  States 
for  the  use  of  public  schools  in  this  State;  all  such  percentum 
as  may  be  granted  by  the  United  States  on  the  sales  of  public 
lands;  the  proceeds  of  all  property  that  shall  fall  to  the  State  by 
escheat;  the  proceeds  of  all  gifts  or  donations  toi  the  State  for 
public  schools  or  not  otherwise  appropriated  by  the  terms  of 
the  gift;  and  all  property  otherwise  acquired  for  public  schools, 
shall  be  and  remain  a perpetual  fund  for  the  maintenance  of 
public  schools  in  the  State.  It  shall  be  deemed  a trust  fund  held 
by  the  State.  The  principal  shall  forever  remain  inviolate;  and 


376 


CONSTITUTION  OF  SOUTH  DAKOTA. 


may  be  increased,  but  shall  never  be  diminished,  and  the  State 
shall  make  good  all  losses  thereof  which  may  in  any  manner 
occur. 

Sec.  3.  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  State  laws  and  all 
other  sums  which  may  be  added  thereto  by  law,  shall  be  faith- 
fully used  and  applied  each'  year  for  the  benefit  of  the  public 
schools  of  the  State,  and  shall  be  for  this  purpose  apportioned 
among  and  between  all  the  several  public  school  corporations 
of  the  State  in  proportion  to  the  number  of  children  in  each  of 
school  age,  as  may  be  fixed  by  law;  and  nO  part  of  the  fund, 
either  principal  or  interest,  shall  ever  be  diverted,  even  tem- 
porarily, from  this  purpose  or  used  for  any  other  purpose  what- 
ever than  the  maintenance  of  public  schools  for  the  equal  bene- 
fit of  all  the  people  of  the  State. 

Sec.  4.  After  one  year  from  the  assembling  of  the  first  Legis- 
lature, the  lands  granted  to  the  State  by  the  United  States  for 
the  use  of  public  schools  may  be  sold  upon  the  following  condi- 
tions and  no  other:  Not  more  than  one-third  of  all  such  lands 
shall  be  sold  within  the  first  five  years,  and  no  more  than  two- 
thirds  wTthin  the  first  fifteen  years  after  the  title  thereto  is  vested 
in  the  State,  and  the  Legislature  shall,  subject  to  the  provisions 
of  this  article,  provide  for  the  sale  of  the  same. 

The  Commissioner  of  School  and  Public  Lands,  the  State 
Auditor  and  the  county  superintendent  of  schools  of  the  counties 
severally,  shall  constitute  boards  of  appraisal  and  shall  appraise 
all  school  lands  w ithin  the  several  counties  which  they  may  from 
time  to  time  select  and  designate  for  sale  at  their  actual  value 
under  the  terms  of  sale. 

They  shall  take  care  to  first  select  and  designate  for  sale  the 
most  valuable  lands,  and  they  shall  ascertain  all  such  lands  as 
may  be  of  special  and  peculiar  value,  other  than  agricultural, 
and  cause  the  proper  subdivision  of  the  same  in  order  that  the 
largest  price  may  be  obtained  therefor. 

Sec.  5.  No  land  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  an  acre.  The  pur- 
chaser shall  pay  one-fourth  of  the  price  in  cash,  and  the  remain- 
ing three-fourths  as  follows:  One-fourth  in  five  years,  one-fourth 
in  ten  years,  and  one-fourth  in  fifteen  years;  wuth  interest 


CONSTITUTION  OF  SOUTH  DAKOTA. 


thereon  at  the  rate  of  not  less  than  six  per  centum  per  annum, 
payable  annually  in  advance,  but  all  such  subdivided  lands  may 
be  sold  for  cash,  provided  that  upon  payment  of  the  interest  for 
one  full  year  in  advance,  the  balance  of  the  purchase-price  may 
be  paid  at  any  time.  All  sales  shall  be  at  public  auction  to  the 
highest  bidder,  after  sixty  days’  advertisement  of  the  same  in  a 
newspaper  of  general  circulation  in  the  vicinity  of  the  lands  to 
be  sold,  and  one  at  the  seat  of  government.  Such  lands  as  shall 
not  have  been  specially  subdivided  shall  be  offered  in  tracts  of 
not  more  than  eighty  acres,  and  those  so  subdivided  in  the  small- 
est subdivisions.  All  lands  designated  for  sale  and  not  sold 
within  four  years  after  appraisal,  shall  be  reappraised  by  the 
board  of  appraisal  as  hereinbefore  provided  before  they  are  sold. 

Sec.  G.  All  sales  shall  be  conducted  through  the  office  of  the 
Commissioner  of  School  and  Public  Lands  as  may  be  prescribed 
by  law,  and  returns  of  all  appraisals  and  sales  shall  be  made  to 
said  office.  No  sale  shall  operate  to  convey  any  right  or  title 
to  any  lands  for  sixty  days  after  the  date  thereof,  nor  until  the 
same  shall  have  received  the  approval  of  the  Governor  in  such 
form  as  may  be  provided  by  law.  No  grant  or  patent  for  any 
such  lands  shall  issue  until  final  payment  be  made. 

Sec.  7.  All  lands,  money  or  other  property  donated,  granted, 
or  received  from  the  United  States  or  any  other  source  for  a 
university,  agricultural  college,  normal  schools  or  other  educa- 
tional or  charitable  institution  or  purpose,  and  the  proceeds  of 
all  such  lands  and  other  property  so  received  from  any  source, 
shall  be  and  remain  perpetual  funds,  the  interest  and  income  of 
which,  together  with  the  rents  of  all  such  lands  as  may  remain 
unsold,  shall  be  inviolably  appropriated  and  applied  to  the  spe- 
cific objects  of  the  original  grants  or  gifts.  The  principal  of 
every  such  fund  may  be  increased,  but  shall  never  be  diminished, 
and  the  interest  and  income  only  shall  be  used.  Every  such 
fund  shall  be  deemed  a trust  fund  held  by  the  State,  and  the 
State  shall  make  good  all  losses  therefrom  that  shall  in  any  man- 
ner occur. 

Sec.  8.  All  lands  mentioned  in  the  preceding  section  shall  be 
appraised  and  sold  in  the  same  manner  and  by  the  same  officers 
and  boards,  under  the  same  limitations,  and  subject  to  all  tlie 
conditions  as  to  price,  sale  and  approval  provided  above  for  the 


378 


CONSTITUTION  OF  SOUTH  DAKOTA. 


appraisal  and  sale  of  lands  for  the  benefit  of  public  schools,  but 
a distinct  and  separate  account  shall  be  kept  by  the  proper  offi- 
cers of  each  of  such  funds. 

Sec.  9.  No  lands  mentioned  in  this  article  shall  be  leased 
except  for  pasturage  and  meadow  purposes,  and  at  public  auc- 
tion after  notice  as  hereinbefore  provided  in  case  of  sale  and  shall 
be  offered  in  tracts  not  greater  than  one  section.  All  rents  shall 
be  payable  annually  in  advance,  and  no  term  of  lease  shall 
exceed  five  years,  nor  shall  any  lease  be  valid  until  it  receives  the 
approval  of  the  Governor. 

Sec.  10.  No  claim  to  any  public  lands  by  any  trespasser 
thereon  by  reason  of  occupancy,  cultivation  or  improvement 
thereof,  shall  ever  be  recognized;  nor  shall  compensation  ever 
be  made  on  account  of  any  improvement  made  by  such  tres- 
passer. 

Sec.  11.  The  moneys  of  the  permanent  school  and  other  educa- 
tional funds  shall  be  invested  only  in  first  mortgages  upon  good 
improved  farm  lands  within  this  State,  as  hereinafter  provided, 
or  in  bonds  of  school  corporations  within  the  State,  or  in  bonds 
of  the  United  States  or  of  the  State  of  South  Dakota.  The  Legis- 
lature shall  provide  by  law  the  method  of  determining  the 
amounts  of  said  funds,  which  shall  be  invested  from  time  to  time 
in  such  classes  of  securities  respectively,  taking  care  to  secure 
continuous  investments  as  far  as  possible. 

All  moneys  of  said  funds  which  may  from  time  to  time  be 
designated  for  investment  in  farm  mortgages  and  in  the  bonds 
of  school  corporations,  shall  for  such  purpose  be  divided  among 
the  organized  counties  of  the  State  in  proportion  to  population 
as  nearly  as  provisions  by  law  to  secure  continuous  investments 
may  permit.  The  several  counties  shall  hold  and  manage  the 
same  as  trust  funds,  and  they  shall  be  and  remain  responsible  and 
accountable  for  the  principal  and  interest  of  all  such  moneys 
received  by  them  from  the  date  to  (of)  receipt  until  returned 
because  not  loaned;  and  in  case  of  loss  of  any  money  so  appor- 
tioned to  any  county,  such  county  shall  make  the  same  good  out 
of  its  common  revenue.  Counties  shall  invest  said  money  in 
bonds  of  school  corporations,  or  in  first  mortgages  upon  good 
improved  farm  lands  within  their  limits  respectively;  but  no 
farm  loon  shall  exc(HMl  five  hundred  dollars  to  any  one  person, 


CONSTITUTION  OF  SOUTH  DAKOTA. 


379 


nor  shall  it  exceed  one-half  the  valuation  of  the  land  as  assessed 
for  taxation,  and  the  rate  of  interest  shall  not  he  less  than  six 
per  centum  per  annum,  and  shall  be  such  other  and  higher  rate 
as  the  Legislature  may  provide,  and  shall  be  payable  semi-annu- 
ally on  the  first  day  of  January  and  July:  Provided,  That  where- 
ever  there  are  moneys  of  said  fund  in  any  county  amounting  to 
one  thousand  dollars  that  cannot  be  loaned  according  to  the 
provisions  of  this  section  and  any  law  pursuant  thereto,  the 
said  sum  naay  be  returned  to  the  State  Treasurer  to  be  intrusted 
to  some  other  county  or  counties,  or  otherwise  invested  under 
the  provisions  of  this  section. 

Each  county  shall  semi-annually,  on  the  first  day  of  Januaiw 
and  July,  render  an  account  of  the  condition  of  the  funds 
intrusted  to  it  to  the  Auditor  of  State,  and  at  the  same  time  pay 
to  or  account  to  the  State  Treasurer  for  the  interest  due  on  all 
funds  intrusted  to  it. 

The  Legislature  may  provide  by  general  law  that  counties 
may  retain  from  interest  collected  in  excess  of  six  per  centum 
per  annum  upon  all  said  funds  intrusted  to  them,  not  to  exceed 
one  per  centum  per  annum.  But  no  county  shall  be  exempted 
from  the  obligation  to  make  semi-annual  payments  to  the  State 
treasury  of  interest  at  the  rate  provided  by  law  for  such  loans^ 
except  only  said  one  per  centum,  and  in  no  case  shall  the  interest 
so  to  be  paid  be  less  than  six  per  centum  per  annum. 

The  Legislature  shall  provide  by  law  for  the  safe  investment 
of  the  permanent  school  and  other  educational  funds,  and  for 
the  prompt  collection  of  interest  and  income  thereof,  and  to 
carry  out  the  objects  and  provisions  of  this  section. 

Sec.  12.  The  Governor  may  disapprove  ’any  sale,  lease  or 
investment  other  than  such  as  are  intrusted  to  the  counties. 

Sec.  13.  All  losses  to  the  permanent  school  or  other  educa- 
tional funds  of  this  State  which  shall  have  been  occasioned  by 
the  defalcation,  negligence,  mismanagement  or  fraud  of  the 
agents  or  officers  controlling  and  managing  the  same,  shall  be 
audited  by  the  proper  authorities  of  the  State.  The  amount  so 
audited  shaU  be  a permanent  funded  debt  against  the  State  in 
favor  of  the  fund  sustaining  the  loss  upon  which  not  less  than  six 
per  centum  of  annual  interest  shall  be  paid.  The  amount  of 
indebtedness  so  created  shall  not  be  counted  as  a part  of  the 
indebtedness  mentioned  in  Article  XIII,  section  2. 


380 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  14.  The  Legislature  shall  provide  by  law  for  the  protec- 
tion of  the  school  lands  from  trespass  or  unlawful  appropriation, 
and  for  their  defense  against  all  unauthorized  claims  or  efforts 
to  divert  them  from  the  school  fund. 

Sec.  15.  The  Legislature  shall  make  such  provisions  by  gen- 
eral taxation,  and  by  authorizing  the  school  corporations  to  levy 
such  additional  taxes,  as  with  the  income  from  the  permanent 
school  fund  shall  secure  a thorough  and  efficient  system  of  com- 
mon schools  throughout  the  State. 

Sec.  16.  No  appropriation  of  lands,  money  or  other  property 
or  credits  to  aid  any  sectarian  school  shall  ever  be  made  by  the 
State,  or  any  county  or  municipality  within  the  State,  nor  shall 
the  State  or  any  county  or  municipality  within  the  State  accept 
any  grant,  conveyance,  gift  or  bequest  of  lands,  money  or  other 
property  to  be  used  for  sectarian  purposes,  and  no  sectarian 
instniction  shall  be  alloTved  in  any  school  or  institution  aided 
or  supported  by  the  State. 

Sec.  17.  No  teacher.  State,  county,  township  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds  or  profits  of  any 
book,  apparatus  or  furniture  used  or  to  be  used  in  any  school  in 
this  State,  under  such  penalties  as  shall  be  provided  by  law. 

AKTICLE  IX. 

County  and  Township  Organization. 

Section  1.  The  Legislature  shall  provide  by  general  law  for 
organizing  new  counties,  locating  the  county  seats  thereof  and 
changing  county  lines;  but  no  new^  counties  shall  be  organized 
so  as  to  include  an  area  of  less  than  twenty-four  congressional 
townships,  as  near  as  may  be  without  dividing  a township  or 
fractional  township,  nor  shall  the  boundaries  of  any  organized 
county  be  changed  so  as  to  reduce  the  same  to  a less  area  than 
above  specified.  All  changes  in  county  boundaries  in  counties 
already  organized,  before  taking  effect,  shall  be  submitted  to 
the  electors  of  the  county  or  counties  to  be  affected  thereby,  at 
the  next  general  election  thereafter  and  be  adopted  by  a major- 
ity of  the  votes  cast  in  each  county  at  such  election.  Counties 
now  organized  shall  remain  as  they  are  unless  changed  according 
to  the  above  provisions. 

Sec.  2.  In  counties  already  organized  where  the  county  seat 
has  not  been  located  by  a majority  vote,  it  shall  be  the  duty  of 


CONSTITUTION  OF  SOUTH  DAKOTA. 


3S1 


the  county  board  to  submit  the  location  of  the  county  seat  to 
the  electors  of  said  county  at  a general  election.  The  place 
receiving  a majority  of  all  votes  cast  at  said  election  shall  be 
the  county  seat  of  said  county. 

Sec.  3.  Whenever  a majority  of  the  legal  votei*s  of  any  organ- 
ized county  shall  petition  the  county  board  to  change  the  location 
of  the  county  seat  which  has  once  been  located  by  a majority 
vote,  specifying  the  place  to  which  it  is  to  be  changed,  said 
county  board  shall  submit  the  same  to  the  people  of  said  county 
at  the  next  general  election,  and  if  the  proposition  to  change  the 
county  seat  be  ratified  by  two-thirds  of  the  votes  cast  at  said 
election,  then  the  county  seat  shall  be  changed,  otherwise  not. 

A proposition  to  change  the  location  of  the  county  seat  of  any 
organized  county  shall  not  again  be  submitted  before  the  expira- 
tion of  four  years. 

Sec.  4.  The  Legislature  shall  provide  by  general  law  for 
organizing  the  counties  into  townships,  having  due  regard  for 
congressional  township  lines  and  natural  boundaries,  and  when- 
ever the  population  is  sufficient  and  the  natural  boundaries  will 
permit,  the  civil  townships  shall  be  co-extensive  with  the  con- 
gressional townships. 

Sec.  5.  In  each  organized  county  at  the  fii^t  general  election 
held  after  the  admission  of  the  State  of  South  Dakota  into  the 
Union,  and  every  two  years  thereafter,  there  shall  be  elected  a 
clerk  of  the  court,  sheriff,  county  auditor,  register  of  deeds, 
treasurer.  State’s  attorney,  suiweyor,  coroner,  and  superintendent 
of  schools,  whose  terms  of  office  respectively  shall  be  two  years, 
and  except  the  clerk  of  the  court,  no  person  shall  be  eligible  for 
more  than  four  years  in  succession  to  any  of  the  above  named 
offices. 

Sec.  6.  The  Legislature  shall  provide  by  general  law  for  such 
county,  township  and  district  officers  as  may  be  deemed  neces- 
sary, and  shall  prescribe  the  duties  and  compensation  of  all 
county,  township  and  district  officers. 

Sec.  7.  All  county,  township  and  district  officei*s  shall  be  ' 
electors  in  the  county,  township  or  district  in  which  they  are 
elected:  Provided,  That  nothing  in  this  section  shall  prevent 

the  holding  of  school  offices  by  any  person,  as  provided  in  section 
9,  article  VII. 


382 


OONSTITUTION  OF  SOUTH  DAKOTA. 


ARTICLE  X. 

Municipal  Corporations. 

Section  1.  The  Legislature  shall  provide  by  general  laws  for 
the  organization  and  classification  of  municipal  corporations. 
The  number  of  such  classes  shaU  not  exceed  four,  and  the  powers 
of  each  class  shall  be  defined  by  general  laws,  so  that  no  such 
corporations  shall  have  any  powers,  or  be  subject  to  any  restric- 
tions other  than  those  of  all  corporations  of  the  same  class.  The 
Legislature  shall  restrict  the  power  of  such  corporations  to  levy 
taxes  and  assessments,  borrow  money  and  contract  debts,  so  as 
to  prevent  the  abuse  of  such  power. 

Sec.  2.  Except  as  otherwise  provided  in  this  Constitution,  no 
tax  or  assessment  shall  be  levied  or  collected,  or  debts  con- 
tracted by  municipal  corporations,  except  in  pursuance  of  law, 
for  public  purposes  specified  by  law;  nor  shall  money  raised  by 
taxation,  loan  or  assessment  for  one  purpose  ever  be  diverted  to 
any  other. 

Sec.  3.  No  street  passenger  railway  or  telegraph  or  telephone 
lines  shall  be  constructed  within  the  limits  of  any  village,  town 
or  city  without  the  consent  of  its  local  authorities. 

ARTICLE  XI. 

Revenue  and  Finance. 

Section  1.  The  Legislature  shall  provide  for  an  annual  tax 
sufficient  to  defray  the  estimated  ordinary  expenses  of  the  State, 
for  each  year,  not  to  exceed  in  any  one  year  two  mills  on  each 
dollar  of  the  assessed  valuation  of  all  taxable  property  in  the 
State,  to  be  ascertained  by  the  last  assessment  made  for  State 
and  county  purposes. 

And  whenever  it  shall  appear  that  such  ordinary  expenses 
shall  exceed  the  income  of  the  State  for  such  year,  the  Legisla- 
ture shall  provide  for  le^^ying  a tax  for  the  ensuing  year,  suffi- 
cient, with  other  sources  of  income,  to  pay  the  deficiency  of  the 
preceding  year,  together  with  the  estimated  expenses  of  such 
ensuing  year.  And  for  the  purpose  of  paying  the  public  debt, 
the  Legislature  shall  provide  for  levying  a tax  annually,  suffi- 
cient to  pay  the  annual  interest  and  the  principal  of  such  debt 
within  ten  years  from  the  final  passage  of  the  law  creating  the 


CONSTITUTION  OF  SOUTH  DAKOTA. 


383 


debt:  Provided,  That  the  anDiial  tax  for  the  payment  of  the 

interest  and  principal  of  the  public  debt  shall  not  exceed  in  any 
one  year  two  mills  on  each  dollar  of  the  assessed  valuation  of 
all  taxable  property  in  the  State  as  ascertained  by  the  last 
assessment  made  for  the  State  and  county  purposes. 

Sec.  2.  All  taxes  to  be  raised  in  this  State  shall  be  uniform 
on  all  real  and  personal  property,  according  to  its  value  in  money, 
to  be  ascertained  by  such  rules  of  appraisement  and  assessment 
as  may  be  prescribed  by  the  Legislature  by  general  law,  so  that 
every  person  and  corporation  shall  pay  a tax  in  proportion  to 
the  value  of  his,  her  or  its  property.  And  the  Legislature  shall 
provide  by  general  law  for  the  assessing  and  levying  of  taxes  on 
all  corporation  property  as  near  as  may  be  by  the  same  methods 
as  are  provided  for  assessing  and  levying  of  taxes  on  individual 
property. 

Sec.  3.  The  power  to  tax  corporations  and  corporate  property 
shall  not  be  surrendered  or  suspended  by  any  contract  or  grant 
to  which  the  State  shall  be  a party. 

Sec.  4.  The  Legislature  shall  provide  for  taxing  all  moneys, 
credits,  investments  in  bonds,  stocks,  joint-stock  companies,  or 
otherwise;  and  also  for  taxing  the  notes  and  bills  discounted  or 
purchased,  moneys  loaned  and  all  other  property,  effects,  or  dues 
of  every  description,  of  all  banks  and  of  all  bankers,  so  that  all 
property  employed  in  banking  shall  always  be  subject  to  a 
taxation  equal  to  that  imposed  on  the  property  of  individuals. 

Sec.  5.  The  property  of  the  United  States  and  of  the  State, 
county  and  municipal  corporations,  both  real  and  personal,  shall 
be  exempt  from  taxation. 

Sec.  0.  The  Legislature  shall,  by  general  law,  exempt  from 
taxation,  property  used  exclusively  for  agricultural  and  horticul- 
tural societies,  for  school,  religious,  cemetery  and  charitable  pur- 
poses, and  personal  property  to  any  amount  not  exceeding  in 
value  two  hundred  dollars,  for  each  individual  liable  to  taxation. 

Sec.  7.  All  laws  exempting  property  from  taxation,  other  than 
that  enumerated  in  sections  5 and  6 of  this  article,  shall  be  void. 

Sec.  8.  No  tax  shall  be  levied  except  in  pursuance  of  a law, 
which  shall  distinctly  state  the  object  of  the  same,  to  which 
the  tax  only  shall  be  applied. 


384 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  9.  All  taxes  levied  and  collected  for  State  purposes  shall 
be  paid  into  the  State  treasury.  No  indebtedness  shall  be 
incurred  or  money  expended  by  the  State,  and  no  warrant  shall 
be  drawn  upon  the  State  Treasurer  except  in  pursuance  of  an 
appropriation  for  a specific  purpose  first  made.  The  Legisla- 
ture shall  provide  by  suitable  enactment  for  carrying  this  sec- 
tion into  effect. 

Sec.  10.  The  Legislature  may  vest  the  corporate  authority  of 
cities,  towns  and  villages  with  power  to  make  local  improve* 
ments  by  special  taxation  of  contiguous  property  or  otherwise. 
For  all  corporate  purposes,  all  municipal  corporations  may  be 
vested  with  authority  to  assess  and  collect  taxes;  but  such  tax 
shall  be  uniform  in  respect  to  persons  and  property  within  the 
jurisdiction  of  the  body  levying  the  same. 

Sec.  11.  The  making  of  profit,  directly  or  indirectly,  out  of 
State,  county,  city,  town  or  school  district  money,  or  using  the 
same  for  any  purpose  not  authorized  by  law,  shall  be  deemed  a 
felony  and  shall  be  punished  as  provided  by  law. 

Sec.  12.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  moneys  shall  be  published  annually  in  such 
manner  as  the  Legislature  may  provide.  ' 

ARTICLE  XII. 

Puhlic  Accounts  and  Expenditures. 

Section  1.  No  money  shall  be  paid  out  of  the  treasury  except 
upon  appropriation  by  law  and  on  warrant  drawn  by  the  proper 
officer. 

Sec.  2.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  ordinary  expenses  of  the  executive,  legis- 
lative and  judicial  departments  of  the  State,  the  current  expenses 
of  State  institutions,  interest  on  the  public  debt,  and  for  com- 
mon schools.  All  other  appropriations  shall  be  made  by  separate 
bills,  each  embracing  but  one  object,  and  shall  require  a two- 
thirds  vote  of  all  the  members  of  each  branch  of  the  Legislature. 

Sec.  3.  The  Legislature  shall  never  grant  any  extra  compen- 
sation to  any  public  officer,  employe,  agent  or  contractor  after 
the  services  shall  have  been  rendered  or  the  contract  entered 
into,  nor  authorize  the  payment  of  any  claims  or  part  thereof 
created  against  the  State,  under  any  agreement  or  contract 


CONSTITUTION  OF  SOUTH  DAKOTA. 


385 


made  without  express  authority  of  law,  and  all  such  unauthorized 
agreements  or  contracts  shall  he  null  and  void;  nor  shall  the 
compensation  of  any  public  officer  be  increased  or  diminished 
during  his  term  of  office:  Provided,  however,  that  the  Legisla- 

ture may  make  appropriations  for  expenditures  incurred  in  sup- 
pressing insurrection  or  repelling  invasion. 

Sec.  4.  An  itemized  statement  of  all  receipts  and  expendi- 
tures of  the  public  moneys  shall  be  published  annually  in  such 
manner  as  the  Legislature  shall  provide,  and  such  statements 
shall  be  submitted  to  the  Legislature ’at  the  beginning  of  each 
regular  session  by  the  Governor  with  his  message. 

AKTICLE  XIII. 

Public  Indebtedness. 

Section  1.  Neither  the  State  nor  any  county,  township  or 
municipality  shall  loan  or  give  its  credit  or  make  donations  to  or 
in  aid  of  any  individual,  association  or  corporation  except  for  the 
necessary  support  of  the  poor,  nor  subscribe  to  or  become  the 
owner  of  the  capital  stock  of  any  association  or  corporation,  nor 
pay  or  become  responsible  for  the  debt  or  liability  of  any  indi- 
vidual, association  or  corporation : Provided,  That  the  State  may 
assume  or  pay  such  debt  or  liability  when  incurred  in  time  of 
war  for  the  defense  of  the  State.  Nor  shall  the  State  engage 
in  any  work  of  internal  improvement. 

Sec.  2.  For  the  purpose  of  defraying  extraordinary  expenses 
and  making  public  improvements,  or  to  meet  casual  dehcits  or 
failure  in  revenue,  the  State  may  contract  debts  never  to  exceed, 
with  previous  debts,  in  the  aggregate  $100,000,  and  no  greater 
indebtedness  shall  be  incurred  except  for  the  purpose  of  repel- 
ling invasion,  suppressing  insurrection,  or  defending  the  State 
or  the  United  States  in  war,  and  provision  shall  be  made  by  law 
for  the  payment  of  the  interest  annually,  and  the  principal  when 
due,  by  tax  levied  for  the  purpose,  or  from  other  sources  of  reve- 
nue; which  law  providing  for  the  payment  of  such  interest  and 
principal  by  such  tax  or  otherwise  shall  be  irrepealabffi  until 
such  debt  is  paid : Provided,  however,  the  State  of  South  Dakota 
shall  have  the  power  to  refund  the  territorial  debt  assumed  by 
the  State  of  South  Dakota,  by  bonds  of  the  State  of  South 
Dakota. 


25 


386 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  3.  That  the  indebtedness  of  the  State  of  South  Dakota, 
limited  by  section  2 of  this  article  shall  be  in  addition  to  the 
debt  of  the  Territory  of  Dakota  assumed  by  and  agreed  to  be  paid 
by  South  Dakota. 

Sec.  4.  The  debt  of  any  county,  city,  town,  school  district  or 
other  subdivision,  shaU  never  exceed  five  per  centum  upon  the 
assessed  value  of  the  taxable  property  therein. 

In  estimating  tlie  amount  of  indebtedness  which  a niunicfi- 
pality  or  subdivision  may  incur,  the  amount  of  indebtedness 
contracted  prior  to  the  adoption  of  this  Oonstituriou  shall  be 
included. 

Sec.  5.  Any  city,  county,  town,  school  district  or  any  other 
subdivision  incurring  indebtedness  shall,  at  or  before  the  time 
of  so  doing,  provide  for  the  collection  of  an  annual  tax  sufiicient 
to  pay  the  interest  and  also  the  principal  thereof  when  due,  and 
all  laws  or  ordinances  providing  for  the  payment  of  the  interest 
or  principal  of  any  debt  shall  be  irrepealable  until  such  debt  be 
paid. 

Sec.  6.  In  order  that  the  payment  of  the  debts  and  liabilities 
contracted  or  incurred  by  and  in  behalf  of  the  Territory  of 
Dakota  may  be  justly  and  equitably  provided  for  and  made,  and 
in  pursuance  of  the  requirements  of  an  act  of  Congress  approved 
February  22,  1889,  entitled  ^^An  act  to  provide  for  the  division  of 
■Dakota  into  two  States  and  to  enable  the  people  of  North 
'Dakota,  South  Dakota,  Montana  and  Washington  to  form  consti- 
tutions and  State  governments  and  to  be  admitted  into  the  Union 
on  an  equal  footing  with  the  original  States,  and  to  make  dona- 
tions of  public  lands  to  such  State,”  the  States  of  North  Dakota  and 
South  Dakota,  by  proceedings  of  a joint  commission  duly  appointed 
under  said  act,  the  sessions  whereof  were  held  at  Bismarck  in 
said  State  of  North  Dakota,  from  July  16,  1889,  to  July  31,  1889, 
inclusive,  have  agreed  to  the  following  adjustment  of  the  amounts 
of  the  debts  and  liabilities  of  the  Territory  of  Dakota  which 
shall  be  assumed  and  paid  by  each  of  the  States  of  North 
Dakota  and  South  Dakota  respectively,  to  wit: 

1.  This  agreement  shall  take  effect  and  be  in  force  from  and 
after  the  admission  into  the  Union,  as  one  of  the  United  States 
of  America,  of  either  the  State  of  North  Dakota  or  the  State  of 
South  Dakota. 


COXSTITUTION  OF  SOUTH  DAKOTA. 


387 


2.  The  words  “ State  of  North  Dakota,”  wherever  used  in  this 
agreement,  shall  be  taken  to  mean  the  Territory  of  North  Dakota, 
in  case  the  State  of  South  Dakota  shall  be  admitted  into  the 
Union  prior  to  the  admission  into  the  Union  of  the  State  of 
North  Dakota;  and  Hie  words  “ State  of  South  Dakota,”  wherever 
used  in  this  agreement,  shall  be  taken  to  mean  the  Territory  of 
South  Dakota  in  case  the  State  of  North  Dakota  shall  be  admitted 
into  the  Union  prior  to  the  admission  into  the  Union  of  the  State 
of  South  Dakota. 

3.  The  said  State  of  North  Dakota  shall  assume  and  pay  all 
bonds  issued  by  the  Territory  of  Dakota  to  provide  funds  for  the 
purchase,  construction,  repairs  or  maintenance  of  such  public 
institutions,  grounds  or  buildings  as  are  located  within  the 
boundaries  of  North  Dakota,  and  shall  pay  all  warrants  issued 
under  and  by  virtue  of  that  certain  act  of  the  Legislative  Assem- 
bly of  the  Territory  of  Dakota,  approved  March  3,  1889,  entitled 
^k\n  act  to  provide  for  the  refunding  of  outstanding  w^arrants 
drawn  on  the  capitol  building  fund.” 

4.  The  said  State  of  South  Dakota  shall  assume  and  pay  all 
bonds  issued  by  the  Territory  of  Dakota  to  provide  funds  for  the 
purchase,  construction,  repairs  or  maintenance  of  such  public 
institutions,  grounds  or  buildings  as  are  located  within  the  boun- 
daries of  South  Dakota. 

5.  That  is  to  say:  The  State  of  North  Dakota  shall  assume 
and  pay  the  following  bonds  and  indebtedness,  to  wit:  Bonds 
issued  on  account  of  the  hospital  for  insane  at  Jamestown, 
North  Dakota,  the  face  aggregate  of  which  is  two  hundred  and 
sixty-six  thousand  dollars;  also,  bonds  issued  on  account  of  the 
North  Dakota  University  at  Grand  Forks,  North  Dakota,  the 
face  aggregate  of  which  is  ninety-six  thousand  seven  hundred 
dollars;  also,  bonds  issued  on  account  of  the  penitentiary  at  Bis- 
marck, North  Dakota,  the  face  aggregate  of  which  is  ninety-three 
thousand  six  hundred  dollars;  also,  refunding  capitol  building 
warrants  dated  April  1,  1889,  eighty-three  thousand  five  hundred 
and  seven  dollars  and  forty-six  cents. 

And  the  State  of  South  Dakota  shall  assume  and  pay  the  fol- 
lowing bonds  and  indebtedness,  to  wit:  Bonds  issued  on  account 
of  the  hospital  for  the  insane  at  Yankton,  South  Dakota,  the 
face  aggregate  of  which  is  two  hundred  and  ten  thousand  dol- 
lars; also,  bonds  issued  on  account  of  the  school  for  deaf  mutes 


388 


CONSTITUTION  OF  SOUTH  DAKOTA. 


at  Sioux  Falls,  South  Dakota,  the  face  aggregate  of  which  is 
fifty-one  thousand  dollars;  also,  bonds  issued  on  account  of  the 
university  at  Vermillion,  South  Dakota,  the  face  aggregate  of 
which  is  seventy-five  thousand  dollars;  also,  bonds  issued  on 
account  of  the  penitentiary  at  Sioux  Falls,  South  Dakota,  the 
face  aggregate  of  which  is  ninety-four  thousand  three  hundred 
dollars;  also,  bonds  issued  on  account  of  agricultural  college  at 
Brookings,  South  Dakota,  the  face  aggregate  of  which  is  ninety- 
seven  thousand  five  hundred  dollars;  also,  bonds  issued  on 
account  of  the  normal  school  at  Madison,  South  Dakota,  the  face 
aggregate  of  which  is  forty-nine  thousand  four  hundred  dollars; 
also,  bonds  issued  on  account  of  (the)  school  of  mines  at  Kapid 
City,  South  Dakota,  the  face  aggregate  of  which  is  thirty-three 
thousand  dollars;  also,  bonds  issued  on  account  of  the  reform 
school  at  Plankinton,  South  Dakota,  the  face  aggregate  of  which 
is  thirty  thousand  dollars;  also,  bonds  issued  on  account  of  the 
normal  school  at  Spearfish,  South  Dakota,  the  face  aggregate 
of  which  is  twenty-five  thousand  dollars;  also,  bonds  issued  on 
account  of  the  soldiers’  home  at  Hot  Springs,  South  Dakota,  the 
face  aggregate  of  which  is  forty-five  thousand  dollars. 

6.  The  States  of  North  Dakota  and  South  Dakota  shall  pay 
one-half  each  of  all  liabilities  now  existing  or  hereafter  and  prior 
to  the  taking  effect  of  this  agreement  incurred,  except  those 
heretofore  and  hereafter  incurred  on  account  of  public  institu- 
tions, grounds  or  buildings,  except  as  otherwise  herein  specific- 
ally provided. 

7.  The  State  of  South  Dakota  shall  pay  to  the  State  of  North 
Dakota  forty-six  thousand  five  hundred  dollars  on  account  of  the 
excess  of  territorial  appropriations  for  the  permanent  improve- 
ment of  territorial  institutions  which,  under  this  agreement,  will 
go  to  South  Dakota,  and  in  full  of  the  undivided  one-half  inter- 
est of  North  Dakota  in  the  territorial  librar}^,  and  in  full  settle- 
ment of  unbalanced  accounts,  and  of  all  claims  against  the  Ter- 
ritory of  whatever  nature,  legal  or  equitable,  arising  out  of  the 
alleged  erroneous  or  unlawful  taxation  of  the  Northern  Pacific- 
Railroad  lands,  and  the  payment  of  said  amount  shall  discharge 
and  exempt  the  State  of  South  Dakota  from  all  liability  for  or 
on  account  of  the  several  matters  hereinbefore  referred  to;  nor 
shall  either  State  be  called  upon  to  pay  or  answer  to  any  portion 
of  liability  hereafter  arising  or  accming  on  account  of  transac- 


CONSTITUTION  OF  SOUTH  DAKOTA. 


389 


tions  heretofore  had,  which  liability  would  be  a liability  of  the 
Territory  of  Dakota  had  such  Territory  remained  in  existence, 
and  which  liability  shall  grow  out  of  matters  connected  with  any 
public  institution,  grounds  or  buildings  of  the  Territory  situated 
or  located  within  the  boundaries  of  the  other  State. 

8.  The  final  adjustment  of  accounts  shall  be  made  upon  the 
following  basis:  North  Dakota  shall  be  charged  with  all  sums 
paid  on  account  of  the  public  institutions,  grounds  or  buildings 
located  within  its  boundaries  on  account  of  the  current  appropri- 
ations since  March  8,  1889;  and  South  Dakota  shall  be  charged 
with  all  sums  paid  on  account  of  public  institutions,  grounds  or 
buildings  located  within  its  boundaries  on  the  same  account  and 
during  the  same  time.  Each  State  shall  be  charged  with  one- 
half  of  all  other  expenses  of  the  territorial  government  during 
the  same  time.  All  moneys  paid  into  the  treasury  during  the 
period  from  March  8,  1889,  to  the  time  of  taking  effect  of  this 
agreement,  by  any  county,  municipality  or  person  within  the 
limits  of  the  proposed  State  of  North  Dakota,  shall  be  credited 
to  the  State  of  North  Dakota;  and  all  sums  paid  into  said  treas- 
ury" within  the  same  time  by  any  county,  municipality  or  person 
within  the  limits  of  the  proposed  State  of  South  Dakota  shall 
be  credited  to  the  State  of  South  Dakota,  except  that  any  and  all 
taxes  on  gross  earnings  paid  into  said  treasury  by  railroad  cor- 
porations since  the  eighth  day  of  March,  1889,  based  upon  earn- 
ings of  years  prior  to  1888,  under  and  by  virtue  of  the  act  of  the 
Legislative  Assembly  of  the  Territory  of  Dakota,  approved  March 
7,  1889,  and  entitled  ^^An  act  providing  for  the  levy  and  collec- 
tion of  taxes  upon  property  of  railroad  companies  in  this  Terri- 
tory,” being  chapter  107  of  the  Session  Laws  of  1889  (that  is,  the 
part  of  such  sum  going  to  the  Territory),  shall  be  equally  divided 
between  the  States  of  North  Dakota  and  South  Dakota,  and  all 
taxes  heretofore  or  hereafter  paid  into  the  said  treasury  under 
and  by  virtue  of  the  act  last  mentioned,  based  on  gross  earnings 
of  the  year  1888,  shall  be  distributed  as  already  provided  by  law, 
except  that  so  much  thereof  as  goes  toi  the  territorial  treasury 
shall  be  divided  as  follows:  North  Dakota  shall  have  so  (much) 
thereof  as  shall  be  or  has  been  paid  by  railroads  within  the  lim- 
its of  the  proposed  State  of  North  Dakota,  and  South  Dakota  so 
much  thereof  as  shall  be  or  has  been  paid  by  railroads  within 


390 


CONSTITUTION  OF  SOUTH  DAKOTA. 


the  limits  of  the  proposed  State  of  South  Dakota.  Each  State 
shall  he  credited  also  with  all  balances  of  appropriations  made 
by  the  seventeenth  Legislative  Assembly  of  the  Territory  of 
Dakota  for  the  account  of  public  institutions,  grounds  or  build- 
ings. situated  within  its  limits,  remaining  unexpended  on  March 
8,  1889.  If  there  be  any  indebtedness  except  the  indebtedness 
represented  by  the  bonds  and  refunding  warrants  hereinbefore 
mentioned,  each  State  shall  at  the  time  of  such  final  adjustment 
of  accounts,  assume  its  share  of  said  indebtedness  as  determined 
by  the  amount  paid  on  account  of  the  public  institutions,  grounds 
or  buildings  of  such  State  in  excess  of  the  receipts  from  counties, 
municipalities,  railroad  corporations  or  persons  within  the  limits 
of  said  State  as  provided  in  this  article;  and  if  there  should  be 
a surplus  at  the  time  of  such  final  adjustment,  each  State  shall 
be  entitled  to  the  amounts  received  from  counties,  municipalities, 
railroad  corporations  or  persons  within  its  limits  over  and  above 
the  amount  charged  to  it. 

Sec.  7.  And  the  State  of  South  Dakota  hereby  obligates  itself 
to  pay  such  part  of  the  debts  and  liabilities  of  the  Territory  of 
Dalvota  as  is  declared  by  the  foregoing  agreement  to  be  its  pro- 
portion thereof,  the  same  as  if  such  proportion  had  been  origi- 
nally created  by  said  State  of  South  Dakota  as  its  own  debt  or 
liability. 

Sec.  8.  The  Territorial  Treasurer  is  hereby  authorized  and 
empowered  to  issue  refunding  bonds  to  the  amount  of  |107,500, 
bearing  interest  not  to  exceed  the  rate  of  four  per  cent  per 
annum,  for  the  purpose  of  refunding  the  following  described 
indebtedness  of  the  Territory  of  Dakota,  to  wit: 

Seventy-seven  thousand  five  hundred  dollars  five  per  cent 
bonds,  dated  May  1,  1883,  issued  for  the  construction  of  the 
west  wing  of  the  insane  hospital  at  Yankton,  and  |30,000  six 
per  cent  bonds,  dated  May  1,  1883,  issued  for  permanent  improve- 
ments (of  the)  Dakota  penitentiary  at  Sioux  Falls,  such  refund- 
ing bonds,  if  issued,  to  run  for  not  more  than  twenty  years,  and 
shall  be  executed  by  the  Governor  and  Treasurer  of  the  Terri- 
tory, and  shall  be  attested  by  the  Secretary  under  the  great  seal 
of  the  Territory. 

In  case  such  bonds  are  issued  by  the  Territorial  Treasurer  as 
hereinbefore  s(d  fortli,  before  tlie  first  day  of  October,  1889,  then 


CONSTITUTIOX  OF  SOUTH  DAKOTA. 


391 


upon  the  admission  of  South  Dakota  as  a State  it  shall  assume 
and  pay  said  bonds  in  lieu  of  the  aforesaid  territorial  indebted- 
ness. 

AKTICLE  XIV. 

State  Institutions. 

Section  1.  The  charitable  and  penal  institutions  of  the  State 
of  South  Dakota  shall  consist  of  a penitentiary,  insane  hospital, 
a school  for  the  deaf  and  dumb,  a school  for  the  blind,  a ad  a 
reform  school. 

Sec.  2.  The  State  institutions  provided  for  in  the  preceding 
section  shall  be  under  the  control  of  a State  Board  of  Charities 
and  Corrections,  under  such  rules  and  restrictions  as  the  Legisla- 
ture shall  provide;  such  board  to  consist  of  not  to  exceed  five 
members,  to  be  appointed  by  the  Governor  and  confirmed  by 
the  Senate,  and  whose  compensation  shall  be  fixed  by  law. 

Sec.  3.  The  State  university,  the  agricultural  college,  the  nor- 
mal schools  and  all  other  educational  institutions  that  may  be 
sustained  either  wholly  or  in  part  by  the  State  shall  be  under 
the  control  of  a board  of  nine  members,  appointed  by  the  Gov- 
ernor and  confirmed  by  the  Senate,  to  be  designated  the  Kegents 
of  Education.  They  shall  hold  their  office  for  six  years,  three 
retiring  every  second  year. 

The  Kegents,  in  connection  with  the  faculty  of  each  institutiou, 
shaU  fix  the  course  of  study  in  the  same. 

The  compensation  of  the  Regents  shall  be  fixed  by  the  Legisla- 
ture. 

Sec.  4.  The  Regents  shall  appoint  a board  of  five  members 
for  each  institution  under  their  control,  to  be  designated  the 
board  of  trustees.  They  shall  hold  office  for  five  years,  one  mem- 
ber retiring  annually.  The  trustees  of  each  institution  shall 
appoint  the  faculty  of  the  same,  and  shall  provide  for  the  current 
management  of  the  institution,  but  all  appointments  and  remov- 
als must  have  the  approval  of  the  Regents  to  be  valid.  The  trus- 
tees of  the  several  institutions  shall  receive  no  compensation  for 
their  services,  but  they  shall  be  reimbursed  for  all  expenses 
incurred  in  the  discharge  of  their  duties,  upon  presenting  an 
itemized  account  of  the  same  to  the  proper  officer.  Each  board  of 
trustees  at  its  first  meeting  shall  decide  by  lot  the  order  in  which 
its  members  shall  retire  from  office. 


392 


CONSTITUTrOX  OF  SOUTH  DAKOTA. 


Sec.  5.  The  Legislature  shall  provide  that  the  science  of  min- 
ing and  metallurgy  be  taught  in  at  least  one  institution  of  learn- 
ing under  the  patronage  of  the  State. 

ARTICLE  XV. 

Militia. 

Section  1.  The  militia  of  the  State  of  South  Dakota  shall  con- 
sist of  all  able-bodied  male  persons  residing  in  the  State,  between 
the  ages  of  eighteen  and  forty-five  years,  except  such  persons  as 
now  are,  or  hereafter  may  be,  exempted  by  the  laws  of  the  United 
States  or  of  this  State. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  the  enroll- 
ment, uniforming,  equipment  and  discipline  of  the  militia,  and 
the  establishuieut  of  volunteer  and  such  other  organizations 
or  both,  as  may  be  deemed  necessary  for  the  protection  of  the 
State,  the  preservation  of  order  and  the  efficiency  and  good  of  the 
service. 

Sec.  3.  The  Legislature,  in  providing  for  the  organization  of 
the  militia,  shall  conform,  as  ncarl}"  as  practicable,,  to  the  regula- 
tions for  the  government  of  the  armies  of  the  United  States. 

Sec.  4.  All  militia  officers  shall  be  commissioned  by  the  Gov- 
ernor and  may  hold  their  commissions  for  such  period  of  time 
as  the  Legislature  may  provide,  subject  to  removal  by  the  Gov- 
ernor for  cause,  to  be  first  ascertained  by  a court-martial  pursu- 
ant to  law. 

Sec.  5.  The  militia  shall  in  (all)  cases  except  treason,  felony 
or  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  muster  and  elections,  and  in  going  to  and  return- 
ing from  the  same. 

Sec.  6.  All  militaiT  records,  banners  and  relics  of  the  State, 
except  when  in  lawful  use,  shall  be  preserved  in  the  office  of  the 
adjutant-general  as  an  enduring  memorial  of  the  patriotism  and 
valor  of  South  Dakota;  and  it  shall  be  the  duty  of  the  Legisla- 
ture to  provide  by  law  for  the  safe-keeping  of  the  same. 

Sec.  7.  No  person  having  conscientious  scruples  against  bear- 
big  arms  shall  be  compelled  to  do  military  duty  in  time  of  peace. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


393 


AKTICLE  XVI. 

I Dipeacliment  and  Removal  from  Office. 

Section  1.  The  House  of  Kepresentatives  shah  have  the  sole 
power  of  impeachment. 

The  concurrence  of  a majority  of  all  members  elected  shall  be 
necessary  to  an  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose  'the  Senators  shall  be  upon  oath  or 
aflirmation  to  do  justice  according  to  law  and  evidence.  No  per- 
son shall  be  convicted  without  the  concilrrence  of  two-thirds  of 
the  members  elected.  When  the  Governor  or  Lieutenant-Gov- 
ernor is  on  trial  the  presiding  judge  of  the  Supreme  Court  shall 
preside. 

Sec.  3.  The  Governor  and  other  State  and  judicial  officers 
except  county  judges,  justices  of  the  peace  and  police  magis- 
trates shall  be  liable  to  impeachment  for  dninkenness,  crimes, 
corrupt  conduct,  or  malfeasance  or  misdemeanor  in  office,  but 
judgment  in  such  cases  shall  not  extend  further  than  to  removal 
from  office  and  disqualification  to  hold  any  office  of  trust  or 
profit  under  the  State.  The  person  accused,  whether  convicted 
or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

Sec.  4.  All  officers  not  liable  to  impeachment  shall  be  subject 
to  removal  for  misconduct  or  malfeasance  or  crime  or  misde- 
meanor in  office  or  for  drunkenness  or  gross  incompetency,  in 
such  manner  as  may  be  provided  by  law. 

Sec.  5.  No  officer  shall  exercise  the  duties  of  his  office  after 
he  shall  have  been  impeached  and  before  his  acquittal. 

Sec.  6.  On  trial  of  an  impeachment  against  the  Governor  the 
Lieutenant-Governor  shall  not  act  as  a member  of  the  court. 

Sec.  7.  No  person  shall  be  tried  on  impeachment  before  he 
shall  have  been  served  witli  a copy  thereof  at  least  twenty  days 
previous  to  the  day  set  for  trial. 

Sec.  8.  No  person  shall  be  liable  to  impeachment  twice  for 
the  same  offense. 


ARTICLE  XVII. 

Corporations. 

Section  1.  No  corporation  shall  be  created  or  have  its  char- 
ter extended,  changed  or  amended  by  special  laws  except  those 


894 


CONSTITUTION  OF  SOUTH  DAKOTA. 


for  charitable,  educational,  penal  or  reformatory  purposes,  which 
are  to  be  and  remain  under  the  patronage  and  control  of  the 
State;  but  the  Legislature  shall  provide  by  general  laws  for  the 
organization  of  all  corporations  hereafter  to  be  created. 

Sec.  2.  All  existing  charters  or  grants  of  special  or  exclusiv'e 
privileges,  under  which  a bona  fide  organization  shall  not  have 
taken  place  and  business  been  commenced  in  good  faith  at  the 
time  this  Constitution  takes  effect,  shall  thereafter  have  no 
validity. 

Sec.  3.  The  Legislature  shall  not  remit  the  forfeiture  of  the 
charter  of  any  corporation  now  existing  nor  alter  or  amend  the 
same  nor  pass  any  other  general  or  special  law  for  the  benefit  of 
such  corporation,  except  upon  the  condition  that  such  corpora- 
tion shall  thereafter  hold  its  charter  subject  to  the  provisions  of 
this  Constitution. 

Sec.  4.  The  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  or  so  construed  as  to  prevent  the  Legislature 
from  taking  the  property  and  franchises  of  incorporated  com- 
panies and  subjecting  them  to  public  use,  the  same  as  the  prop- 
erty of  individuals,  and  the  exercise  of  the  police  power  of  the 
State  shall  never  be  abridged  or  so  construed  as  to  permit  cor- 
porations to  conduct  their  business  in  such  manner  as  to 
infringe  the  equal  rights  of  individuals  or  the  general  well  being 
of  the  State. 

Sec.  5.  In  all  elections  for  directors  or  -managers  of  a cor- 
poration each  member  or  shareholder  may  cast  the  whole  num- 
ber of  his  votes  for  one  candidate,  or  distribute  them  upon  two 
or  more  candidates  as  he  may  prefer. 

Sec.  0.  No  foreign  corporation  shall  do  any  business  in  this 
State  without  having  one  or  more  known  places  of  business  and 
an  authorized  agent  or  agents  in  the  same  upon  whom  process 
may  be  served. 

S(M*.  7.  No  coi‘])oi'atiou  shall  engage  in  any  business  other 
than  that  expressly  authorized  in  its  charter,  nor  shall  it  take 
or  hold  any  real  estate  except  such  as  may  be  necessary  and 
])i'oper  for  its  legitimate  business. 

Sec.  8.  No  corporation  shall  issue  stocks  or  bonds  except  for 
money,  labor  done,  or  money  or  property  actually  received; 
and  all  lielilions  increase  of  slock  or  indebtedness  shall  be  void. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


395 


The  stock  and  indebtedness  of  corporations  shall  not  be  increased 
except  in  pursuance  of  general  law  nor  without  the  consent  of 
the  persons  holding  the  larger  amount  in  value  of  the  stock  first 
obtained,  at  a meeting  to  be  held  after  sixty  days’  notice  given 
in  pursuance  of  law. 

Sec.  9.  The  Legislature  shall  have  the  power  to  alter,  rewlse 
or  annul  any  charter  of  any  corporation  now  existing  and 
revokable  at  the  taking  effect  of  this  Constitution,  or  any  that 
may  be  created,  whenever  in  their  opinion  it  may  be  injurious 
to  the  citizens  of  this  State,  in  such  a manner,  however,  that  no 
injustice  shall  be  done  to  the  incorporators.  No  law  hereafter 
enacted  shaU  create,  renew  or  extend  the  charter  of  more  than 
one  corporation. 

Sec.  10.  No  law  shall  be  passed  by  the  Legislature  granting 
the  right  to  construct  and  operate  a street  railroad  within  any 
city,  town  or  incorporated  village  without  requiring  the  con- 
sent of  the  local  authorities  having  the  control  of  the  street  or 
highway  proposed  to  be  occupied  by  said  such  street  railroad. 

Sec.  11.  Any  association  or  corporation  organized  for  the 
purpose,  or  any  individual,  shall  have  the  right  to  construct 
and  maintain  lines  of  telegraph  in  this  State,  and  to  connect 
the  same  with  other  lines  ; and  the  Legislature  shall  by  general 
law  of  uniform  operation  provide  reasonable  regulations  to  give 
full  effect  to  this  section.  No  telegraph  company  shall  consoli- 
date with  or  hold  a controlling  interest  in  the  stock  or  bonds 
of  any  other  telegraph  company  owning  a competing  line,  or 
acquire  by  purchase  or  otherwise  any  other  competing  line  of 
telegraph. 

Sec.  12.  Every  railroad  corporation  organized  or  doing  busi- 
ness in  this  State  under  the  laws  or  authority  thereof  shall  have 
and  maintain  a public  office  or  place  in  this  State  for  the  trans- 
action of  its  business,  where  transfers  of  its  stocks  shall  be 
made  and  in  which  shall  be  kept  for  public  inspection  books  in 
which  shall  be  recorded  the  amount  of  capital  stock  subscribed, 
and  by  whom  ; the  names  of  the  owners  of  its  stock,  and  the 
amount  owned  by  them  respectively  ; the  amount  of  stock  paid 
in,  and  by  whom  ; the  transfers  of  said  stock  ; the  amount  of  its 
assets  and  liabilities,  and  the  names  and  place  of  residence  of 
its  officers.  The  directors  of  every  railroad  corporation  shall 


396 


CONSTITUTION  OF  SOUTH  DAKOTA. 


annually  make  a report,  under  oath,  to  the  auditor  of  public 
accounts  or  some  officer  or  officers  to  be  designated  by  law,  of 
all  their  acts  and  doings,  which  report  shall  include  such  mat* 
ters  relating  to  railroads  as  may  be  prescribed  by  law,  and  the 
Legislature  shall  pass  laws  enforcing  by  suitable  penalties  the 
provisions  of  this  section. 

Sec.  13.  The  rolling  stock  and  all  other  movable  property 
belonging  to  any  railroad  company  or  corporation  in  this  State 
shall  be  considered  personal  property,  and  shall  be  liable  to 
execution  and  sale  in  the  same  manner  as  the  personal  property 
of  individuals,  and  the  Legislature  shall  pass  no  laws  exempting 
such  property  from  execution  and  sale. 

Sec.  14.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation 
owning  a parallel  or  competing  line  ; and  in  no  case  shall  any 
consolidation  take  place  except  upon  public  notice  given  out, 
at  least  sixty  days  to  all  stockholders)  in  such  manner  as  may 
be  provided  by  law.  Any  attempt  to  evade  the  provisions  of 
this  section,  by  any  railroad  corporation,  by  lease  or  otherwise, 
shall  work  a forfeiture  of  its  charter. 

* Sec.  15.  Kailways  heretofore  constructed  or  that  may  here- 
after be  constructed,  in  this  State,  are  hereby  declared  public 
highways,  and  all  railroads  and  transportation  companies  are 
declared  to  be  common  carriers  and  subject  to  legislative  con- 
trol ; and  the  Legislature  shall  have  power  to  enact  laws 
regulating  and  controlling  the  rates  of  charges  for  the  transpor- 
tation of  passengers  and  freight  as  such  common  carrier  from 
one  point  to  another  in  this  State. 

Sec.  16.  Any  association  or  corporation  organized  for  the 
purpose  shall  have  the  right  to  construct  and  operate  a railroad 
between  any  points  within  this  State,  amd  to  connect  at  the 
State  line  with  railroads  of  other  States.  Every  railroad  com- 
pany shall  have  the  right  with  its  road  to  intersect,  connect 
with,  or  cross  any  other  railroad,  and  shall  receive  and  trans- 
port each  the  other’s  passengers,  tonnage  and  cars,  loaded  -or 
empty,  without  delay  or  discrimination. 

Sec.  17.  The  Legislature  shall  pass  laws  to  correct  abuses  and 
prevent  discrimination  and  extortion  in  the  rates  of  freight  and 
passenger  tariffs  on  the  different  railroads  in  this  State,  and 


CONSTITUTION  OF  SOUTH  DAKOTA. 


397 


enforce  such  laws  by  adequate  penalties,  to  the  extent,  if  neces> 
sary  for  that  purpose,  of  forfeiture  of  their  property  and 
franchises. 

Sec.  18  Municipal  and  other  corporations  and  individuals 
invested  with  the  privilege  of  taking  private  property  for  public 
use  shall  make  just  compensation  for  property  taken,  injured 
or  destroyed,  by  the  construction  or  enlargement  of  their  works, 
higiiways  or  improvements,  which  compensation  shall  be  paid  or 
secured  before  such  taking,  injuiy  or  destruction.  The  Legis- 
lature is  hereby  prohibited  from  depriving  any  person  of  iin 
appeal  from  any  preliminary  assessment  of  damages  against 
any  such  corporation  or  individuals  made  by  viewers  or  other- 
wise, and  the  amount  of  such  damages  in  all  cases  of  appeal 
shall,  on  the  demand  of  either  party,  be  determined  by  a jury 
as  in  other  civil  cases. 

Sec.  19.  The  term  corporations  as  used  in  this  article  shall 
be  construed  to  include  all  joint-stock  companies  or  associations 
having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships. 

ARTICLE  XVIII. 

Banking  and  Ciu'rency. 

Section  1.  If  a general  banking  law  shall  be  enacted  it  shall 
provide  for  the  registry  and  countersigning  by  an  officer  of 
this  State  of  all  bills  or  paper  credit  designated  to  circulate  as 
money,  and  require  security  to  the  full  amount  thereof,  to  be 
deposited  with  the  State  Treasurer,  in  the  approved  securities 
of  the  state  or  of  the  United  States,  to  be  rated  at  ten  per 
centum  below  their  par  value,  and  in  case  of  their  depreciation 
the  deficiency  shall  be  made  good  by  depositing  additional 
securities. 

Sec.  2.  Every  bank,  banking  company  or  corporation  shall 
be  required  to  cease  all  banking  operation  within  twenty  years 
from  the  time  of  its  organization,  and  promptly  thereafter  close 
its  business,  but  shall  have  corporate  capacity  to  sue  or  be  sued 
until  its  business  is  fully  closed,  but  the  Legislature  may  pro- 
vide by  general  law  for  the  reorganization  of  such  banks. 

Sec.  3.  The  shareholders  or  stockholders  of  any  banking  cor- 
poration shall  be  held  individually  responsible  and  liable  for  all 


398 


CONSTITUTION  OF  SOUTH  DAKOTA. 


contracts,  debts  and  engagements  of  such  corporation  to  the 
extent  of  the  amount  of  their  stock  therein,  at  the  par  value 
thereof,  in  addition  to  the  amount  invested  in  such  shares  or 
stock  ; and  such  individual  liabilities  shall  continue  for  one 
year  after  any  transfer  or  sale  of  stock  by  any  stockholder  or 
stockholders. 

ARTICLE  XIX. 

Congressional  and  Legislative  A'pportionment. 

Section  1.  Until  otherwise  provided  by  law,  the  members  of 
the  House  of  Representatives  of  the  United  States,  apportioned 
to  this  State,  shall  be  elected  by  the  State  at  large. 

Sec.  2.  Until  otherwise  provided  by  law,  the  senatorial  and 
representative  districts  shall  be  formed,  and  the  Senators  and 
Representatives  shall  be  apportioned,  as  follows: 

Senatorial  Districts. 

District  No.  1 shall  consist  of  the  county  of  Union  and  be 
entitled  to  one  Senator. 

District  No.  2 shall  consist  of  the  county  of  Clay,  and  be 
entitled  to  one  Senator 

District  No.  3 shall  consist  of  the  county  of  Yankton,  and  be 
entitled  to  one  Senator. 

District  No.  4 shall  consist  of  the  county  of  Bon  Homme,  and 
be  entitled  to  one  Senator. 

District  No.  5 shall  consist  of  the  county  of  Lincoln,  and  be 
entitled  to  one  Senator. 

District  No.  6 shall  consist  of  the  county  of  Turner,  and  be 
entitled  to  one  Senator. 

District  No.  7 shall  consist  of  the  county  of  Hutchinson,  and 
be  entitled  to  one  Senator. 

District  No.  8 shall  consist  of  the  counties  of  Charles  Mix  and 
Douglas,  and  be  entitled  to  one  Senator. 

District  No.  9 shall  consist  of  the  county  of  Minnehaha,  and 
be  entitled  to  two  Senators. 

District  No.  10  shall  consist  of  the  county  of  McCook,  and  be 
entitled  to  one  Senator. 

District  No.  11  shall  consist  of  the  county  of  Hanson,  and  be 
entitled  to  one  Senator. 

District  No.  12  shall  consist  of  the  county  of  Davison,  and  be 
<‘iititled  to  one  Senator. 


COXSTITUTIOX  OF  SOUTH  DAKOTA.  399 

District  No.  13  shall  consist  of  the  county  of  Aurora,  and  be 
entitled  to  one  Senator. 

District  No.  14  shall  consist  of  the  county  of  Bnile,  and  be 
entitled  to  one  Senator. 

District  No.  15  shall  consist  of  the  county  of  Moody,  and  be 
entitled  to  one  Senator. 

District  No.  IG  shall  consist  of  the  county  of  Lake,  and  be 
entitled  to  one  Senator. 

District  No.  17  shall  consist  of  the  county  of  Miner,  and  be 
entitled  to  one  Senator. 

District  No.  18  shall  consist  of  the  county  of  Sanborn,  and  be 
entitled  to  one  Senator. 

District  No.  19  shall  consist  of  the  counties  of  Jerauld  and 
Buffalo,  and  be  entitled  to  one  Senator. 

District  No.  20  shall  consist  of  the  county  of  Brookings,  and 
be  entitled  to  one  Senator. 

District  No.  21  shall  consist  of  the  county  of  Kingsbury,  and 
be  entitled  to  one  Senator. 

District  No.  22  shall  consist  of  the  county  of  Beadle,  and  be 
entitled  to  one  Senator. 

District  No.  23  shall  consist  of  the  county  of  Hand,  and  be 
entitled  to  one  Senator. 

District  No.  24  shall  consist  of  the  counties  of  Hyde  and 
Hughes,  and  be  entitled  to  one  Senator. 

District  No.  25  shall  consist  of  the  counties  of  Sully  and  Pot- 
ter, and  be  entitled  to  one  Senator. 

District  No.  26  shall  consist  of  the  county  of  Deuel,  and  be 
entitled  to  one  Senator. 

District  No.  27  shall  consist  of  the  county  of  Hamlin,  and  be 
entitled  to  one  Senator. 

District  No.  28  shall  consist  of  the  county  of  Codington,  and 
be  entitled  to  one  Senator. 

District  No.  29  shall  consist  of  the  county  of  Clark,  and  be 
entitled  to  one  Senator. 

District  No.  30  shall  consist  of  the  county  of  Spink,  and  be 
entitled  to  two  Senators. 

District  No.  31  shall  consist  of  the  counties  of  Grant  and 
Roberts,  and  be  entitled  to  one  Senator. 

District  No.  32  shall  consist  of  the  county  of  Day,  and  be 
<*ntitled  to  one  Senator. 


400 


CONSTITUTION  OF  SOUTH  DAKOTA. 


District  No.  33  shall  consist  of  the  county  of  Brown,  and  be 
entitled  to  two  Senators. 

District  No.  34  shall  consist  of  the  county  of  Marshall,  and  be 
entitled  to  one  Senator. 

District  No.  35  shall  consist  of  the  county  of  Faulk,  and  be 
entitled  to  one  Senator. 

District  No.  3G  shall  consist  of  the  counties  of  Edmunds  and 
^fcPherson,  and  be  entitled  to  one  Senator. 

District  No.  37  shall  consist  of  the  counties  of  Walworth  and 
Campbell,  and  be  entitled  to  one  Senator. 

District  No.  38  shall  consist  of  the  county  of  Lawrence,  and 
be  entitled  to  two  Senators. 

District  No.  39  shall  consist  of  the  county  of  Pennington,  and 
be  entitled  to  one  Senator. 

District  No.  40  shall  consist  of  the  counties  of  Meade  and  Butte, 
and  be  entitled  to  one  Senator. 

District  No.  41  shall  consist  of  the  county  of  Custer,  and  be 
entitled  to  one  Senator. 

Eepresentative  Districts. 

District  No.  1 shall  consist  of  the  county  of  Union,  and  be 
entitled  to  three  Kepresentatives. 

District  No.  2 shall  consist  of  the  county  of  Clay,  and  be 
entitled  to  two  Kepresentatives. 

District  No.  3 shall  consist  of  the  county  of  Yankton,  and  be 
entitled  to  four  Kepresentatives. 

District  No.  4 shall  consist  of  the  county  of  Bon  Homme,  and  be 
entitled  to  three  Kepresentatives. 

District  No.  5 shall  consist  of  the  county  of  Lincoln,  and  be 
entitled  to  three  Kepresentatives. 

District  No.  6 shall  consist  of  the  county  of  Turner,  and  be 
entitled  to  three  Kepresentatives. 

District  No.  7 shall  consist  of  the  county  of  Hutchinson,  and  be 
entitled  to  two  Kepresentatives. 

District  No.  8 shall  consist  of  the  county  of  Douglas,  and  be 
entitled  to  two  Kepresentatives. 

District  No.  9 shall  consist  of  the  county  of  Charles  Mix,  and 
be  entitled  to  two  Kepresentatives. 

District  No.  10  shall  consist  of  the  county  of  Minnehaha,  and 
be  entitled  to  seven  Kepresentatives. 


CONSTITUTION  OF  SOUTH  DAKOTA.  401 

District  No.  11  shall  consist  of  the  county  of  McCook,  and  be 
entitled  to  two  Representatives. 

District  No.  12  shall  consist  of  the  county  of  Hanson,  and  be 
entitled  to  two  Representatives. 

District  No.  13  shall  consist  of  the  county  of  Davison,  and  be 
entitled  to  two  Representatives. 

District  No.  14  shall  consist  of  the  county  of  Aurora,  and  be 
entitled  to  two  Representatives. 

District  No.  15  shall  consist  of  the  county  of  Brule,  and  be 
entitled  to  three  Representatives. 

District  No.  16  shall  consist  of  the  county  of  Moody,  and  be 
entilhMl  to  two  Representatives. 

District  No.  17  shall  consist  of  the  county  of  Lake,  and  be 
entitled  to  three  Representatives. 

District  No.  18  shall  consist  of  the  county  of  Miner,  and  be 
entitled  to  two  Representatives. 

District  No.  19  shall  consist  of  the  county  of  Sanborn,  and  be 
entitled  to  two  Representatives. 

District  No.  20  shall  consist  of  the  county  of  Jerauld,  and  be 
entitled  to  one  Representative. 

District  No.  21  shall  consist  of  the  county  of  Buffalo,  and  be 
entitled  to  one  Representative. 

District  No.  22  shall  consist  of  the  county  of  Brookings,  and  be 
entitled  to  three  Representatives. 

District  No.  23  shall  consist  of  the  county  of  Kingsbury,  and  be 
entitled  to  three  Representatives. 

District  No.  24  shall  consist  of  the  county  of  Beadle,  and  be 
entitled  to  live  Representatives. 

District  No.  25  shall  consist  of  the  county  of  Hand,  and  be 
entitled  to  three  Representatives. 

District  No.  26  shall  consist  of  the  county  of  Hyde,  and  be 
entitled  to  one  Representative. 

District  No.  27  shall  consist  of  the  county  of  Hughes,  and  be 
entitled  to  one  Representative. 

District  No.  28  shall  consist  of  the  county  of  Sully,  and  be 
entitled  to  one  Representative. 

District  No.  29  shall  consist  of  the  county  of  Deuel,  and  be 
entitled  to  two  Representatives. 

District  No.  30  shall  consist  of  the  county  of  Hamlin,  and  be 
entitled  to  two  Representatives. 


402 


CONSTITUTION  OF  SOUTH  DAKOTA. 


District  No.  31  shall  consist  of  the  county  of  Codington,  and  be 
entitled  to  three  Representatives. 

District  No.  32  shall  consist  of  the  county  of  Clark,  and  be 
entitled  to  three  Representatives. 

District  No.  33  shall  consist  of  the  county  of  Spink,  and  be 
entitled  to  five  Representatives. 

District  No.  34  shall  consist  of  the  county  of  Faulk,  and  be 
entitled  to  two  Representatives. 

District  No.  35  shall  consist  of  the  county  of  Potter,  and  be 
entitled  to  one  Representative. 

District  No.  36  shall  consist  of  the  county  of  Grant,  and  be 
entitled  to  two  Representatives. 

District  No.  37  shall  consist  of  the  county  of  Roberts,  and  be 
entitled  to  one  Representative. 

District  No.  38  shall  consist  of  the  county  of  Day,  and  be 
entitled  to  three  Representatives. 

District  No.  39  shall  consist  of  the  county  of  Marshall,  and  be 
entitled  to  two  Representatives. 

District  No.  40  shall  consist  of  the  county  of  Brown,  and  be 
entitled  to  eight  Representatives. 

District  No.  41  shall  consist  of  the  county  of  Edmunds,  and  be 
entitled  to  two  Representatives. 

District  No.  42  shall  consist  of  the  county  of  Walworth,  and  be 
entitled  to  one  Representative. 

District  No.  43  shall  consist  of  the  county  of  McPherson,  and  be 
entitled  to  two  Representatives. 

District  No.  44  shall  consist  of  the  county  of  Campbell,  and  be 
entitled  to  one  Representative. 

District  No.  45  shall  consist  of  the  county  of  Fall  River,  and  be 
entitled  to  one  Representative. 

District  No.  46  shall  consist  of  the  county  of  Custer,  and  be 
entitled  to  two  Representatives. 

District  No.  47  shall  consist  of  the  county  of  Pennington,  and 
be  entitled  to  two  Representatives. 

District  No.  48  shall  consist  of  the  county  of  Meade,  and  be 
entitled  to  two  Representatives. 

District  No.  49  shall  consist  of  the  county  of  Lawrence,  and  be 
entitled  to  six  Representatives. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


403 


i >istrict  No.  50  shall  consist  of  the  county  of  Butte,  and  be 
entitled  to  one  Representative. 

ARTICLE  XX. 

Seat  of  G averment. 

Section  1.  The  question  of  the  location  of  the  temporary  seat 
of  government  shall  be  submitted  to  a vote  of  the  electors  of  the 
proposed  State  of  South  Dakota,  in  the  same  manner  and  at  the 
same  election  at  which  this  Constitution  shall  be  submitted,  and 
the  place  receiving  the  highest  number  of  votes  shall  be  the 
temporary  seat  of  government  until  a permanent  seat  of  govern- 
ment shall  be  established  as  hereinafter  provided. 

Sec.  2.  The  Legislature,  at  its  first  session  after  the  admission 
of  this  State,  shall  provide  for  the  submission  of  the  question 
of  a place  for  a permanent  seat  of  government  to  the  qualified 
voters  of  the  State  at  the  next  general  election  thereafter,  and 
that  place  which  receives  a majority  of  all  the  votes  cast  upon 
that  question  shall  be  the  permanent  seat  of  government. 

Sec.  3.  Should  no  x>lJice  voted  for  at  said  election  have  a 
majority  of  all  votes  cast  upon  this  question,  the  Governor  shall 
issue  his  proclamation  for  an  election  to  be  held  in  the  same 
manner  at  the  next  general  election  to  choose  between  the  two 
places  having  received  the  highest  number  of  votes  cast  at  the 
first  election  on  this  question.  This  election  shall  be  conducted 
in  the  same  manner  as  the  first  election  for  the  permanent  seat 
of  government,  and  the  place  receiving  a majority  of  all  the 
votes  cast  upon  this  question  shall  be  the  permanent  seat  of 
government. 

ARTICLE  XXL 

Miscellaneo  us . 

Section  1.  Seal  and  Coat  of  Arms. — The  design  of  the  great 
seal  of  South  Dakota  shall  be  as  follows  : A circle  within 

which  shall  appear  in  the  left  foreground  a smelting  fur- 
nace and  other  features  of  mining  work.  In  the  left  back- 
ground a range  of  hills.  In  the  right  foreground  a farmer  at 
his  plow.  In  the  right  background  a herd  of  cattle  and  a field 
of  corn.  Between  the  two  parts  thus  described  shall  appear  a 
river  bearing  a steamboat.  Properly  divided  between  the 
upper  and  lower  edges  of  the  circle  shall  appear  the  legend, 
Under  God  the  People  Rule,”  which  shall  be  the  motto  of  the 


404 


CONSTITUTION  OF  SOUTH  DAKOTA. 


State  of  South  Dakota.  Exterior  to  this  circle  and  within  a 
circumscribed  circle  shall  appear,  in  the  upper  part,  the  words 
“ State  of  South  Dakota.”  In  the  lower  part  the  words  Great 
Seal,”  and  the  date  in  Arabic  numerals  of  the  year  in  which  the 
State  shall  be  admitted  to  the  Union. 

Sec.  2.  Compensation  of  Public  Officers. — The  Governor 
shall  receive  an  annual  salary  of  two  thousand  five 
hundred  dollars;  the  judges  of  the  Supreme  Court  shall 
each  receive  an  annual  salary  of  two  thousand  five  hundred 
dollars  ; the  judges  of  the  Circuit  Courts  shall  each  receive 
an  annual  salary  of  two  thousand  dollars:  Provided,  That  the 

Legislature  may,  after  the  year  one  thousand  eight  hundred  and 
ninety,  increase  the  annual  salary  of  the  Governor  and  each  of 
the  judges  of  the  Supreme  Court  to  three  thousand  dollars,  and 
the  annual  salary  of  each  of  the  Circuit  Court  judges  to  two 
thousand  five  hundred  dollars. 

The  Secretary  of  State,  State  Treasurer  and  State  Auditor 
shall  each  receive  an  annual  salary  of  one  thousand  eight  hum 
dred  dollars;  the  Commissioner  of  School  and  Public  Lands  shall 
receive  an  annual  salary  of  one  thousand  eight  hundred  dollars  ; 
the  Superintendent  of  Public  Instmction  shall  receive  an  annual 
salary  of  one  thousand  eight  hundred  dollars  ; the  Attorney^ 
General  shall  receive  an  annual  salary  of  one  thousand  dollars  ; 
the  compensation  of  the  Lieutenant-Governor  shall  be  double 
the  compensation  of  a State  Senator. 

They  shall  receive  no  fees  or  perquisites  whatever  for  the 
performance  of  any  duties  connected  with  their  offices.  It  shall 
not  be  competent  for  the  Legislature  to  increase  the  salaries  of 
the  officers  named  in  this  article  except  as  herein  provided. 

Sec.  3.  Oath  of  Office. — Every  person  elected  or  appointed 
to  any  office  in  this  State,  except  such  inferior  offices  as  may 
be  by  law  exempted,  shall,  before  entering  upon  the  duties 
thereof,  take  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States  and  of  this  State,  and  faithfully  to  discharge 
the  duties  of  his  office. 

Sec.  4.  Exemptions. — The  right  of  the  debtor  to  enjoy  the . 
comforts  and  necessaries  of  life  shall  be  recognized  by  whole- 
some laws;  exempting  from  forced  sale  a homestead,  thei  value 


CONSTITUTION  OF  SOUTH  DAKOTA. 


405 


of  which  shall  be  limited  and  defined  bv  law,  to  all  heads  of 
families,  and  a reasonable  amount  of  personal  property,  the 
kind  and  value  of  which  to  be  fixed  by  general  law. 

Sec.  5.  Eights  of  Married  Women. — The  real  and  personal 
piN^perty  of  any  woman  in  this  State  acquired  before  marriage, 
and  all  property  to  which  she  may  after  marriage  become  in  any 
manner  rightfully  entitled,  shall  be  her  separate  property,  and 
shall  not  be  liable  for  the  debts  of  her  husband. 

AETICLE  XXn. 

Compact  vnth.  United  States. 

The  following  article  shall  be  irrevocable  without  the  consent 
of  the  United  States  and  the  people  of  the  State  of  South  Dakota 
expressed  by  their  legislative  assembly  : 

Fii-st  — That  perfect  toleration  of  religious  sentiment  shall 
be  secured,  and  that  no  inhabitant  of  this  State  shall  ever  be 
molested  in  person  or  property  on  account  of  his  or  her  mode 
of  religious  worship. 

Second  — That  we,  the  people  inhabiting  the  State  of  South 
Dakota,  do  agree  and  declare  that  we  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying  within  the 
boundary  of  South  Dakota,  and  to  all  lands  lying  within  said 
limits  owned  or  held  by  any  Indian  or  Indian  tribes;  and  that 
until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States,  the  same  shall  be  and  remain  subject  to  the  dis- 
position of  the  United  States  ; and  said  Indian  lands  shall 
remain  under  the  absolute  jurisdiction  and  control  of  the  Con- 
gress of  the  United  States  ; that  the  lands  belonging  to  citizens 
of  the  United  States  residing  without  the  said  State  shall  never 
be  taxed  at  a higher  rate  than  the  lands  belonging  to  residents 
of  this  State  ; that  no  taxes  shall  be  imposed  by  the  State  of 
South  Dakota  on  lands  or  property  therein  belonging  to  or 
which  may  hereafter  be  purchased  by  the  United  States,  or 
reserved  for  its  use.  But  nothing  herein  shall  preclude  'the 
State  of  South  Dakota  from  taxing  as  other  lands  are  taxed 
any  lands  ov  ned  or  held  by  any  Indian  who  has  severed  his 
tribal  relation  and  has  obtained  from  the  United  States,  or 
from  any  person,  a title  thereto  by  patent  or  other  grant,  save 
and  except  such  lands  as  have  been  or  may  be  granted  to  any 


406 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Indian  or  Indians  under  any  act  of  Congress  containing  a pro- 
vision exempting  the  lands  thus  granted  from  taxation.  All 
such  lands  which  may  have  been  exempted  by  any  grant  or  law 
of  the  United  States  shall  remain  exempt  to  the  extent  and  as 
prescribed  by  such  act  of  Congress. 

Third  — That  the  State  of  South  Dakota  shall  assume  and 
pay  that  portion  of  the  debts  and  liabilities  of  the  Territory  of 
Dakota  as  provided  by  this  Constitution. 

Fourth  — That  provision  shall  be  made  for  the  establishment 
and  maintenance  of  systems  of  public  schools,  which  shall  be 
opened  to  all  the  children  of  this  State,  and  free  from  sectarian 
control. 

ARTICLE  XXIII. 

Amendments  and  Revisions  of  the  Constitution. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  house  of  the  Legislature,  and  if 
the  same  shall  be  agreed  to  by  a majority  of  the  members  elected 
to  each  of  the  two  houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals,  with  the  yeas  and  nays 
taken  thereon,  and  it  shall  be  the  duty  of  the  Legislature  to  sub- 
mit such  proposed  amendment  or  amendments  to  the  vote  of 
the  people  at  the  next  general  election.  And  if  the  people 
shall  approve  and  ratify  such  amendment  or  amendments  by  a 
majority  of  the  electors  voting  thereon,  such  amendment  or 
amendments  shall  become  a part  of  this  Constitution ; provided, 
that  the  amendment  or  amendments  so  proposed  shall  be  pub- 
lished for  a period  of  twelve  weeks  previous  to  the  date  of  said 
election,  in  such  manner  as  the  Legislature  may  provide  ; and 
provided  further,  that  if  more  than  one  amendment  be  submitted, 
they  shall  be  submitted  in  such  manner  that  the  people  may 
vote  for  or  against  such  amendment  separately. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  think  it  necessary  to  call  a con- 
vention to  revise  this  Constitution  they  shall  recommend  to  the 
electors  to  vote  at  the  next  election  for  members  of  the  Legisla- 
ture, for  or  against  a convention  ; and  if  a majority  of  all  the 
electors  voting  at  said  election  shall  have  voted  for  a conven- 
tion, the  Legislature  shall,  at  their  next  session,  provide  by  law 
for  calling  the  same.  The  convention  shall  consist  of  as  many 


CONSTITUTION  OF  SOUTH  DAKOTA. 


407 


members  as  the  House  of  Kepresentatives  of  the  Legislature,  and 
shall  be  chosen  in  the  same  manner,  and  shall  meet  within  three 
months  after  their  election  for  the  purpose  aforesaid. 

AKTICLE  XXIV. 

Prohibition. 

No  person  or  corporation  shall  manufacture,  or  aid  iu  the 
manufacture  for  sale,  any  intoxicating  liquor  ; no  person  shall 
sell  or  keep  for  sale,  as  a beverage,  any  intoxicating  liquor. 
The  Legislature  shall  by  law  prescribe  regulations  for  the  enforce* 
ment  of  the  provisions  of  this  section  and  provide  suitable  and 
adequate  penalties  for  the  violation  thereof.  (Adopted  October 
1,  1889,  by  the  following  vote  : For  prohibition,  40,234  ; against 
prohibition,  34,510.) 

AKTICLE  XXV. 

Minor i ty  Represen fa tion. 

Section  1.  The  House  of  Kepresentatives  shall  consist  of  three 
times  the  number  of  the  members  of  the  Senate,  and  the  term  of 
office  shall  be  two  years.  Three  representatives  shall  be  elected 
in  each  senatorial  district  at  the  first  general  election  held  after 
this  Constitution  takes  effect,  and  every  two  years  thereafter. 

Sec.  2.  In  all  elections  of  representatives  aforesaid  each 
qualified  voter  may  cast  as  many  votes  for  one  candidate  as 
there  are  representatives  to  be  elected,  or  may  distribute  the 
same,  or  equal  parts  thereof,  among  the  candidates  as  he  may 
see  fit  ; and  the  candidates  highest  in  votes  shall  be  declared 
elected.  (Kejected  October  1,  1889,  by  the  following  vote:  For 

minority  representation,  24,161,  against  minority  representation, 
46,200.) 

AKTICLE  XXVI. 

Schedule  and  Ordinance. 

Section  1.  That  no  inconvenience  may  arise  from  the  change 
of  the  territorial  government  to  the  permanent  State  government, 
it  is  hereby  declared  that  all  writs,  actions,  prosecutions,  claims 
and  rights  of  individuals,  and  all  bodies  corporate,  shall  con* 
tinue  as  if  no  change  had  taken  place  in  this  government ; and 
all  process  which  may  be  before  the  organization  of  the  judicial 
department  under  this  Constitution  issued  under  the  authority 


408 


CONSTITUTION  OF  SOUTH  DAKOTA. 


of  the  Territory  of  Dakota,  within  the  boundary  of  this  State, 
shall  be  as  valid  as  if  issued  in  the  name  of  the  State  of  South 
Dakota. 

Sec.  2.  That  all  fines,  penalties,  forfeitures  and  escheats 
accruing  to  the  Territory  of  Dakota,  within  the  boundary  of  the 
State  (rf  South  Dakota,  shall  accrue  to  the  use  of  said  State. 

Sec.  3.  That  all  recognizances,  bonds,  obligations  or  other 
undertakings,  heretofore  taken,  or  which  may  be  taken  before 
the  organization  of  the  judicial  department  under  this  Constitu- 
tion shall  remain  valid,  and  shall  pass  over  to,  and  may  be 
prosecuted  in  the  name  of  the  State  of  South  Dakota  ; and  all 
bonds,  obligations  or  undertakings  executed  to  this  territory, 
within  the  boundaries  of  the  State  of  South  Dakota,  or  to  any 
officer  in  his  official  capacity,  shall  pass  over  to  the  proper  State 
authority,  and  to  their  successors  in  office,  for  the  uses  therein 
respectively  expressed,  and  may  be  sued  for  and  recovered 
accordingly. 

All  criminal  prosecutions  and  penal  actions,  which  have 
arisen,  or  which  may  arise  before  the  organization  of  the  judicial 
department  under  this  Constitution,  and  which  shall  then  be 
pending,  may  be  prosecuted  to  judgment  and  executed  in  the 
name  of  the  State. 

Sec.  4.  All  officers,  civil  and  military,  now  holding  their 
offices  and  appointments  in  this  territory  under  the  authority  of 
the  United  States,  or  under  the  authority  of  the  Territory  of 
r>akota,  shall  continue  to  hold  and  exercise  their  respective 
offices  and  appointments  until  superseded  under  this  Constitu- 
tion ; provided  that  the  provisions  of  the  above  sections  shall 
be  subject  to  the  provisions  of  the  act  of  Congress  providing 
for  the  admission  of  the  State  of  South  Dakota,  approved  by 
the  Uresident  of  the  United  States  on  February  22,  1889. 

Sec.  5.  This  Constitution  shall  be  submitted  for  adoption  or 
rejection  to  a vote  of  the  electors  qualified  by  the  laws  of  this 
Territory  to  vote  at  all  elections,  at  the  election  to  be  held  on 
Tuesday,  October  1,  1889. 

At  the  said  election  the  ballots  shall  be  in  the  following  form  i 

For  the  Constitution:  Yes.  No. 

l^'or  Ui'oliibiiion : Y(‘s.  No. 

I'^>r  ^linority  Kei)resentation : Y(*s.  No. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


40U 


As  a lieadinji’  to  eacli  of  said  ballots  shall  be  printed  on 
each  ballot  the  following  instructions  to  voters: 

.Vll  persons  desiring  to  vote  for  the  Constitution,  or  for  any 
of  the  articles  submitted  to  a separate  vote,  must  erase  the  word 
No." 

All  persons  who  desire  to  vote  against  the  Constitution,  or 
against  any  article  submitted,  separately,  must  erase  the  word 
Yes." 

*Vny  ])erson  may  havn  printed  or  written  on  his  ballot  only  the 
tvords  For  the  Constitution,'’  or  “Against  the  Constitution,” 
and  such  ballots  shall  be  counted  for,  or  against  the  Constitution 
arcordingly.  The  same  provision  shall  apply  to  articles  sub* 
mitted  separately. 

In  addition  to  the  foregoing  election  for  the  Constitution  and 
for  the  articles  submitted  by  this  convention  for  a separate  vote 
thereon,  an  election  shall  be  held  at  tlie  same  time  and 
places,  by  the  said  (pialihed  electors,  for  the  following  State 
otlicers,  to  be  voted  for  on  the  same  ballot,  as  above  provided  for 
votes  on  the  Constitution  and  separate  articles,  to  wit: 

A Governor,  Lieutenant-Governor,  Secretary  of  State,  Auditor, 
Treasurer,  .Vttorney-General.  Superintendent  of  Ihiblic  Instnic- 
tion.  Commissioner  of  School  and  Ihiblic  Lands,  Judges  of  the 
Supreme,  Circuit  and  County  (\mrts,  llepresentatives  in  Con- 
gress, State  Senators  and  Kepresentatives  in  the  Legislature. 

All  the  elections  above  provided  for  shall  be  held  in  the  same 
manner  and  form  as  provided  for  the  election  for  the  adoption 
or  rejection  of  the  Constitution.  And  the  names  of  all  the  officers 
above  specified  to  be  voted  for  at  such  election  shall  be  written 
or  printed  u]'»on  the  same  ballots  as  the.  votes  for  or  against  the 
Constitution. 

The  judges  of  election  in  counting  the  ballots  voted  at  such 
election  shall  count  all  the  affirmative  ballots  upon  the  Constitu- 
tion as  votes  for  the  Constitution  : and  they  shall  count  all  the 
negative  ballots  voted  at  said  election  upon  the  Constitution  as 
votes  against  the  Constitution  : and  ballots  voted  at  said  election 
upon  which  neither  of  said  words  “ Yes"  or  ‘^No"  following  the 
words  ‘^For  the  Constitution'’  are  erased,  shall  not  be  counted 
upon  such  proposition.  And  they  shall  count  all  affirmative 
ballots  so  voted  upon  the  article  on  prohibition,  separated 


410 


CONSTITUTION  OF  SOUTH  DAKOTA. 


submitted,  as  votes  for  such  article,  and  they  shall  count  all 
negative  ballots  so  voted  upon  such  article  as  votes  against 
such  article  ; and  ballots  upon  which  neither  the  words  “ Yes  ’• 
or  No  ” following  the  words  “ For  Prohibition  ” are  erased, 
shall  not  be  counted  upon  such  proposition  ; and  they  shall  count 
all  the  affirmative  ballots  so  voted  upon  the  article  on  minority 
representation,  separately  submitted,  as  votes  for  such  article. 
And  they  shall  count  all  negative  ballots  so  voted  upon  such 
article  as  votes  against  such  article  ; and  ballots  upon  which 
neither  the  words  ‘‘Yes”  or  “No”  following  the  words  “For 
Minority  Kepresentation  ” are  erased,  shall  not  be  counted  upon 
such  proposition. 

If  it  shall  appear  in  accordance  with  the  returns  herein- 
after provided  for,  that  a majority  of  the  votes  polled  at  such 
election,  for  and  against  the  Constitution,  are  for  the  Constitu- 
tion, then  this  Constitution  shall  be  the  Constitution  of  the  Shite 
of  South  Dahota.  If  it  shall  appear,  according  to  the  returns 
hereinafter  provided  for,  that  a majority  of  all  votes  cast  at 
said  election  for  and  against  “ Prohibition  ” are  for  prohibition, 
then  said  Article  XXIV  shall  be  and  form  a part  of  this  Consti- 
tution, and  be  in  full  force  and  effect  as  such  from  date  of  said 
election,  but  if  a majority  of  said  votes  shall  appear,  according 
to  said  returns,  to  be  against  prohibition,  then  Article  XXIV 
shall  be  null  and  void  and,  shall  not  be  a part  of  this  Constitu- 
tion. And  if  it  appear,  according  to  the  returns  hereinafter 
provided  for,  that  a majority  of  all  votes  cast  at  said  election 
for  and  against  “Minority  Kepresentation”  are  for  minority 
representation,  then  article  XXV  shall  be  and  form  a part  of 
said  Constitution,  and  be  in  full  force  and  effect  as  such  from 
1he  date  of  said  election;  but  if  a majority  of  said  votes  shall 
appear,  according  to  said  returns,  to  be  against  minority  repre- 
sentation, then  said  article  XXV  shall  be  null  and  void  and  shall 
not  be  a part  of  this  Constitution. 

At  such  election  the  person  voted  for,  for  any  one  of  the  offices 
to  be  filled  at  such  election,  who  shall  receive  the  highest  num- 
ber of  votes  cast  at  said  election,  shall  be  declared  elected  to 
said  office. 

Sec.  C).  At  tlie  same  time  and  places  of  election  there  shall  be 
held  by  the  said  (pialified  electors  an  eh'ction  for  the  place  of  the 
temporai*y  seat  of  government. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


411 


On  each  ballot,  and  on  the  same  ballot  on  which  are  the  mat- 
ters voted  for  or  against,  as  hereinbefore  provided,  shall  be  writ- 
ten or  printed  the  words  For  Temporary  Seat  of  Government.^’ 
(Here  insert  the  name  of  the  city,  town  or  place  to  be  voted  for.) 

And  iii>on  the  canvass  and  ndiirn  of  the  vote,  made  as  here- 
inafter provided  for,  the  name  of  the  city,  town  or  xtlace,  which 
shall  have  received  the  largest  number  of  votes  for  said  tem- 
porary seat  of  government,  shall  be  declared  by  the  Governor, 
chief  justice  and  Secretary  of  the  Territory^  of  Dakota^  or  by  any 
two  of  them,  at  the  same  time  that  they  shall  canvass  the  vote 
for  or  against  the  Constitution,  together  with  the  whole  number 
of  votes  cast  for  each  city,  town  or  place,  and  the  officers  above 
named,  shall  immediately  after  the  result  of  said  election  shall 
have  been  ascertained,  issue  a i)roclamation  directing  the  Legis- 
lature elected  at  said  election  to  assemlde  at  said  city,  town  or 
place  so  selected,  on  the  day  fixed  by  this  schedule  and  ordinance. 

Sec.  7.  The  election  provided  for  herein  shall  be  under  the 
provisions  of  the  Constitution  hei-ewilh  submitted,  and  shall  be 
conducted  in  all  respects  as  elections  are  conducted  under  the 
general  laws  of  the  Territory  of  Dakota,  except  as  herein  pro- 
vided. No  mere  technicalities  or  informalities  in  the  manner 
or  form  of  election,  or  neglect  of  any  officer  to  perform  his  duly 
with  regard  thereto,  shall  be  deemed  to  vitiate  or  avoid  the  same, 
it  being  the  true  intent  and  object  of  this  ordinance  to  ascer- 
tain and  give  effect  to  the  tnie  will  of  the  people  of  the  State  of 
South  Dakota,  as  expressed  by  their  votes  at  the  polls. 

Sec.  8.  Immediately  after  the  election  herein  provided  for, 
the  judges  of  election  at  each  voting  place  shall  make  a true  and 
complete  count  of  all  the  votes  duly  cast  at  such  election,  and 
shall  certify  and  return  the  result  of  the  same,  with  the  names 
of  all  the  candidates  and  the  number  of  votes  cast  for  each  candi- 
date, and  the  number  of  votes  cast  for  and  against  the  Constitu- 
tion, and  the  number  of  votes  cast  for  and  against  prohibition, 
and  the  number  of  votes  cast  for  and  against  minority  representa- 
tion, and  the  number  of  votes  cast  for  each  city,  totvn  or  place 
for  the  “temporary  seat  of  government,”  to  the  county  clerk  or 
auditor  of  the  respective  counties,  together  with  one  of  the  poll 
lists  and  election  books  used  in  said  election. 


412 


CONSTITUTION  OF  SOUTH  DAKOTA. 


Sec.  9.  Within  five  days  after  said  election  the  several  boards 
of  county  canvassers  provided  by  law  for  the  canvassing  of  the 
results  of  the  election,  shall  make  and  certify  to  the  Secretary  of 
the  Territory  of  Dakota  the  true  and  correct  return  of  the  total 
number  of  votes  cast  for  the  Constitution  and  against  the  Con- 
stitution, of  the  number  of  votes  cast  for  and  against  “prohibi- 
tion,” and  the  number  of  votes  cast  for  and  against  “minority 
representation,”  and  the  number  of  votes  cast  for  each  city,  town 
or  place  as  the  “temporary  seat  of  government,”  and  of  the 
number  of  votes  cast  for  each  person  voted  for  at  such  election, 
except  county  officers  and  members  of  the  Legislature,  and  shall 
transmit  the  same  to  the  Secretary  of  the  Territory  of  Dakota, 
by  mail,  and  shall  file  with  tlie  county  clerk  or  auditor  of  each  of 
said  counties  a duplicate  and  certified  copy  of  said  return. 

Said  board  of  county  canvassers  shall  issue  certificates  of 
election  to  the  persons  who  shall  have  received  the  highest  num- 
ber of  votes  cast  for  the  respective  offices  of  judge  of  the  County 
Court,  and  Eepresentatives  in  the  Legislature,  and  for  State 
Senator  or  Senators. 

Sec.  10.  When  two  or  more  counties  are  connected  in  one  sen- 
atorial or  representative  district,  it  shall  be  the  duty  of  the 
clerks  and  auditors  of  the  respective  counties  to  attend  at  the 
office  of  the  county  clerk  of  the  senior  county  in  the  date  of 
organization  within  twenty  days  after  the  date  of  election, 
and  they  shall  compare  the  votes  given  in  the  several  counties 
comprising  such  senatorial  and  representative  district,  and  such 
clerks  or  auditors  shall  immediately  make  out  a certificate  of 
election  to  the  person  having  the  highest  number  of  votes  in 
such  district  for  State  Senator  or  Eepresentative  or  both;  which 
certificate  shall  be  delivered  to  the  person  entitled  thereto  on  his 
application  to  the  clerk  of  the  senior  county  of  such  district. 

Sec.  11.  The  Secretary  of  the  Territory  shall  receive  all 
returns  of  election  transmitted  to  him  as  above  provided,  and 
shall  })reserve  the  same,  and  after  they  have  been  canvassed  as 
hereinafter  provided,  and  after  the  admission  of  the  State  of 
South  Dakota  into  the  T'nion,  he  shall  deliver  said  returns  to  the 
]u*o])er  State  offictu*  of  said  State  of  South  Dakota. 

Within  fifteen  days  after  said  election  the  Secretary  of  the 
Territory,  with  the  Governor  and  chief  justice  thereof,  or  any  two 
of  them,  shall  cam'ass  such  returns  and  certify  the  same  to  the 
Eresidtuit  of  the  Uniied  States,  as  provided  in  the  enabling  act. 


CONSTITUTION  OF  SOUTH  DAKOT.U. 


413 


They  shall  also  ascertain  the  total  number  of  votes  cast  at 
such  election  for  the  Constitution  and  against  the  Constitution; 
the  total  number  of  votes  cast  for  and  against  prohibition; 
and  the  total  number  of  votes  cast  for  and  against  minority 
representation;  and  the  total  number  of  votes  cast  for  each  city, 
town  or  place  as  the  ^Hemporary  seat  of  government;’^  and  the 
total  number  of  votes  cast  for  each  person  voted  for,  for  any 
office  at  said  election,  excepting  county  judges  and  members  of 
the  Legislature,  and  shall  declare  the  result  of  said  election  in 
conformity  with  such  vote,  and  the  Governor  of  the  Territory 
shall  thereupon  issue  a proclamation  at  once  thereof. 

They  shall  also  make  and  transmit  to  the  State  Legislature, 
immediately  upon  its  organization,  a list  of  all  the  State  and 
judicial  officers  who  shall  thus  be  ascertained  to  be  duly  elected. 

The  various  county  and  district  canvassing  boards  shall  make 
and  transmit  to  the  Secretary  of  the  Territory  the  names  of  all 
persons  declared  by  therh  to  be  elected  members  of  the  Senate 
and  House  of  Kepresentatives  of  the  State  of  South  Dakota : he 
shall  make  separate  lists  of  the  Senators  and  Kepresentatives  so 
elected,  which  lists  shall  constitute  the  rolls  under  which  the 
Senate  and  House  of  Representatives  shall  be  organized. 

The  Governor  of  the  Territory  shall  make  and  issue  certificates 
of  election  to  the  persons  who  are  shown  by  the  canvass  to  have 
received  the  highest  number  of  votes  for  Governor,  Lieutenant' 
Governor,  Secretary  of  State,  Auditor,  Treasurer,  Attorney-GeU' 
eral.  Superintendent  of  Public  Instruction,  Commissioner  of 
School  and  Public  Lands,  and  judges  of  the  Supreme  and  Cir- 
cuit Courts.  Such  certificates  to  be  attested  by  the  Secretary  of 
the  Territory. 

Sec.  12.  The  apportionment  made  in  this  Constitution  shall 
govern  the  elections  above  provided  for  for  members  of  the 
State  Legislature,  until  otherwise  provided  by  law. 

At  the  first  election  held  under  this  ordinance  for  Senators 
and  Kepresentatives  of  the  Legislature,  there  shall  be  elected 
forty-five  Senators  and  one  hundred  and  twenty-four  Representa- 
tives in  the  State  Legislature  respectively. 

Sec.  13.  The  Legislature  elected  under  the  provisions  of  this 
ordinance  and  Constitution  shall  assemble  at  the  temporary  seat 


414 


CONSTITUTION  OF  SOUTH  DAKOTA. 


of  government  on  the  third  Tuesday  in  October,  in  the  year  A.  D. 
1889,  at  twelve  o’clock  noon,  and  on  the  first  day  of  their  assem- 
blage the  Governor  and  other  State  officers  shall  take  the  oath 
of  office  in  the  presence  of  the  Legislature.  The  oath  of  office 
shall  be  administered  to  the  members  of  the  Legislature  and  to 
the  State  officers  by  the  chief  justice  of  the  Territory,  or  by  any 
other  officer  duly  authorized  by  the  laws  of  the  Territory  of 
Dakota  to  administer  oaths. 

Sec.  14.  Immediately  after  the  organization  of  the  Legisla- 
ture and  taking  the  oath  of  office  by  the  State  officers,  the  Legis- 
lature shall  then  and  there  proceed  to  the  election  of  two  Sena- 
tors of  the  United  States  for  the  State  of  South  Dakota,  in  the 
mode  and  manner  provided  by -the  laws  of  Congress  for  the 
election  of  United  States  Senators.  And  the  Governor  and  the 
Secretary  of  the  State  of  South  Dakota  shall  certify  the  election 
of  the  said  Senators  and  two  Representatives  in  Congress,  in  the 
manner  required  by  law. 

Sec.  15.  Immediately  after  the  election  of  the  United  States 
Senators  as  above  provided  for,  said  Legislature  shall  adjourn 
to  meet  at  the  temporary  seat  of  government  on  the  first  Tues- 
day after  the  first  Monday  of  January,  1890,  at  twelve  o’clock  M.; 
Provided,  however.  That  if  the  State  of  South  Dakota  has  not 
been  admitted  by  proclamation  or  otherwise  at  said  date,  then 
said  Legislature  shall  convene  within  ten  days  after  the  date  of 
the  admission  of  the  State  into  the  Union. 

Sec.  16.  Nothing  in  this  Constitution  or  schedule  contained 
shall  be  construed  to  authorize  the  Legislature  to  exercise  any 
powers  except  such  as  are  necessary  to  its  first  organization, 
and  to  elect  United  States  Senators,  and  to  adjourn  as  above 
proHded.  Nor  to  authorize  an  officer  of  the  executive,  adminis- 
trative or  judiciary  departments  to  exercise  any  duties  of  his 
office  until  the  State  of  South  Dakota  shall  have  been  regularly 
admitted  into  the  Union,  excepting  such  as  may  be  authorized 
by  the  Congress  of  the  United  States. 

Sec.  17.  The  ordinances  and  schedule  enacted  by  this  conven- 
tion shall  be  held  to  be  valid  for  all  the  purposes  thereof. 

Sec.  18.  That  we,  the  people  of  the  State  of  South  Dakota,  do 
ordain : 

First.  That  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  that  no  inhabitant  of  this  State  shall  ever  be 


COXSTITUTIOX  OF  SOUTH  DAKOTA. 


415 


molested  in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 

Second.  That  we,  the  people  inhabiting  the  State  of  South 
Dakota,  do  agree  and  declare  that  we  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying  within  the 
boundaries  of  South  Dakota;  and  to  all  lands  lying  within  said 
limits  owned  or  held  by  any  Indian  or  Indian  tribes,  and  that 
until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States  the  same  shall  be  and  remain  subject  to  the  dis- 
position of  the  United  States,  and  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  Congress  of  the 
United  States;  that  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  the  said  State  shall  never  be  taxed  at  a 
higher  rate  than  the  lands  belonging  to  residents  of  this  State. 
That  no  taxes  shall  be  imposed  by  the  State  of  South  Dakota  on 
lauds  or  property  therein  belonging  to  or  which  may  hereafter  be 
purchased  by  the  United  States,  or  reserved  for  its  use.  But  noth- 
ing herein  shall  preclude  the  State  of  South  Dakota  front  taxing 
as  other  lands  are  taxed,  any  lands  owned  or  held  by  any  Indian 
who  has  severed  his  tribal  relation  and  has  obtained  from  the 
United  States  or  from  any  person  a title  thereto  by  patent  or 
other  grant,  save  and  except  such  lands  as  have  been  or  may  be 
granted  to  any  Indian  or  Indians  under  any  act  of  Congress  con- 
taining a provision  exempting  the  lands  thus  granted  from  taxa- 
tion ; all  such  lands  which  may  have  been  exempted  by  any  grant 
or  law  of  the  United  States  shall  remain  exempt  to  the  extent  and 
as  prescribed  by  such  act  of  Congress. 

Third.  That  the  State  of  South  Dakota  shall  assume  and  pay 
that  portion  of  the  debts  and  liabilities  of  the  Territory  of  Dakota 
as  provided  in  this  Constitution. 

Fourth.  That  provision  shall  be  made  for  the  establishment 
and  maintenance  of  sytems  of  public  schools  which  shall  be 
opened  to  all  the  children  of  this  State  and  free  from  sectarian 
control. 

Fifth.  That  jurisdiction  is  ceded  to  the  United  States  over 
the  military  reservations  of  Fort  Mead,  Fort  Kandall  and  Fort 
Sully,  heretofore  declared  by  the  President  of  the  United  States: 
Provided,  Legal  process,  civil  and  criminal,  of  this  State  shall 
extend  over  such  reservations  in  all  cases  of  which  exclusive 
jurisdiction  is  not  vested  in  the  United  States,  or  of  crimes  not 
committed  within  the  limits  of  such  reservations. 


41(j  CONSTITUTION  OF  SOUTH  DAJ:^OTA. 

These  ordinances  shall  be  irrevocable  without  the  consent  of 
the  United  States,  and  also  the  people  of  the  said  State  of  South 
Dakota  expressed  by  their  Legislative  Assembly. 

Sec.  19.  The  tenure  of  all  officers,  whose  election  is  provided 
for  in  this  schedule  on  the  first  day  of  October,  A.  D.  1889,  shall 
be  as  follows: 

The  Governor,  Lieutenant-Governor,  Secretary  of  State,  Aud- 
itor, Treasurer,  Attorney-General,  Superintendent  of  Public  In- 
struction, Commissioner  of  School  and  Public  Lands,  judges  of 
County  Courts,  shall  hold  their  respective  offices  until  the  first 
Tuesday  after  the  first  Monday  in  January,  A.  D.  1891,  at  twelve 
o’clock  M.,  and  until  their  successors  are  elected  and  qualified. 

The  judges  of  the  Supreme  Court  and  Circuit  Courts  shall  hold 
their  offices  until  the  first  Tuesday  after  the  first  Monday  in 
January,  A.  D.  1894,  at  twelve  o’clock  M.,  and  until  their  succes- 
sors are  elected  and  qualified;  subject  to  the  provisions  of  sec- 
tion 26  of  article  V of  the  Constitution. 

The  terms  of  office  of  the  members  of  the  Legislature  elected  at 
the  first  election  held  under  the  provisions  of  this  Constitution 
shall  expire  on  the  first  Tuesday  after  the  first  Monday  in  Janu- 
ary, one  thousand  eight  hundred  and  ninety-one  (1891). 

Sec.  20.  That  the  first  general  election  under  the  provisions 
of  this  Constitution  shall  be  held  on  the  first  Tuesda}^  after  the 
first  Monday  in  November,  1890,  and  every  two  years  thereafter. 

Sec.  21.  The  following  form  of  ballot  is  adopted: 

CONSTITUTIONAL  TICKET. 

Instructions  to  Voters. 

All  persons  desiring  to  vote  for  the  Constitution,  or  for  any 
of  the  articles  submitted  to  a separate  vote,  may  erase  the 
word  ^^No.” 

All  persons  Avho  desire  to  vote  against  the  Constitution  or  any 
articles  separately  submitted  may  erase  the  word  Yes.” 

For  the  Constitution : Yes.  No. 

For  Prohibition:  Yes.  No. 

For  Minority  Representation:  Yes.  No. 

For as  the  Temponiry  Seat  of  Government. 

For  Governor. 


For  Lieutenant-Governor. 


CONSTITUTION  OF  SOUTH  DAKOTA. 
For  Secretary  of  State. 


417 


For  Auditor. 


For  Treasurer. 


For  Attorney-Gieneral. 


For  Superintendent  of  Public  Instniction. 


For  Commissioner  of  School  and  Public  Lands. 


For  Judges  of  the  Supreme  Court. 


First  District  

Second  District  

Third  District  

For  Judge  of  the  Circuit  Court, Circuit. 


For  Representatives  in  Congress. 


For  State  Senator. 


For  Representative  in  the  Legislature. 


For  County  Judge. 


Sec.  22.  This  Constitution  shall  be  enrolled  and  after  adop- 
tion and  signing  by  the  convention  shall  be  delivered  to  Hon. 
A.  J.  Edgerton,  the  President  of  the  Constitutional  Convention, 
for  safe-keeping,  and  by  him  to  be  delivered  to  the  Secretary  of 
State  as  soon  as  he  assumes  the  duties  of  his  office,  and  printed 
copies  thereof  shall  be  prefixed  to  books  containing  the  laws  of 
the  State,  and  all  future  editions  thereof. 

The  President  of  this  convention  shall  also  supervise  the 
making  of  the  copy  that  -must  be  sent  to  the  President  of  the 
United  States;  said  copy  is  to  be  certified  by  the  President  and 
chief  clerk  of  this  convention. 

Sec.  23.  “The  agreement  made  by  the  joint  commission  of 
the  constitutional  conventions  of  North'  and  South  Dakota  con- 
27 


418 


CONSTITUTION  OF  SOUTH  DAKOTA. 


cerning  the  records,  books  and  archives  of  the  Territory  of 
Dakota  is  hereby  ratified  and  confirmed,  which  agreement  is  in 
the  words  following:  That  is  to  say:” 

The  following  books,  records  and  archives  of  the  Territory  of 
Dakota  shall  be  the  property  of  North  Dakota,  to  wit: 

All  records,  books  and  archives  in  the  offices  of  the  Governor 
and  Secretary  of  the  Territory  (except  records  of  articles  of 
incorporation  of  domestic  corporations,  returns  of  election  of 
delegates  to  the  constitutional  convention  of  1889,  for  South 
Dakota,  returns  of  elections  held  under  the  so-called  local  option 
law  in  counties  within  the  limits  of  South  Dakota,  bonds  of 
notaries  public  appointed  for  counties  within  the  limits  of  South 
Dakota,  papers  relating  to  the  organization  of  counties  situate 
within  the  limits  of  South  Dakota,  all  of  which  records  and 
archives  are  part  of  the  records  and  archives  of  said  Secretary’s 
office;  excepting  also  census  returns  from  counties  situate  within 
the  limits  of  South  Dakota  and  papers  relating  to  requisitions 
issued  upon  the  application  of  officers  of  counties  situate  within 
the  limits  of  South  Dakota,  all  of  which  are  part  of  the  records 
and  archives  of  said  Governor’s  office). 

And  the  following  records,  books  and  archives  shall  also  be  the 
property  of  the  State  of  North  Dakota,  to  wit: 

Vouchers  in  the  office  or  in  the  custodj^  of  the  Auditor  of  this 
Territory  relating  to  expenditures  on  account  of  public  institu- 
tions, grounds  or  buildings  situate  within  the  limits  of  North 
Dakota;  one  warrant  register  in  the  office  of  the  Treasurer  of 
this  Territory,  being  a record  of  warrants  issued  under  and  by 
virtue  of  chapter  twenty-four  of  the  laws  enacted  by  the 
Eighteenth  Legislative  Assembly  of  Dakota  Territory  ; all  letters, 
receipts  and  vouchers  in  the  same  office  now  filed  by  counties  and 
pertaining  to  counties  within  the  limits  of  North  Dakota;  paid 
and  canceled  coupons  in  the  same  office  representing  interest  on 
bonds  which  said  State  of  North  Dakota  is  to  assume  and  pay; 
reports  of  gross  earnings  of  the  year  1888  in  the  same  office,  made 
by  corporations  operating  lines  of  railroad  situated  wholly  or 
mainly  within  the  limits  of  North  Dakota;  records  and  papers 
of  the  office  of  the  public  examiner  of  the  second  district  of  the 
Territory;  records  and  papers  of  the  office  of  the  second  district 
board  of  agriculture;  records  and  papers  in  the  office  of  the 
board  of  pharmacy  of  the  district  of  North  Dakota. 


CONSTITUTION  OF  SOUTH  DAKOTA. 


419 


All  records,  books  and  archives  of  the  Territory  of  Dakota 
which  it  is  not  herein  agreed  shall  be  the  property  of  North 
Dakota,  shall  be  the  property  of  South  Dakota. 

The  following  books  shall  be  copied  and  the  copies  shall  be  the 
property  of  North  Dakota,  and  the  cost  of  such  copies  shaU 
be  borne  equally  by  the  said  States  of  North  Dakota  and  South 
Dakota.  That  is  to  say: 

Appropriation  ledger  for  the  years  ending  November,  1889 
and  1890  — one  volume. 

The  current  warrant  auditor’s  register  — one  volume. 

Insurance  record  for  1889  — one  volume. 

Treasurer’s  cash  book  D.” 

Assessment  ledger 

Dakota  Territory  bond  register — one  volume. 

Treasurer’s  current  ledger  — one  volume. 

The  originals  of  the  foregoing  volumes  which  are  to  be  copied, 
shall  at  any  time  after  such  copying  shall  have  been  completed, 
be  delivered  on  demand,  to  the  proper  authorities  of  the  State  of 
South  Dakota. 

AU  other  records,  books  and  archives  which  it  is  hereby  agreed 
shall  be  the  property  of  South  Dakota  shall  remain  at  the  capi- 
tal of  North  Dakota  until  demanded  by  the  Legislature  of  the 
State  of  South  Dakota,  and  until  the  State  of  North  Dakota 
shall  have  had  a reasonable  time  after  such  demand  is  made  to 
provide  copies  or  abstracts  of  such  portions  thereof  as  the  said 
State  of  North  Dakota  may  desire  to  have  copies  or  abstracts  of. 

The  State  of  South  Dakota  may  also  provide  copies  or  abstracts 
of  such  records,  books  and  archives  w'hich  is  agreed  shall  be  the 
property  of  North  Dakota  as  said  State  of  South  Dakota  shall 
desire  to  have  copies  or  abstracts  of. 

The  expense  of  all  copies  or  abstracts  of  records,  books  and 
archives  which  it  is  herein  agreed  may  be  made,  shall  be  borne 
equallv  bv  said  two  States. 

ALONZO  J.  EDGEETON, 

President  of  the  Constitutional  Convention. 

Attest:  F.  A.  BURDICK,  Chief  Clerk. 


CONSTITUTION 


OF  THE 


STATE  OF  TENNESSEE. 


CONSTITUTION  OF  THE  STATE  OF  TENNESSEE 


Article  , 

1.  Declaration  of  rights. 

2.  Distribution  of  powers., 

3.  Executive  department. 

4.  Elections. 

5.  Impeachments. 

6.  Judicial  department. 

7.  State  and  county  officers. 

8.  Militia. 

9.  Disqualifications. 

10.  Oaths,  bribery  of  elections,  new 

counties. 

11.  Miscellaneous  provisions. 

The  schedule. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

Preamble. 

1.  All  power  is  inherent  in  the 

people. 

2.  The  government  is  instituted  for 

the  common  benefit. 

3.  Freedom  of  religious  thought 

and  worship. 

4.  No  political  or  religious  test 

should  be  required  as  a quali- 
fication of  office. 

5.  All  elections  to  be  free  and 

equal,  and  the  right  of  suf- 
frage never  denied. 

6.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

7.  The  people  shall  be  secure  from 

unreasonable  searches  and 
seizures. 

8.  No  man  shall  be  deprived  of  his 

life,  liberty  or  property  but  by 
the  judgment  of  his  peers  or 
the  law  of  the  land. 

9.  In  all  criminal  prosecutions  the 

accused  has  the  right  to  be 
heard  for  himself. 

iO.  No  person  shall  be  put  in  jeop- 
ardy twice  for  the  same  of- 
fense. 

LI.  No  ex  post  facto  laws  shall  be 
made. 


Section 

12.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

13.  No  person  arrested  and  confined 

in  jail  shall  be  treated  with 
unnecessary  rigor. 

14.  No  person  shall  be  put  to  an- 

swer any  criminal  charge  but 
by  presentment,  indictment  or 
impeachment. 

15.  All  prisoners  shall  be  bailable, 

except  for  capital  offenses. 

16.  Excessive  bails  or  fines  shall  not 

be  required. 

17.  All  courts  shall  be  open  and  jus- 

tice shall  be  administered 
without  delay. 

18.  No  pei*son  shall  be  imprisoned 

for  debt. 

19.  The  printing  presses  shall  be 

free  to  every  person  to  ex- 
amine the  proceedings  of  the 
Legislature. 

20.  No  law  impairing  the  obligation 

of  contracts  shall  be  made. 

21.  No  man’s  services  or  property 

shall  be  taken  without  just 
compensation  being  made 
therefor. 

22.  Perpetuities  and  monopolies 

shall  not  be  allowed. 

23.  The  people  have  a right  to  as- 

semble in  a neaceable  manner 
to  consult  for  the  common 
good. 

24.  There  shall  be  a militia. — No 

standing  army. 

25.  No  person  shall  be  subject  to 

military  law  except  those  em- 
ployed in  the  army  or  militia. 

26.  The  citizens  have  the  right  to 

keep  and  bear  arms  for  their 
common  defense. 

27.  No  soldier  shall,  in  the  time  of 

peace,  be  quartered  in  any 


424  ICONSTITUTION  OF  TENNESSEE. 


Section 

house  without  the  consent  of 
the  owner, 

28.  No  person  shall  be  compelled  to 

bear  arms,  provided  he  will 
pay  an  equivalent. 

29.  An  equal  participation  in  the 

free  navigation  of  the  Missis- 
sippi is  one  of  the  inherent  i 
rights  of  the  citizens  of  the 
State. 

30.  No  hereditary  emoluments,  priv- 

ileges or  honors  shall  ever  be 
granted  or  conferred  in  this 
State. 

31.  The  boundary  of  the  State  shall 

be  as  follows. 

32.  The  erection  of  safe  and  com- 

fortable prisons  shall  be  pro- 
vided for, 

33.  Sla.very  and  involuntary  servi- 

tude are  forever  prohibited  in 
this  State. 

34.  The  General  Assembly  shall 

make  no  law  recognizing  the 
right  of  property  in  man. 

ARTICLE  II. 

Distribution  of  Poicers. 

1.  The  powers  of  the  government 

shall  be  the  legislative,  execu- 
tive and  judicial. 

2.  No  person  or  persons  belonging  | 

to  one  of  these  departments 
shall  exercise  any  of  the  pow- 
ers properly  belonging  to  any 
of  the  others. 

Legislative  Department . 

3.  The  Legislative  authority  of  this 

State  shall  be  vested  in  a 
General  Assembly. 

4.  An  enumeration  of  the  qualified 

voters  and  an  apportionment 
of  the  Representatives  in  the 
General  Assembly. 

5.  The  number  of  representatives 

shall  be. 

6.  The  number  of  Senators  shall  be. 

7.  The  first  election  of  Senators 


Section 

and  Representatives  shall  be 
held. 

8.  When  the  first  session  of  the 

General  Assembly  shall  com- 
mence. 

9.  Qualifications  necessary  to  be- 

come a Representative. 

10.  Qualifications  necessary  to  be- 

come a Senator. 

11.  The  Senate  and  House  of  Rep- 

resentatives shall  each  choose 
a speaker. — TVo-thirds  in 

each  house  shall  constitute  a 
quorum. 

12.  Each  house  may  determine  the 

rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly 
conduct  and  expel  a member 
by  a.  two-thirds  vote. 

13.  When  Senators  and  Representa- 

tives shall  be  privileged  from 
arrest. 

14.  Each  house  may  punish  by  im- 

prisonment any  person  not  a 
member,  who  shall  be  guilty 
of  disrespect  to  the  house. 

15.  The  Governor  shall  have  powier 

to  fill  vacancies, 

16.  In  regard  to  the  adjournment 

of  the  two  houses. 

17.  Bills  may  orignate  in  either 

house. — No  bill  shall  embrace 
more  than  one  subject. 

18.  Every  bill  shall  be  read  once  on 

three  different  days. 

19.  No  bill  shall  be  passed  after  it 

has  been  rejected  (during  the 
same  session). 

20.  The  style  of  the  laws  of  this 

State  shall  be. 

21.  Each  house  shall  keep  a journal 

of  its  proceedings. 

22.  The  doors  of  each  house  shall  be 

kept  open. 

23.  In  regard  to  the  salary  of  the 

members  of  the  General  As- 
sembly. 

24.  No  money  shall  be  drawn  from 

the  treasury,  except  by  appro- 
priation. 


CONSTITUTION  OF  TENNESSEE. 


425 


Section 

25.  In  regard  to  the  eligibilitj^  of 

members  of  the  General  As- 
sembly. 

26.  No  person  holding  any  other 

office  under  the  government 
shall  have  a seat  in  the  Gen- 
eral Assembly. 

27.  Any  member  of  either  house  of 

the  General  Assembly  shall 
have  thie  liberty  to  protest 
against  any  act. 

28.  All  property,  real,  personal  or 

mixed,  shall  be  taxed. 

29.  The  General  Assembly  shall 

have  the  power  to  authorize 
the  several  counties  and  in- 
corporated towns  in  this  State 
to  impose  taxes. 

30.  No  article  manufactured  in  this 

State  shall  be  taxed. 

31.  The  credit  of  this  State  shall 

not  be  loaned  or  given. 

32.  No  convention  or  General  As- 

sembly of  this  State  shall  act 
upon  any  amendment  of  the 
Constitution  of  the  United 
States  proposed  by  Congress 
to  the  several  States. 

33.  No  bonds  of  this  State  shall  be 

issued  to  any  railroad  com- 
pany. 

ARTICLE  III. 

Execii  t i ve  Depart  me  n t. 

1.  The  supreme  executive  power 

of  this  State  shall  be  vested 
in  the  Governor. 

2.  The  Governor  shall  be  chosen  by 

the  electors  of  the  members 
of  the  General  Assembly. 

3.  The  Governor  shall  be  at  least 

thirty  years  of  age. 

4.  His  term  of  office. 

5.  He  shall  be  Commander-in- 

Chief  of  the  army  and  navy 
of  this  State. 

6.  He  shall  have  the  power  to 

grant  reprieves  and  pardons. 

7.  His  compensation. 

8.  He  may  require  information  in 

writing  from  the  members  of 
the  executive  department. 


'Section  j i 1 " 

9.  He  may  on  extraordinary  occa- 
sions convene  the  General  As- 
sembly. 

10.  He  shall  see  that  the  laws  are 

faithfully  executed. 

11.  He  shall  give  the  General  As- 

sembly information  on  such 
matters  as  he  shall  judge  ex- 
pedient. 

12.  In  case  of  the  removal  of  the 

Governor  from  office. 

13.  No  person  holding  any  other 

office  under  the  government 
shall  execute  the  office  of  Gov- 
ernor. 

14.  The  Governor  shall  have  the 

power  to  fill  vacancies. 

15.  The  seal  of  the  State. 

16.  All  grants  and  commissions 

shall  be  sealed  with  the  State 
seal  and  signed  by  the  Gov- 
ernor. 

17.  A Secretary  of  State  shall  be 

appointed  by  joint  vote  of  the 
General  Assembly. 

18.  Everj'  bill  shall  be  signed  by  the 

Governor. 

ARTICLE  IV. 

Eleetorfi. 

1.  Qualifications  necessary  to  vote. 

2.  Laws  may  be  passed  excluding 

from  the  right  of  suffrage  per- 
sons who  may  be  convicted  of 
infamous  crimes. 

3.  When  electors  are  privileged 

from  arrest. 

4.  In  all  elections  of  the  General 

Assembly  the  members  thereof 
shall  vote  viva  voce. 

ARTICLE  V. 

Impeachments. 

1.  The  House  of  Representatives 

shall  have  the  sole  power  of 
impeachment. 

2.  All  impeachments  shall  be  tried 

by  the  Senate. 

3.  The  House  of  Representatives 

shall  elect  three  members, 
whose  duty  it  shall  be  to  prose- 
cute impeachments. 

4.  Who  shall  be  liable  to  impeach- 

ment. 


426 


COiXSTITUTlON  OF  TENNESSEE. 


Section 

5.  Justices  of  the  peace  and  other 
officers  not  hereinbefore  men- 
tioned shall  be  liable  to  in- 
dictment. 

ARTICLE  VI. 

Judicial  Department. 

1.  The  judicial  power  of  this  State 

shall  be  vested  in  the  Supreme 
Court. 

2.  The  Supreme  Court  shall  consist 

of  five  judges. 

3.  The  judges  of  the  Supreme 

Court  shall  be  elected  by  the 
qualified  voters  of  the  State. 

4.  How  the  judges  of  the  Circuit 

and  Chancery  Courts,  etc., 
shall  be  elected. 

5.  An  Attorney-General  and  re- 

porter for  the  State  shall  be 
appointed  by  the  judges  of  the 
Supreme  Court. 

6.  The  judges  and  attorneys  for  the 

State  may  be  removed  from 
office  by  a concurrent  vote  of 
both  houses. 

7.  Compensation  of  the  judges  of 

the  Supreme  and  Inferior 
Courts. 

8.  The  jurisdiction  of  the  Circuit, 

Chancery  and  other  inferior 
courts. 

9.  How  judges  shall  charge  juries. 

10.  Power  of  judges  and  justices  of 

inferior  courts. 

11.  No  judge  of  the  Supreme  or  in- 

ferior courts  shall  preside  at 
the  trial  of  any  cause  in  which 
he  may  be  interested. 

12.  All  writs  and  other  process  shall 

run  in  the  name  of  the  State 
of  Tennessee. 

13.  Judges  of  the  Supreme  Court 

shall  appoint  their  clerks. 

14.  In  regard  to  the  fines  to  be 

levied. 

15.  The  different  counties  in  this 

State  shall  be  laid  off  as  the 
General  Assembly  shall  direct. 


ARTICLE  VII. 

State  and  County  Officers. 

Section 

1.  In  regard  to  the  election  of 

county  officers. 

2.  Who  shall  have  power  to  fill  va- 

cancies. 

3.  The  General  Assembly  shall 

elect  a Treasurer  and  a Comp- 
troller of  the  Treasury. 

4.  The  election  of  all  officers  to  fill 

vacancies  not  heretofore  pro- 
vided for  shall  be  made  as  the 
Legislature  may  direct. 

5.  When  the  elections  for  judicial 

and  other  civil  officers  shall  be 
held. — The  term  of  each  officei- 
so  elected. 

ARTICLE  VIII. 

Militia. 

1.  All  militia  officers  shall  be 

elected  by  persons  subject  to 
military  duty. 

2.  The  Governor  shall  have  power 

to  appoint  the  Adjutant-Gene- 
rals and  his  other  staff  officers. 

3.  The  Legislature  shall  pass  laws 

exempting  citizens  opposed 
to  bearing  arms  from  at- 
tending private  and  general 
musters. 

ARTICLE  IX. 
Disqualijicaitons. 

1.  Ministers  of  the  gospel,  etc.,  are 

not  eligible  to  a seat  in  either 
house  of  the  Legislature. 

2.  No  persons  who  deny  the  being 

of  God  shall  hold  any  civil 
office. 

3.  Duelling  disqualifies  for  office. 

ARTICLE  X. 

Oaths,  Bribery  of  Elections,  New 
Counties. 

1.  Every  person  before  entering 

upon  the  duties  of  office,  shall 
take  the  oath  of  office. 

2.  Each  member  of  the  Senate  and 

House  of  Representatives  shall 
before  they  proceed  to  busi- 


CONSTITUTION  OF  TENNESSEE. 


4‘27 


Section 

ness,  take  the  oath  or  afRrma-  j 

tion.  I 

3.  In  regard  to  bribes.  j 

4.  New  counties  may  be  established  j 

by  the  Legislature. 

5.  In  regard  to  the  voting  of  citL 

zens  who  may  be  included  in 
any  new  county. 

ARTICLE  XI. 

Miscellaneous  Provisions. 

1.  All  laws  now  in  force  shall  re- 

main until  they  expire  or  are 
repealed. 

2.  In  regard  to  the  validity  of 

’debts  or  contracts. 

3.  Any  amendment  or  amendments 

to  this  Constitution  may  be 
proposed  in  the  Senate  or 
House  of  Representatives. 

4.  In  regard  to  the  granting  of  di- 

vorces. 

5.  Lotteries  illegal. 

6.  The  Legislature  shall  have  no 

power  to  change  the  names  of 
persons. 

7.  The  Legislature  shall  fix  the 

rate  of  interest,  which  shall  be 
uniform  throughout  the  State. 

8.  The  Legislature  shall  have  no  j 

power  to  suspend  any  general 
law  for  the  benefit  of  any  par- 
ticular individual. 

9.  The  power  of  the  Legislature  in 

regard  to  private  and  local 
matters. 


Section 

10.  In  regard  to  a system  of  internal 

improvement. 

11.  In  regard  to  the  possession  of  a 

homestead. — Shall  be  exempt 
from  sale  under  legal  process 
during  the  life  of  the  head  of 
a family. 

12.  In  regard  to  education,  literature 

and  science. 

13.  In  regard  to  fish  and  game  laws 

within  the  State. 

14.  In  regard  to  the  intermarriage  of 

white  persons  with  negroes. 

15.  No  person  shall,  in  time  of  peace, 

be  required  to  perform  any 
service  to  the  public. 

16.  The  declaration  of  rights,  hereto 

prefixed,  is  declared  to  be  a 
part  of  the  Constitution. 

17.  In  regard  to  county  offices  cre- 

ated by  the  Legislature. 

THE  SCHEDULE. 

1.  In  regard  to  the  term  of  office  of 

the  State  officers. 

2.  At  the  first  election  of  judges 

under  this  Constitution  there 
shall  be  elected  six  judges  of 
the  Supreme  Court. — In  regard 
to  a vacancy. — The  Attorney- 
General  and  reporter  of  the 
State. 

3.  Every  judge  and  officer  of  the 

executive  department  shall 
take  the  oath  of  office. 

4.  In  regard  to  the  statutes  of  limi- 

tation. 


PKEAMBLE. 

Whereas,  The  people  of  the  territory  of  the  United  States  south 
of  the  Eiver  Ohio,  having  the  right  of  admission  into  the  gen- 
eral government  as  a member  State  thereof,  consistent  with 
the  Constitution  of  the  United  States  and  the  act  of  cession  of 
the  State  of  North  Carolina,  recognizing  the  ordinance  for  the 
government  of  the  territory  of  the  United  States  north-west  of 
the  Ohio  river,  by  their  delegates  and  representatives  in  con- 
vention assembled,  did,  on  the  sixth  day  of  February,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety-six, 
ordain  and  establish  a Constitution  or  fonn  of  government,  and 


428 


CONSTITUTION  OF  TENNESSEE. 


mutually  agreed  with  each  other  to  form  themselves  into  a free 
aud  independent  State  by  the  name  of  the  State  of  Tennessee; 
and 

Whereas,  The  General  Assembly  of  the  said  State  of  Tennessee 
( pursuant  to  the  third  section  of  the  tenth  article  of  the  Consti- 
tution), by  an  act  passed  on  the  27th  day  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three, 
entitled  “ An  act  to  j)rovide  for  the  calling  of  a convention, 
passed  in  obedience  to  the  declared  will  of  the  voters  of  the 
State,  as  expressed  at  the  general  election  of  August,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-three, 
did  authorize  and  provide  for  the  election  by  the  people  of  dele- 
gates and  representatives,  to  meet  at  Nashville,  in  Davidson 
connt}^,  on  the  third  Monday  in  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-four,  for  the  purpose  of 
revising  and  amending  or  changing  the  Constitution ; and  said 
convention  did  accordingly  meet  and  form  a Constitution,  which 
was  submitted  to  the  people,  and  was  ratified  by  them  on  the 
first  Friday  in  March  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-five;  and 

Whereas,  The  General  Assembly . of  said  State  of  Tennessee, 
under,  and  in  virtue  of  the  first  section  of  the  first  article  of  the 
Declaration  of  Eights,  contained  in  and  forming  a part  of  the 
existing  Constitution  of  the  State,  by  an  act  passed  on  the  15th 
day  of  November,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  sixty-nine,  did  provide  for  the  calling  of  a conven' 
tion  by  the  people  of  the  State,  to  meet  at  Nashville  on  the 
second  Monday  in  January,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  seventy,  and  for  the  election  of  dele- 
gates for  the  purpose  of  amending  or  revising  the  present  Con- 
stitution, or  of  forming  and  making  a new  Constitution;  and 

Whereas,  The  people  of  the  State,  in  the  mode  provided  by 
said  act,  have  called  said  convention,  and  elected  delegates  to 
represent  them  therein : Now,  therefore 

We,  the  delegates  and  representatives  of  the  people  of  the  State 
of  Tennessee,  duly  elected  and  in  convention  assembled,  in 
pursuance  of  said  act  of  Assembly,  have  ordained  and  estab- 
lished the  following  Constitution  and  form  of  government  for 
this  State,  which  we  recommend  to  the  people  of  Tennessee  for 
their  ratification:  That  is  to  say — 


CONSTITUTION  OF  TENNESSEE. 


429 


ARTICLE  I. 

Declaration  of  Rights. 

Section  1.  That  all  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted 
for  their  peace,  safety  and  happiness;  for  the  advancement  ot 
those  ends  they  have  at  all  times  an  unalienable  and  indefeasible 
right  to  alter,  reform  or  abolish  the  government  in  such  manner 
as  they  may  think  proper. 

Sec.  2.  That  government  being  instituted  for  the  common 
benefit,  the  doctrine  for* non-resistance  against  arbitrary  power 
and  oppression  is  absurd,  slavish  and  destructive  of  the  good  and 
happiness  of  mankind. 

Sec.  3.  That  all  men  have  a natural  and  indefeasible  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own 
conscience;  that  no  man  can,  of  right,  be  compelled  to  attend, 
erect,  or  support  any  place  of  worship,  or  to  maintain  any  min- 
ister against  his  consent;  that  no  human  authority  can,  in  any 
case  whatever,  control  or  interfere  with  the  rights  of  conscience; 
and  that  no  preference  shall  ever  be  given  by  law,  to  any  relig- 
ious establishment  or  mode  of  worship. 

Sec.  4.  That  no  political  or  religious  test,  other  than  an  oath 
to  support  the  Constitution  of  the  United  States  and  of  this  State, 
shall  ever  be  required  as  a qualification  to  any  office  or  public 
trust  under  this  State. 

Sec.  5.  That  elections  shall  be  free  and  equal,  and  the  right 
of  suffrage,  as  hereinafter  declared,  shall  never  be  denied  to  any 
person  entitled  thereto,  except  upon  a conviction  by  a jury  of 
some  infamous  crime,  previously  ascertained  and  declared  by  law, 
and  judgment  thereon  by  a court  of  comi3etent  jurisdiction. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate, 
and  no  religious  or  political  test  shall  ever  be  required  as  a quMJi- 
fication  for  jurors. 

Sec.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures; 
and  that  general  warrants,  whereby  an  officer  may  be  commanded 
to  search  suspected  places,  without  evidence  of  the  fact  com- 
mitted, or  to  seize  any  person  or  persons  not  named,  whose  offenses 
are  not  particularly  described  and  supported  by  evidence,  are 
dangerous  to  liberty,  and  ought  not  to  be  granted. 

Sec.  8.  That  no  man  shall  be  taken  or  imprisoned,  or  disseized 
of  his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled,  or 


430 


CONSTITUTION  OF  TENNESSEE. 


in  any  manner  destroyed,  or  deprived  of  his  life,  liberty,  or  prop- 
erty, but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

Sec.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  the 
right  to  be  heard  by  himself  and  his  counsel;  to  demand  the 
nature  and  cause  of  the  accusation  against  him,  and  to  have  a 
copy  thereof;  to  meet  the  witnesses  face  to  face;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor ; and  in  prose- 
cutions by  indictment  or  presentment,  a speedy  public  trial  by  an 
impartial  jury  of  the  county  in  which  the  crime  shall  have  been 
committed,  and  shall  not  be  compelled  to  give  evidence  against 
himself.  < 

Sec.  10.  That  no  person  shall,  for  the  same  offense,  be  twice 
put  in  jeopardy  of  life  or  limb. 

Sec.  11.  That  laws  made  for  the  punishment  of  acts  committed 
pre\uous  to  the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  contrary  to  the  principles  of  a free  government; 
wherefore  no  ex  post  facto  law  shall  be  made. 

Sec.  12.  That  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate.  The  estate  of  such  persons  as  shall  destroy 
their  own  lives,  shall  descend  or  vest,  as  in  case  of  natural  death. 
If  any  person  be  killed  by  casualty,  there  shall  be  no  forfeiture  in 
consequence  thereof. 

Sec.  13.  That  no  person  arrested  and  confined  in  jail  shall  be 
treated  with  unnecessary  rigor. 

Sec.  14.  That  no  person  shall  be  put  to  answer  any  criminal 
charge  but  by  presentment,  indictment  or  impeachment. 

Sec.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sure 
ties,  unless  for  capital  offenses,  when  the  proof  is  evident  or  the 
presumption  great.  And  the  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless  when,  in  case  of  rebellion  or 
invasion,  the  General  Assembly  shall  declare  the  public  safety 
requires  it. 

Sec.  16.  That  excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  17.  That  all  courts  shall  be  open;  and  every  man,  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  adminis- 
tered without  sale,  denial  or  delay.  Suits  may  be  brought  against 
tlie  State  in  such  manner  and  in  such  courts  as  the  legislature 
may,  by  law,  direct. 

Sec.  18.  The  legislature  shall  pass  no  law  authorizing  imprison- 
ment for  debt  in  civil  cases. 


CONSTITUTION  OF  TENNESSEE. 


431 


Sec.  19.  That  the  printing  presses  shall  he  free  to  every  person 
to  examine  the  proceedings  of  the  legislature,  or  of  any  branch  or 
of6cer  of  the  government;  and  no  law  shall  ever  be  made  to 
restrain  the  right  thereof.  The  free  communication  of  thoughts 
and  opinions  is  one  of  the  invaluable  rights  of  men,  and  every 
citizen  may  freely  speak,  write  and  print  on  any  subject,  being 
responsible  for  the  abuse  of  that  liberty.  But  in  prosecutions  fob 
the  publication  of  papers  investigating  the  ofiScial  conduct  of 
officers  or  men  in  public  capacity,  the  truth  thereof  may  be  given 
in  evidence;  and  in  all  indictments  for  libel,  the  jury  shall  have  a 
right  to  determine  the  law  and  the  facts,  under  the  direction  of 
the  court,  as  in  other  criminal  cases. 

Sec.  20.  That  no  retrospective  law,  or  law  impairing  the  obli- 
gation of  contracts,  shall  be  made. 

Sec.  21.  That  no  man’s  particular  services  shall  be  demanded, 
or  property  taken  or  applied  to  public  use,  without  the  consent  ot 
his  representatives,  or  without  just  compensation  being  made 
therefor. 

Sec.  22.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a free  State,  and  shall  not  be  allowed. 

Sec.  23.  That  the  citizens  have  a right,  in  a peaceable  manner, 
to  assemble  together  for  their  common  good,  to  instruct  their  rep- 
resentatives, and  to  apply  to  those  invested  with  the  poTvers  of 
government  for  redress  of  grievances,  or  other  proper  purposes,  by 
address  or  remonstrance. 

Sec.  24.  That  the  sure  and  certain  defense  of  a free  people  is  a 
well  regulated  militia;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  freedom,  they  ought  to  be  avoided  as  far  as  the 
circumstances  and  safety  of  the  community  will  admit;  and  that 
in  all  cases,  the  military  shall  be  kept  in  strict  subordination  to 
the  civil  authority. 

Sec.  25.  That  no  citizen  of  this  State,  except  such  as  are  em- 
ploj^ed  in  the  army  of  the  United  States,  or  militia  in  active  ser- 
vice, shall  be  subjected  to  punishment  under  the  martial  or  mili- 
taiw  law.  That  martial  law,  in  the  sense  of  the  unrestricted 
power  of  military’  officers  or  others,  to  dispose  of  the  persons,  liber- 
ties or  property  of  the  citizen,  is  inconsistent  with  the  principles 
of  free  government,  and  is  not  confided  to  any  department  of  the 
government  of  this  State. 

Sec.  26.  That  the  citizens  of  this  State  have  a right  to  keep 
and  to  bear  arms  for  their  common  defense.  But  the  legislature 


432 


CONSTITUTION  OF  TENNESSEE. 


shall  have  power,  by  law,  to  regulate  the  wearing  of  arms  with  a 
view  to  prevent  crime. 

Sec.  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner;  nor  in  time  of 
war,  but  in  a manner  prescribed  by  law. 

Sec.  28.  That  no  citizen  of  this  State  shall  be  compelled  to  bear 
arms,  provided  he  will  pay  an  equivalent,  to  be  ascertained  by 
law. 

Sec.  29.  That  an  equal  participation  in  the  free  navigation  of 
the  Mississippi  is  one  of  the  inherent  rights  of  the  citizens  of  this 
State;  it  cannot,  therefore,  be  conceded  to  any  prince,  potentate, 
power,  person,  or  persons  whatever. 

Sec.  30.  That  no  hereditary  emoluments,  privileges  or  honors 
shall  ever  be  granted  or  conferred  in  this  State. 

Sec.  31.  That  the  limits  and  boundaries  of  this  State  being- 
ascertained,  it  is  declared  they  are  as  hereafter  mentioned,  that  is 
to  say : Beginning  on  the  extreme  height  of  the  Stone  mountain,  at 

the  place  where  the  line  of  Virginia  intersects  it,  in  latitude  thirty- 
six  degrees  and  thirty  minutes  north;  running  thence  along  the 
extreme  height  of  the  said  mountain  to  the  place  where  Watauga 
river  breaks  through  it;  thence  a direct  course  to  the  top  of  the 
Yellow  mountain,  where  Bright’s  road  crosses  the  same;  thence 
along  the  ridge  of  said  mountain,  between  the  waters  of  Doe  river 
and  the  waters  of  Kock  creek,  to  the  place  where  the  road'  crosses 
the  Iron  mountain;  from  thence  along  the  extreme  height  of  said 
mountain,  to  the  place  where  Nolicliucky  river  runs  through  the 
same;  thence  to  the  top  of  the  Bald  mountain;  thence  along  the 
extreme  height  of  said  mountain  to  the  Painted  Rock,  on  French 
Broad  river;  thence  along  the  highest  ridge  of  said  mountain  to 
the  place  where  it  is  called  the  Great  Iron  or  Smoky  mountain; 
thence  along  the  extreme  height  of  said  mountain  to  the  place 
where  it  is  called  Unicoi  or  Unaka  mountain,  between  the  Indian 
towns  of  Co  wee  and  Old  Chota;  thence  along  the  main  ridge  of 
the  said  mountain  to  the  southern  boundary  of  this  State,  as 
described  in  the  act  of  cession  of  North  Carolina  to  the  United 
States  of  America;  and  that  all  the  territory,  lands  and  waters 
lying  west  of  the  said  line,  as  before  mentioned,  and  contained 
within  the  chartered  limits  of  the  State  of  North  Carolina,  are 
within  the  boundaries  and  limits  of  this  State,  over  which  the  peo- 
ple have  the  right  of  exercising  soverignty,  and  the  right  of  soil, 
so  far  as  is  consistent  with  the  Constitution  of  the  United  States, 


CONSTITUTION  OF  TENNESSEE. 


433 


recognizing  the  Articles  of  Confederation,  the  Bill  of  Rights,  and 
Constitution  of  North  Carolina,  the  cession  act  of  the  said  State, 
and  the  ordinance  of  Congress  for  the  government  of  the  territory 
north-west  of  the  Ohio.  Provided,  Nothing  herein  contained  shall 
extend  to  affect  the  claim  or  claims  of  individuals  to  any  part  of 
the  soil  which  is  recognized  to  them  by  the  aforesaid  cession  act : 
And  provided,  also,  That  the  limits  and  jurisdiction  of  this  State 
shall  extend  to  any  other  land  and  territory  now  acquired,  or  that 
may  hereafter  be  acquired,  by  compact  or  agreement  with  other 
States  or  otherwise,  although  such  land  and  territory  are  not 
included  within  the  boundaries  hereinbefore  designated. 

Sec.  32.  That  the  erection  of  safe  and  comfortable  prisons,  the 
inspection  of  prisons,  and  the  humane  treatment  of  prisoners, 
shall  be  provided  for. 

Sec.  33.  That  slavery  and  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  are  forever  prohibited  in  this  State. 

Sec.  34.  The  General  Assembly  shall  make  no  law  recognizing 
the  right  of  property  in  man. 

ARTICLE  II. 

Distribution  of  Powers. 

Section  1.  The  powers  of  the  government  shall  be  divided 
into  three  distinct  departments:  The  legislative,  executive  and 
judicial. 

Sec.  2.  No  person  or  persons  belonging  to  one  of  the  depart- 
ments shall  exercise  any  of  the  powers  properly  belonging  to 
either  of  the  others,  except  in  the  cases  herein  directed  or  per- 
mitted. 

Legislative  Department. 

Sec.  3.  The  legislative  authority  of  this  State  shall  be  vested 
in  a General  Assembly,  which  shall  consist  of  a Senate  and  House 
of  Representatives,  both  dependent  on  the  people,  who  shall  hold 
their  ofiSces  for  two  years  from  the  day  of  the  general  election. 

Sec.  4.  An  enumeration  of  the  qualified  voters,  and  an  appor- 
tionment of  the  Representatives  in  the  General  Assembly,  shall 
be  made  in  the  year  one  thousand  eight  hundred  and  seventy-one, 
and  within  every  subsequent  term  of  ten  years. 

Sec.  5.  The  number  of  Representatives  shall,  at  the  several 
periods  of  making  the  enumeration,  be  apportioned  among  the 
28 


434 


CONSTITUTION  OF  TENNESSEE. 


several  counties  or  districts,  according  to  the  number  of  qualified 
voters  in  each;  and  shall  not  exceed  seventy-five,  until  the  popu- 
lation of  the  State  shall  be  one  million  and  a half,  and  shall  never 
exceed  ninety-nine;  Provided,  That  any  county  having  two- thirds 
of  the  ratio  shall  be  entitled  to  one  member. 

Sec.  6.  The  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  coun- 
ties or  districts,  according  to  the  number  of  qualified  electors  in 
each,  and  shall  not  exceed  one-third  the  number  of  Kepresenta- 
fives.  In  apportioning  the  number  of  Senators  among  the  differ- 
ent counties,  the  fraction  that  may  be  lost  by  any  county  or  coun- 
ties, in  the  apportionment  of  members  to  the  House  of  Kepre- 
sentatives,  shall  be  made  up  to  such  county  or  counties  in  the 
Senate  as  near  as  may  be  practicable.  When  a district  is  com- 
posed of  two  or  more  counties,  they  shall  be  adjoining;  and  no 
county  shall  be  divided  in  forming  a district. 

Sec.  7.  The  first  election  for  Senators  and  Representatives  shall 
be  held  on  the  second  Tuesday  in  November,  one  thousand  eight 
hundred  and  seventy;  and  forever  thereafter,  elections  for  mem- 
bers of  the  General  Assembly  shall  be  held  once  in  two  years,  on 
the  first  Tuesday  after  the  first  Monday  in  November.  Said  elec- 
tions shall  terminate  the  same  day. 

Sec.  8.  The  first  session  of  the  General  Assembly  shall  com- 
mence on  the  first  Monday  in  October,  1871,  at  which  time  the 
term  of  service  of  the  members  shall  commence,  and  expire  on  the 
first  Tuesday  of  November,  1872,  at  which  session  the  Governor 
elected  on  the  second  Tuesday  in  November,  1870,  shall  be  inaug- 
urated; and  forever  thereafter,  the  General  Assembly  shall  meet 
on  the  first  Monday  in  January  next  ensuing  the  election,  at  which 
session  thereof  the  Governor  shall  be  inaugurated. 

Sec.  9.  No  person  shall  be  a Representative  unless  he  shall  be 
a citizen  of  the  United  States  of  the  age  of  twenty -one  years,  and 
shall  have  been  a citizen  of  this  State  for  three  years,  and  a resi- 
dent in  the  county  he  represents  one  year  immediately  preceding 
the  election. 

Sec.  10.  No  person  shall  be  a Senator  unless  he  shall  be  a citi- 
zen of  the  United  States  of  the  age  of  thirty  years,  and  shall  have 
resided  three  years  in  the  State,  and  one  year  in  the  county  or 
district  immediately  preceding  the  election.  No  Senator  or  Rep- 
resentative shall,  during  the  time  for  which  he  was  elected,  be 


CONSTITUTION  OF  TENNESSEE. 


435 


eligible  to  any  office  or  place  of  trust,  the  appointment  to  which  is 
rested  in  the  executive  or  the  General  Assembly,  except  to  the 
office  of  trustee  of  a literary  institution. 

Sec.  11.  The  Senate  and  House  of  Representatives,  wffien 
assembled,  shall  each  choose  a speaker  and  its  other  officers,  be 
judges  of  the  qualifications  and  elections  of  its  members,  and  sit 
upon  its  own  adjournments  from  day  to  day.  Not  less  than  two* 
thirds  of  all  the  members  to  which  each  house  shall  be  entitled 
shall  constitute  a quorum  to  do  business;  but  a smaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorized  by  law  to 
compel  the  attendance  of  absent  members. 

Sec.  12.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds,  expel  a member,  but  not  a second  time  for 
the  same  offense;  and  shall  have  all  other  powers  necessary  for  a 
branch  of  the  legislature  of  a free  State. 

Sec.  13.  Senators  and  Representatives  shall,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  be  jjrivileged  from 
arrest  during  the  session  of  the  General  Assembly,  and  in  going 
to  or  returning  from  the  same;  and  for  any  speech  or  debate  in 
either  house  they  shall  not  be  questioned  in  any  other  place. 

Sec.  14.  Each  house  may  punish  by  imprisonment,  during  its 
session,  any  person  not  a member,  who  shall  be  guilty  of  disre- 
spect to  the  house,  by  any  disorderly  or  any  contemptuous  behavior 
in  its  presence. 

Sec.  15.  When  vacancies  happen  in  either  house,  the  Governor 
for  the  time  being  sliall  issue  writs  of  election  to  fill  such 
vacancies. 

Sec.  16.  Neither  house  shall,  during  its  session,  adjourn  with- 
out the  consent  of  the  other,  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  17.  Bills  may  originate  in  either  house;  but  may  be 
amended,  altered  or  rejected  by  the  other.  No  bill  shall  become 
a law,  which  embraces  more  than  one  subject;  that  subject  to 
be  expressed  in  the  title.  All  acts  which  repeal,  revive  or  amend 
former  laws,  shall  recite  in  their  caption  or  otherwise,  the  title  or 
substance  of  the  law  repealed,  revived  or  amended. 

Sec.  18.  Every  bill  shall  be  read  once  on  three  different  days, 
and  be  passed  each  time  in  the  house  where  it  originated,  before 
transmission  to  the  other.  No  bill  shall  become  a law  until  it 
shall  have  been  read  and  passed,  on  three  different  days  in  each  ' 


436 


CONSTITUTION  OF  TENNESSEE. 


house,  and  shall  have  received  on  its  final  passage,  in  each  house, 
the  assent  of  a majority  of  all  the  membersi  to  which  that  house 
shall  be  entitled  under  this  Constitution,  and  shall  have  been 
signed  by  the  respective  speakers  in  open  session  — the  fact  of 
such  signing  to  be  noted  on  the  journal;  and  shall  have  received 
the  approval  of  the  Governor,  or  shall  have  been  otherwise  passed 
under  the  provisions  of  this  Constitution. 

Sec.  19.  After  a bill  has  been  rejected,  no  bill  containing  the 
same  substance  shall  be  passed  into  a law  during  the  same 
session. 

Sec.  20.  The  style  of  the  law^s  of  this  State  shall  be,  “ Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Tennessee.”  .No 
law  of  a general  nature  shall  take  effect  until  forty  days  after  its 
passage,  unless  the  same  or  the  caption  shall  state  that  the  public 
welfare  requires  that  it  should  take  effect  sooner. 

Sec.  21.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  publish  it,  except  such  parts  as  the  welfare  of  the  State  may 
require  to  be  kept  secret;  the  ayesi  and  noes  shall  be  taken  in 
each  house  upon  the  final  passage  of  every  bill  of  a general  char- 
acter, and  bills  making  appropriations  of  public  moneys;  and  the 
ayes  and  noes  of  the  members  on  any  question,  shall,  at  the 
request  of  any  five  of  them,  be  entered  on  the  journal. 

Sec.  22.  The  doors  of  each  house  and  of  committees  of  the 
whole  shall  be  kept  open,  unless  when  the  business  shall  be  such 
as  ought  to  be  kept  secret. 

Sec.  23.  The  sum  of  four  dollars  per  day,  and  four  dollars  for 
every  twenty-five  miles  traveling  to  and  from  the  seat  of  govern- 
ment shall  be  allowed  to  the  members  of  each  General  Assembly 
elected  after  the  ratification  of  this  Constitution,  as  a compensa- 
tion for  their  services.  But  no  member  shall  be  paid  for  more 
than  seventy-five  days  of  a regular  session,  or  for  more  than 
twenty  days  of  any  extra  or  called  session ; or  for  any  day  w’hen 
absent  from  his  seat  in  the  legislature,  unless  physically  unable  to 
attend.  The  Senators,  when  sitting  as  a court  of  impeachment, 
shall  each  receive  four  dollars  per  day  of  actual  attendance. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury  but  in 
consequence  of  appropriations  made  by  law;  and  an  accurate 
statement  of  the  receipts  and  expenditures  of  the  public  money 
shall  be  attached  to  and  published  with  the  laws  at  the  rise  of 
each  stated  session  of  the  General  Assembly. 


COXSTITUTION  OF  TENNESSEE. 


437 


Sec.  25.  No  person  who  heretofore  hath  been,  or  may  hereafter 
be,  a collector  or  holder  of  public  moneys,  shall  have  a seat  in 
either  house  of  the  General  Assembly,  or  hold  any  other  office 
under  the  State  government,  until  such  person  shall  have 
accounted  for  and  paid  into  the  treasury  all  sums  for  which  he 
may  be  accountable  or  liable. 

Sec.  26.  No  judge  of  any  court  of  law  or  equity.  Secretary  of 
State,  Attorney-General,  Kegister,  clerk  of  any  court  of  record,  or 
person  holding  any  office  under  the  authority  of  the  United  States, 
shall  have  a seat  in  the  General  Assembly,  nor  shall  any  per- 
son in  this  State  hold  more  than  one  lucrative  office  at  the  same 
time:  Provided,  That  no  appointment  in  the  militia,  or  to  the 

office  of  justice  of  the  peace,  shall  be  considered  a lucrative  office, 
or  operative  as  a disqualification  to  a seat  in  either  house  of  the 
General  Assembly. 

Sec.  27.  Any  member  of  either  house  of  the  General  Assembly 
shall  have  liberty  to  dissent  from  and  protest  against  any  act  or 
resolve  which  he  may  think  injurious  to  the  public  or  to  any  indi- 
vidual, and  to  have  the  reasons  for  his  dissent  entered  on  the 
journals. 

Sec.  28.  All  property,  real,  personal  or-  mixed,  shall  be  taxed, 
but  the  legislature  may  except  such  as  may  be  held  by  the  State 
by  counties,  cities  or  towns,  and  used  exclusively  for  public  or 
corporation  purposes,  and  such  as  may  be  held  and  used  for  pur- 
poses purely  religious,  charitable,  scientific,  literary  or  educa- 
tional, and  shall  except  one  thousand  dollars’  worth  of  personal 
property  in  the  hands  of  each  taxpayer,  and  the  direct  product  ot 
the  soil  in  the  hands  of  the  producer  and  his  immediate  vendee. 
All  property  shall  be  taxed  according  to  its  value,  that  value  to 
be  ascertained  in  such  manner  as  the  legislature  shall  direct,  so 
that  taxes  shall  be  equal  and  uniform  throughout  the  State.  No 
one  species  of  property  from  wffiich  a tax  may  be  collected  shall 
be  taxed  higher  than  any  other  species  of  property  of  the  same 
value.  But  the  legislature  shall  have  power  to  tax  merchants, 
peddlers,  and  privileges  in  such  manner  as  they  may  from  time  to 
time  direct. 

The  portion  of  a merchant’s  capital  used  in  the  purchase  of 
merchandise  sold  by  him  to  non-residents  and  sent  beyond  the 
State,  shall  not  be  taxed  at  a rate  higher  than  the  ad  valorem  tax 
on  property. 

The  legislature  shall  have  the  power  to  levy  a tax  upon  incomes 
derived  from  stocks  and  bonds  that  are  not  taxed  ad  valorem. 


438 


CONSTITUTION  OF  TENNESSEE. 


All  male  citizens  of  this  State  over  the  age  of  twenty-one  years, 
except  such  persons  as  may  be  exempted  by  law  on  account  of 
age  or  other  infirmity,  shall  be  liable  to  a poll  tax  of  not  less  than 
fifty  cents  nor  more  than  one  dollar  per  annum.  Nor  shall  any 
county  or  corporation  levy  a poll  tax  exceeding  the  amount  levied 
by  the  State. 

Sec.  29.  The  General  Assembly  shall  have  power  to  authorize  the 
several  counties  and  incorporated  towns  in  this  State,  to  impose 
taxes  for  county  and  corporation  purposes  respectively,  in  such 
manner  as  shall  be  prescribed  by  law;  and  all  property  shall  be 
taxed  according  to  its  value,  upon  the  principles  established  in 
regard  to  State  taxation.  But  the  credit  of  no  county,  city  or 
town  shall  be  given  or  loaned  to  or  in  aid  of  any  person,  company, 
association  or  corporation,  except  upon  an  election  to  be  first 
held  by  the  qualified  voters  of  such  county,  city  or  town,  and  the 
assent  of  three-fourths  of  the  votes  cast  at  said  election.  Nor 
shall  any  county,  city  or  town  become  a stockholder  w ith  others  in 
any  company,  association  or  corporation,  except  upon  a like  election 
and  the  assent  of  a like  majority.  But  the  counties  of  Grainger, 
Hawkins,  Hancock,  Union,  Campbell,  Scott,  Morgan,  Grundy, 
Sumner,  Smith,  Fentress,  Van  Buren,  White,  Putnam,  Overton, 
Jackson,  Cumberland,  Anderson,  Henderson,  Wayne,  Marshall, 
Cocke,  Coffee,  Macon,  and  the  new  county  herein  authorized  to  be 
established  out  of  fractions  of  Sumner,  Macon  and  Smith  coun- 
ties, and  Koane,  shall  be  excepted  out  of  the  provisions  of  this  sec- 
tion, so  far  that  the  assent  of  a majority  of  the  qualified  voters 
of  either  of  said  counties  voting  on  the  question  shall  be  sufficient, 
when  the  credit  of  such  county  is  given  or  loaned  to  any  person, 
association  or  corporation.  Provided,  That  the  exception  of  the 
counties  above  named  shall  not  be  in  force  beyond  the  year  one 
thousand  eight  hundred  and  eighty,  and  after  that  period  they 
shall  be  subject  to  the  three-fourths  majority  applicable  to  the 
other  counties  of  the  State. 

Sec.  30.  No  article  manufactured  of  the  produce  of  this  State 
shall  be  taxed  otherwise  than  to  pay  inspection  fees. 

Sec.  31.  The  credit  of  this  State  shall  not  be  hereafter  loaned 
or  given  to  or  in  aid  of  any  person,  association,  company,  corpora- 
tion, or  municipality,  nor  shall  the  State  become  the  owner,  in 
w’hole  or  in  part,  of  any  bank,  or  a stockholder  with  others  in  any 
association,  company,  corporation,  or  municipality. 


COXvSTITUTIOX  OF  TENNESSEE. 


439 


Sec.  32.  No  convention  or  General  Assembly  of  this  State  shall 
act  upon  any  amendment  of  the  Constitution  of  the  United  States 
proposed  by  Congress  to  the  several  States;  unless  such  conven- 
tion or  General  Assembly  shall  have  been  elected  after  such 
amendment  is  submitted. 

Sec.  33.  No  bonds  of  the  State  shall  be  issued  to  any  railroad 
company  which,  at  the  time  of  its  application  for  the  same, 
shall  be  in  default  in  paying  the  interest  upon  the  State  bonds 
previously  loaned  to  it,  or  that  shall  hereafter  and  before  such 
application,  sell  or  absolutely  dispose  of  any  State  bonds  loaned  to 
it  for  less  than  par. 

ARTICLE  m. 

Executive  Department. 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a Governor. 

Sec.  2.  The  Governor  shall  be  chosen  by  the  electors  of  the 
members  of  the  General  Assembly,  at  the  time  and  places  where 
they  shall  respectively  vote  for  the  members  thereof.  The  returns 
of  e\'erA*  election  for  Governor  shall  be  sealed  up  and  transmitted 
to  the  seat  of  government,  by  the  returning  officers,  directed  to 
the  speaker  of  the  Senate,  who  shall  open  and  publish  them  in  the 
presence  of  a majority  of  the  members  of  each  house  of  the  Gen- 
eral Assembly.  The  person  having  the  highest  number  of  votes 
shall  be  Governor,  but  if  two  or  more  shall  be  equal  and  highest 
in  votes,  one  of  them  shall  be  chosen  Governor  by  joint  vote  of 
both  houses  of  the  General  Assembly.  Contested  elections  for 
Governor  shall  be  determined  by  both  houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  3.  He  shall  be  at  least  thirty  years  of  age,  shall  be  a citi- 
zen of  the  United  States,  and  shall  have  been  a citizen  of  this 
State  seven  years  next  before  his  election. 

Sec.  4.  The  Governor  shall  hold  his  office  for  two  years,  and 
until  his  successor  shall  be  elected  and  qualified.  shall  not 
be  eligible  more  than  six  years  in  any  teian  of  eight. 

Sec.  5.  He  shall  be  Commander-in -Chief  of  the  army  and  naw*' 
of  this  State,  and  of  the  militia,  except  when  they  shall  be  called 
into  the  service  of  the  United  States;  but  the  militia  shall  not  be 
called  into  service  except  in  case  of  rebellion  or  invasion,  and 
then  only  when  the  General  Assembly  shall  declare  by  law  that 
the  public  safety  requires  it. 


440 


CONSTITUTION  OF  TENNESSEE. 


Sec.  G.  He  shall  have  power  to  grant  reprieves  and  pardons, 
after  conviction,  except  in  cases  of  impeachment. 

Sec.  7.  He  shall,  at  stated  times,  receive  a compensation  for 
his  services,  which  shall  not  be  increased  or  diminished  during 
the  period  for  which  he  shall  have  been  elected. 

Sec.  8.  He  may  require  information,  in  writing,  from  the  offi- 
cers in  the  executive  department,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  Gen- 
eral Assembly  by  proclamation,  in  which  he  shall  state  specifi- 
cally the  purposes  for  which  they  are  to  convene;  but  they  shall 
enter  on  no  legislative  business  except  that  for  which  they  were 
specifically  called  together. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  General 
Assembly  information  of  the  state  of  the  government,  and  recom- 
mend for  their  consideration  such  measures  as  he  shall  judge 
expedient. 

Sec.  12.  In  case  of  the  removal  of  the  Governor  from  office,  or 
of  his  death  or  resignation,  the  powers  and  duties  of  the  office 
shall  devolve  on  the  speaker  of  the  Senate;  and  in  case  of  the 
death,  removal  from  office,  or  resignation  of  the  speaker  of  the 
Senate,  the  powers  and  duties  of  the  office  shall  devolve  on  the 
speaker  of  the  House  of  Representatives. 

Sec.  13.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States,  or  this  State,  shall  execute  the  office  of 
Governor. 

Sec.  14.  When  any  officer,  the  right  of  whose  appointment  is 
by  this  Constitution  vested  in  the  General  Assembly,  shall,  during 
the  recess,  die,  or  the  office,  by  the  expiration  of  the  term,  or  b}^ 
other  means,  become  vacant,  the  Governor  shall  have  power  to  fill 
such  vacancy  by  granting  a temporary  commission,  which  shall 
expire  at  the  end  of  the  next  session  of  the  legislature. 

Sec.  15.  There  shall  be  a seal  of  this  State,  which  shall  be  kept 
by  the  Governor  and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Tennessee. 

Sec.  16.  All  grants  and  commissions  shall  be  in  the  name  and 
by  the  authority  of  the  State  of  Tennessee,  be  sealed  with  the 
State  seal  and  signed  by  the  Governor. 

Sec.  17.  A Secretary  of  State  shall  be  appointed  by  joint  vote 
of  the  General  Asscmibly,  and  commissioned  during  the  term  of 


CONSTITUTION  OF  TENNESSEE. 


441 


four  years;  he  shall  keep  a fair  register  of  all  the  official  acts  and 
proceedings  of  the  Grovernor;  and  shall,  when  required,  lay  the 
same  and  all  papers,  minutes  and  vouchers  relathe  thereto,  be- 
fore the  General  Assembly;  and  shall  perform  such  other  duties 
as  shall  be  enjoined  by  law. 

Sec.  18.  Every  bill  which  may  pass  both  houses  of  the  General 
Assembly,  shall,  before  it  becomes  a law,  be  presented  to  the  Gov- 
ernor for  his  signature.  If  he  approve,  he  shall  sign  it,  and  the 
same  shall  become  a iaw;  but  if  he  refuse  to  sign  it,  he  shall 
return  it,  with  his  objections  thereto  in  writing,  to  the  house  in 
which  it  originated;  and  said  house  shall  cause  said  objections  to 
be  entered  at  large  upon  its  journal,  and  proceed  to  reconsider  the 
bin.  If,  after  such  reconsideration,  a majority  of  all  the  members 
elected  to  that  house  shall  agree  to  pass  the  bill,  notwithstanding 
the  objections  of  the  executive,  it  shall  be  sent,  with  said  objec- 
tions, to  the  other  house,  by  which  it  shall  liltewise  be  reconsid- 
ered. If  approved  by  a majority  of  the  whole  number  elected  to 
that  house,  it  shall  become  a law.  The  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  all  the  members 
voting  for  or  against  the  bill  shall  be  entered  upon  the  journals  ot 
their  respective  houses.  If  the  Governor  shall  fail  to  return  any 
bill,  with  his  objections,  within  five  days  ( Sundays  excepted ) after 
it  shall  have  been  presented  to  him,  the  same  shall  become  a law 
without  his  signature,  unless  the  General  Assembly,  by  its 
adjournment  prevents  its  return,'in  which  case  it  shall  not  become 
a law.  Every"  joint  resolution  or  order  (except  on  questions  of 
adjournment ) shall  likewise  be  presented  to  the  Governor  for  his 
signature,  and  before  it  shall  take  effect  shall  receive  his 
signature;  and  on  being  disapproved  by  him,  shall,  in  like  man- 
ner, be  returned  with  his  objections;  and  the  same,  before  it  shall 
take  effect,  shall  be  repassed  by  a majority  of  all  the  memlrers 
elected  to  both  houses,  in  the  manner  and  according  to  the  rules 
prescribed  in  case  of  a bill. 

ARTICLE  IV. 

Elections. 

Section  1.  Every  male  person  of  the  age  of  twenty-one  years, 
being  a citizen  of  the  United  States,  and  a resident  of  this  State 
for  twelve  months,  and  of  the  county  wherein  he  may  offer  his 
vote  for  six  months  next  preceding  the  day  of  election,  shall  be 
entitled  to  vote  for  members  of  the  General  Assembly",  and  other 


442 


CONSTITUTION  OF  TENNESSEE. 


civil  officers  for  the  county  or  district  in  which  he  resides;  and 
there  shall  be  no  qualification  attached  to  the  right  of  suffrage, 
except  that  each  voter  shall  give  to  the  judges  of  election,  where 
he  offers  to  vote,  satisfactory  evidence  that  he  has  paid  his  poll 
taxes  assessed  against  him  for  such  preceding  period  as  the  legis- 
lature shall  prescribe,  and  at  such  time  as  may  be  prescribed  by 
law;  without  which  his  vote  cannot  be  received.  And  all  male 
citizens  of  the  State  shall  be  subject  to  the  payment  of  poll  taxes 
and  the  performance  of  military  duty  within  sirch  ages  as  may  be 
prescribed  by  law.  The  General  Assembly  shall  have  power  to 
enact  laws  requiring  voters  to  vote  in  the  election  precincts  in 
which  they  may  reside,  and  laws  to  secure  the  freedom  of  elec- 
tions and  the  purity  of  the  ballot-box. 

Sec.  2.  Laws  may  be  passed  excluding  from  the  right  of  suf- 
frage persons  who  may  be  convicted  of  infamous  crimes. 

Sec.  3.  Electors  shall,  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  or  summons,  during 
their  attendance  at  elections,  and  in  going  to  and  returning  from 
them. 

Sec.  4.  In  all  elections  to  be  made  by  the  General  Assembly, 
the  members  thereof  shall  vote  viva  voce,  and  their  votes  shall  be 
entered  on  the  journal.  All  other  elections  shall  be  by  ballot, 

AKTICLE  V. 

Impeachments. 

Section  1.  The  House  of  EepresentatAes  shall  have  the  sole 
power  of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or  aflima- 
tion,  and  the  chief  justice  of  the  Supreme  Court,  or  if  he  be  on 
trial,  the  senior  associate  judge  shall  preside  over  them.  No  per* 
son  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  Senators  sworn  to  trv"  the  officer  impeached. 

Sec.  3.  The  House  of  Eepresentatives  shall  elect,  from  their 
own  body,  three  members,  whose  duty  it  shall  be  to  prosecute 
impeachments.  No  impeachment  shall  be  tried  until  the  Legis- 
lature shall  have  adjourned  sine  die,  when  the  Senate  shall  pro- 
ceed to  tiy  such  impeachment. 

Sec.  4.  The  Governor,  judges  of  the  Supreme  Court,  judges  of 
t he  inferior  courts,  chancellors,  attoiaieys  for  the  State,  Treasurer, 
Com])troller  and  Secretary  of  State,  shall  be  liable  to  impeachment 


CONSTITUTION  OF  TENNESSEE. 


143 


whenever  they  may,  in  the  opinion  of  the  House  of  Representa- 
tives commit  any  crime  in  their  official  capacity  which  may 
require  disqualification ; hut  judgment  shall  only  extend  to  removal 
from  office,  and  disqualification  to  fill  any  office  thereafter.  The 
party  shall,  nevertheless,  he  liable  to  indictment,  trial,  judgment 
and  punishment  according  to  law.  The  legislature  now  has,  and 
shall  continue  to  have,  power  to  relieve  from  the  penalties 
imposed,  any  person  disqualified  from  holding  office  hy  the  judg- 
ment of  a Court  of  Impeachment. 

Sec.  5.  Justices  of  the  peace  and  other  civil  officers,  not  herein- 
hefore  mentioned,  for  crimes  or  misdemeanors  in  office,  shall  he 
liable  to  indictment  in  such  courts  as  the  legislature  may  direct*, 
and,  upon  conHction,  shall  he  removed  from  office  hy  said  court, 
as  if  found  guilty  on  impeachment;  and  shall  be  subject  to  such 
other  punishment  as  may  be  prescribed  by  latv. 

ARTICLE  VI. 

Judicial  Department. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in 
one  Supreme  Court,  and  in  such  Circuit,  Chancery  and  other  infe- 
rior courts  as  the  legislature  shall,  from  time  to  time,  ordain  and 
establish,  in  the  judges  thereof,  and  in  justices  of  the  peace.  Tlie 
legislature  may  also  vest  such  jurisdiction  in  Corporation  Courts 
as  ma}’  be  deemed  necessary;  courts  to  be  holden  by  justices  of 
the  peace  may  also  be  established. 

Sec.  2.  The  Supreme  Court  shall  consist  of  five  judges,  of  whom 
not  more  than  two  shall  reside  in  any  one  of  the  grand  divisions 
of  the  State.  The  judges  shall  designate  one  of  their  own  number 
who  shall  preside  as  chief  justice.  The  concurrence  of  three  of 
the  judges  shall,  in  every  case,  be  necessary  to  a decision.  The 
jurisdiction  of  this  court  shall  be  appellate  only,  under  such 
restrictions  and  regulations  as  may,  from  time  to  time,  be  pre- 
scribed by  law;  but  it  may  possess  such  other  jurisdiction  as  is 
now  conferred  by  law  on  the  present  Supreme  Court;  said  court 
shall  be  held  at  Knoxville,  Nashville  and  Jackson. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall  be  elected  by 
the  qualified  voters  of  the  State.  The  legislature  shall  have  power 
to  prescribe  such  rules  as  may  be  necessary  to  carry  out  the  pro^ 
visions  of  section  2 of  this  article.  Every  judge  of  the  Supreme 
Court  shall  be  thirty-five  years  of  age,  and  shall,  before  his  elec- 
tion, have  been  a resident  of  the  State  for  five  years.  His  term 
of  serHce  shall  be  eight  years. 


444 


CONSTITUTION  OF  TENNESSEE. 


Sec.  4.  The  judges  of  the  Circuit  and  Chancery  Courts,  and  of 
other  inferior  courts,  shall  be  elected  by  the^  qualified  voters  of 
the  district  or  circuit  to  which  they  are  to  be  assigned.  Every 
judge  of  such  courts  shall  be  thirty  years  of  age,  and  shall,  before 
his  election,  have  been  a resident  of  the  State  for  five  years,  and 
of  the  circuit  or  district  one  year.  His  term  of  service  shall  be 
eight  years. 

Sec.  5.  An  Attorney-Greneral  and  Reporter  for  the  State  shall 
be  appointed  by  the  judges  of  the  Supreme  Court,  and  shall  hold 
his  office  for  a term  of  eight  years.  An  Attorney  for  the  State 
for  any  circuit  or  district  for  which  a judge  having  criminal 
jurisdiction  shall  be  provided  by  law^,  shall  be  elected  by  the 
qualified  voters  of  such  circuit  or  district,  and  shall  hold  his  office 
for  a term  of  eight  years,  and  shall  have  been  a resident  of  the 
State  for  five  years,  and  of  the  circuit  or  district,  one  year.  In 
all  cases  where  the  attorney  for  any  district  fails  or  refuses  to 
attend  and  prosecute  according  to  law,  the  court  shall  have 
power  to  appoint  an  attorney  pro  tempore. 

Sec.  6.  Judges  and  attorneys  for  the  State  may  be  removed 
from  office  by  a concurrent  vote  of  both  houses  of  the  General 
Assembly,  each  house  voting  separately;  but  two-thirds  of  the 
members  to  which  each  house  may  be  entitled  must  concur  in 
such  vote;  the  vote  shall  be  determined  by  ayes  and  noes,  and 
the  names  of  the  members  voting  for  or  against  the  judge  or 
attorney  for  the  State,  together  with  the  cause  or  causes  of 
removal,  shall  be  entered  on  the  journal  of  each  house,  respec- 
tively. The  judge  or  attorney  for  the  State,  against  whom  the 
Legislature  may  be  about  to  proceed,  shall  receive  notice  thereof, 
accompanied  with  a copy  of  the  causes  alleged  for  his  removal,  at 
least  ten  days  before  the  day  on  which  either  house  of  the  General 
Assembly  shall  act  thereupon. 

Sec.  7.  The  judges  of  the  Supreme  or  inferior  courts  shall,  at 
stated  times,  receive  a compensation  for  their  services,  to  be 
ascertained  by  law,  which  shall  not  be  increased  or  diminished 
during  the  time  for  which  they  are  elected.  They  shall  not  be 
allowed  any  fees  or  perquisites  of  office,  nor  hold  any  office  of 
trust  or  profit  under  this  State  or  the  United  States. 

Sec.  S.  The  jurisdiction  of  the  Circuit,  Chancery  and  other 
inferior  courts  shall  be  as  now  established  by  law,  until  changed 
by  the  Legislature. 


CONSTITUTION  OF  TENNESSEE. 


445 


Sec.  9.  Judges  shall  not  charge  juries  with  respect  to  matters 
of  fact,  but  may  state  the  testimony  and  declare  the  law. 

Sec.  10.  The  judges  or  justices  of  inferior  courts  of  law  and 
equity  shall  have  power  in  civil  cases  to  issue  writs  of  certiorari; 
to  remove  any  cause,  or  the  transcript  of  the  record  thereof,  from 
any  inferior  jurisdiction  in  such  court  of  law,  on  sufficient  cause, 
supported  by  oath  or  affirmation. 

Sec.  11.  No  judge  of  the  Supreme  or  inferior  courts  shall  pre- 
side on  the  trial  of  any  cause  in  the  event  of  which  he  may  be 
interested,  or  where  either  of  the  parties  shall  be  connected  with 
him  by  affinity  or  consanguinity,  within  such  degrees  as  may  be 
prescribed  by  law,  or  in  which  he  may  have  been  of  counsel,  or 
in  which  he  may  have  presided  in  any  inferior  court,  except  by 
consent  of  all  the  parties.  In  case  all  or  any  of  the  judges  of 
the  Supreme  Court  shall  be  thus  disqualified  from  presiding  on 
the  trial  of  any  cause  or  causes,  the  court,  or  the  judges  thereof, 
shall  certify  the  same  to  the  Governor  of  the  State,  and  he  shall 
forthwith  specially  commission  the  requisite  number  of  men,  of 
law  knowledge,  for  the  trial  and  determination  thereof.  The 
Legislature  may,  by  general  laws,  make  provision  that  special 
judges  may  be  appointed  to  hold  any  court,  the  judge  of  which 
shall  be  unable  or  fail  to  attend  or  sit,  or  to  hear  any  cause  in 
which  the  judge  may  be  incompetent. 

Sec.  12.  All  writs  and  other  process  shall  run  in  the  name  of 
the  State  of  Tennessee,  and  bear  test  and  be  signed  by  the 
respective  clerks.  Indictments  shall  conclude,  against  the 
peace  and  dignity  of  the  State.’^ 

Sec.  13.  Judges  of  the  Supreme  Court  shall  appoint  their 
clerks,  who  shall  hold  their  offices  for  six  years.  Chancellors 
shall  appoint  their  clerks  and  masters,  who  shall  hold  their 
offices  for  six  years.  Clerks  of  the  inferior  courts,  holden  in  the 
respective  counties  or  districts,  shall  be  elected  by  the  qualified 
voters  thereof,  for  the  term  of  four  years.  Any  clerk  may  be 
removed  from  office  for  malfeasance,  incompetency  or  neglect  of 
duty,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  14.  No  fine  shall  be  laid  on  any  citizen  of  this  State,  that 
shall  exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a jury  of 
his  peers,  who  shall  assess  the  fine  at  the  time  they  find  the  fact, 
if  they  think  the  fine  should  be  more  than  fifty  dollars. 

Sec.  15.  The  different  counties  of  this  State  shall  be  laid  off  as 
the  General  Assembly  may  direct,  into  districts  of  convenient 


446 


CONSTITUTION  OF  TENNESSEE. 


size,  so  that  the  whole  number  in  each  county  shall  not  be  more 
than  twenty-five,  or  four  for  every  one  hundred  square  miles. 
There  shall  be  two  justices  of  the  peace  and  one  constable  elected 
in  each  district  by  the  qualified  voters  therein,  except  districts 
including  county  towns,  which  shall  elect  three  justices  and  two 
constables.  The  jurisdiction  of  said  officers  shall  be  co  extensive 
with  the  county.  Justices  of  the  peace  shall  be  elected  for  the 
term  of  six,  and  constables  for  the  term  of  two  years.  Upon 
removal  of  either  of  said  officers  from  the  district  in  which  he 
was  elected,  his  office  shall  become  vacant  from  the  time  of  such 
removal.  Justices  of  the  peace  shall  be  commissioned  by  the 
Governor.  The  Legislature  shall  have  power  to  provide  for  the 
appointment  of  an  additional  number  of  justices  of  the  peace  in 
incorporated  towns. 

ARTICLE  VII. 

State  and  County  Officers. 

Section  1.  There  shall  be  elected  in  each  county,  by  the  quali- 
fied voters  therein,  one  sheriff,  one  trustee  and  one  register;  the 
sheriff  and  trustee  for  two  years;  but  no  person  shall  be  eligible 
to  the  office  of  sheriff  more  than  six  years  in  any  term  of  eight 
years.  There  shall  be  elected  for  each  county,  by  the  justices  of 
the  peace,  one  coroner  and  one  ranger,  who  shall  hold  their  offices 
for  two  years.  Said  officers  shall  be  removed  for  malfeasance  or 
neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  2.  Should  a vacancy  occur,  subsequent  to  an  election,  in 
the  office  of  sheriff,  trustee  or  register,  it  shall  be  filled  by  the 
justices;  if  in  that  of  the  clerk  to  be  elected  by  the  people,  it 
shall  be  filled  by  the  courts;  and  the  person  so  appointed  shall 
continue  in  office  until  his  successor  shall  be  elected  and  quali- 
fied; and  such  office  shall  be  filled  by  the  qualified  voters  at  the 
first  election  for  any  of  the  county  officers. 

Sec.  3.  There  shall  be  a Treasurer,  or  Treasurers,  and  a 
Comptroller  of  the  treasury,  appointed  for  the  State,  by  the  vote 
of  both  houses  of  the  General  Assembly,  who  shall  hold  their 
offices  for  two  years. 

Sec.  4.  The  election  of  all  officers  and  the  filling  of  all  vacan- 
cies not  otherwise  directed  or  provided  by  this  Constitution,  shall 
be  made  in  such  manner  as  the  Legislature  shall  direct. 

Sec.  5.  Elections  for  judicial  and  other  civil  officers  shall  be 
held  on  the  first  Thursday  in  August,  one  thousand  eight  hundred 


CONSTITUTION  OF  TENNESSEE. 


447 


and  seventy,  and  forever  thereafter  on  the  first  Thursday  in 
August  next  preceding  the  expiration  of  their  respective  terms 
of  service. 

The  term  of  each  officer  so  elected  shall  be  computed  from  the 
first  day  of  September  next  succeeding  his  election.  The  term  of 
office  of  the  Governor  and  other  executive  officers  shall  be  com- 
puted from  the  fifteenth  of  January  next  after  the  election  of 
the  Governor.  No  appointment  or  election  to  fill  a vacancy  shall 
be  made  for  a period  extending  beyond  the  unexpired  term. 
Every  ofQcer  shall  hold  his  office  until  his  successor  is  elected 
or  appointed  and  qualified.  No  special  election  shall  be  held  to 
fill  a vacancy  in  the  office  of  judge  or  district  attorney,  but  at 
the  time  herein  fixed  for  the  biennial  election  of  civil  officers. 
And  such  vacancy  shall  be  filled  at  the  next  biennial  election 
occurring  more  than  thirty  days  after  the  vacancy  occurs. 

ARTICLE  VIII. 

Militia. 

Section  1.  All  militia  officers  shall  be  elected  by  persons  sub- 
ject to  military  duty,  within  the  bounds  of  their  several  com- 
panies, battalions,  regiments,  brigades  and  divisions,  under  such 
rules  and  regulations  as  the  Legislature  may,  from  time  to  time, 
direct  and  establish. 

Sec.  2.  The  Governor  shall  appoint  the  Adjutant-General  and 
his  other  staff  officers;  the  major-generals,  brigadier-generals  and 
commanding  officers  of  regiments  shall  respectively  appoint  their 
staff  officers. 

Sec.  3.  The  Legislature  shall  pass  laws  exempting  citizens 
belonging  to  any  sect  or  denomination  of  religion,  the  t'ennets  of 
which  are  known  to  be  opposed  to  bearing  arms,  from  attending 
private  and  general  musters. 

ARTICLE  IX. 

Disqualifications. 

Section  1.  Whereas,  Ministers  of  the  gospel  are,  by  their  pro- 
fession, dedicated  to  God  and  the  care  of  souls,  and  ought  not  to 
be  diverted  from  the  great  duties  of  their  functions;  therefore, 
no  minister  of  the  gospel  or  priest  of  any  denomination  whatever 
shall  be  eligible  to  a seat  in  either  house  of  the  Legislature. 


448 


CONSTITUTION  OF  TENNESSEE. 


Sec.  2.  No  person  who  denies  the  being  of  God,  or  a future 
state  of  rewards  and  punishments,  shall  hold  any  office  in  the 
civil  department  of  this  State. 

Sec.  3.  Any  person  who  shall,  after  the  adoption  of  this  Con- 
stitution, fight  a duel,  or  knowingly  be  the  bearer  of  a challenge 
to  fight  a duel,  or  send,  or  accept  a challenge  for  that  purpose, 
or  be  an  aider  or  abettor  in  fighting  a duel,  shall  be  deprived  of 
the  right  to  hold  any  office  of  honor  or  profit  in  this  State,  and 
shall  be  punished  otherwise,  in  such  manner  as  the  Legislature 
may  prescribe. 

ARTICLE  X. 

Oath^  Bribery  of  Electors^  New  Counties. 

Section  1.  Every  person  who  shall  be  chosen  or  appointed  to 
any  office  of  trust  or  profit  under  this  Constitution,  or  any  law 
made  in  pursuance  thereof,  shall,  before  entering  upon  the  duties 
thereof,  take  an  oath  to  support  the  Constitution  of  this  State 
and  of  the  United  States,  and  an  oath  of  office. 

Sec.  2.  Each  member  of  the  Senate  and  House  of  Representa- 
tives shall,  before  they  proceed  to  business,  take  an  oath  or 
affirmation  to  support  the  Constitution  of  this  State  and  of  the 

United  States,  and  also  the  following  oath:  “I, , 

do  solemnly  swear  (or  affirm)  that,  as  a member  of  this  General 
Assembly,  I will,  in  all  appointments,  vote  without  favor,  affec- 
tion, partiality  or  prejudice;  and  that  I will  not  propose  or  assent 
to  any  bill,  vote  or  resolution  which  shall  appear  to  me  injurious 
to  the  people,  or  consent  to  any  act  or  thing  whatever  that  shall 
have  a tendency  to  lessen  or  abridge  their  rights  and  privileges 
as  declared  by  the  Constitution  of  this  State.” 

Sec.  3.  Any  elector  who  shall  receive  any  gift  or  reward  for 
his  vote,  in  meat,  drink,  money,  or  otherwise,  shall  suffer  such 
punishment  as  the  laws  shall  direct.  And  any  person  who  shall, 
directly  or  indirectly,  give,  promise  or  bestow  any  such  reward 
to  be  elected  shall  thereby  be  rendered  incapable,  for  six  years,  to 
serve  in  the  office  for  which  he  was  elected,  and  be  subject  to 
such  further  punishment  as  the  Legislature  shall  direct. 

Sec.  4.  New  counties  may  be  established  by  the  Legislature,  to 
consist  of  not  less  than  two  hundred  and  seventy-five  square 
miles,  and  which  shall  contain  a population  of  seven  hundred 
qualified  voters.  No  line  of  such  county  shall  approach  the  court- 
house of  any  old  county  from  which  it  may  be  taken  nearer  than 


CONSTITUTION  OF  TENNESSEE. 


449 


eleven  miles,  nor  shall  said  old  county  be  reduced  to  less  than 
five  hundred  square  miles.  But  the  following  exceptions  are 
made  to  the  foregoing  provisions,  viz.:  New  counties  may  be 
established  by  the  present  or  any  succeeding  Legislature  out  of 
the  following  territory,  to  wit:  Out  of  that  portion  of  Obion 

county  which  lies  west  of  low-water  mark  of  Keel  Foot  lake. 
Out  of  fractions  of  Sumner,  Macon  and  Smith  counties,  but  no 
line  of  such  new  county  shall  approach  the  court-house  of  Sumner 
or  Smith  counties  nearer  than  ten  miles,  nor  include  any  part  of 
Macon  county  lying  within  nine  and  a half  miles  of  the  court- 
house of  said  county,  nor  shall  more  than  twenty  square  miles 
of  Macon  county,  nor  any  part  of  Sumner  county  lying  due  west 
of  the  western  boundary  of  Macon  county  be  taken  in  the  forma- 
tion of  said  new  county.  Out  of  fractions  of  Grainger  and  Jeffer- 
son counties,  but  no  line  of  such  new  county  shall  include  any 
part  of  Grainger  county  north  of  Holston  river,  nor  shall  any 
line  thereof  approach  the  court-house  of  Jefferson  county  nearer 
than  eleven  miles;  such  new  county  may  include  any  other  terri- 
tory which  is  not  excluded  by  any  general  provisions  of  this  Con- 
stitution. Out  of  fractions  of  Jackson  and  Overton  counties,  but 
no  line  of  such  new  county  shall  approach  the  court-house  of 
Jackson  or  Overton  counties  nearer  than  ten  miles;  nor  shall 
such  county  contain  less  than  four  hundred  qualified  voters,  nor 
shall  the  area  of  either  of  the  old  counties  be  reduced  below  four 
hundred  and  fifty  square  miles.  Out  of  fractions  of  Roane, 
Monroe  and  Blount  counties,  around  the  town  of  Loudon,  but  no 
line  of  such  new  county  shall  ever  approach  the  towns  of  Mary- 
ville, Kingston  or  Madisonville  nearer  than  eleven  miles,  except 
that  on  the  south  side  of  Tennessee  river  said  lines  may  approach 
as  near  as  ten  miles  to  the  court-house  of  Roane  county. 

The  counties  of  Lewis,  Cheatham  and  Sequatchie,  as  now 
established  by  legislative  enactments,  are  hereby  declared  to  be 
constitutional  counties.  No  part  of  Bledsoe  county  shall  be 
taken  to  form  a new  county,  or  a part  thereof,  or  be  attached  to 
any  adjoining  county. 

That  portion  of  Marion  county  included  within  the  following 
boundaries:  Beginning  on  the  Grundy  and  Marion  county  line, 
at  the  Nick-a-jack  trace,  and  running  about  six  hundred  yards 
west  of  Ben  Posey’s,  to  where  the  Tennessee  coal  railroad 
crosses  the  line,  running  thence  south-east,  through  the  Pocket, 
29 


^50 


CONSTITUTION  OF  TENNESSEE. 


near  William  Summer’s  crossing  the  Battle  Creek  gulf,  at  the 
corner  of  Thomas  Wooten’s  field;  thence  running  across  the 
Little  Gizzard  gulf  at  Eaven  point;  thence  in  a direct  line  to 
the  bridge  crossing  the  Big  Fiery  Gizzard;  thence  in  a direct 
line  to  the  mouth  of  Holy  Water  creek;  thence  up  said  creek  to 
the  Grundy  county  line,  and  thence  with  said  line  to  the  begin- 
ning, is  hereby  detached  from  Marion  county  and  attached  to  the 
county  of  Grundy. 

No  part  of  a county  shall  be  taken  off  to  form  a new  county,  or 
a part  thereof,  without  the  consent  of  two-thirds  of  the  qualified 
voters  in  such  part  taken  off.  And,  where  an  old  county  is 
reduced  for  the  purpose  of  forming  a new  one,  the  seat  of  justice 
in  said  old  county  shall  not  be  removed  without  the  concurrence 
of  two-thirds  of  both  branches  of  the  Legislature,  nor  shall  the 
seat  of  justice  of  any  county  be  removed  without  the  concurrence 
of  two-thirds  of  the  qualified  voters  of  the  county.  But  the  fore- 
going provision  requiring  a two-thirds  majority  of  the  voters 
of  a county  to  remove  its  county  seat  shall  not  apply  to  the 
counties  of  Obion  and  Cocke. 

The  fractions  taken  from  old  counties  to  form  new  counties,  or 
taken  from  one  county  and  added  to  another,  shall  continue 
liable  for  their  pro  rata  of  all  debts  contracted  by  their  respec- 
tive counties  prior  to  the  separation,  and  be  entitled  to  their 
proportion  of  any  stocks  or  credits  belonging  to  such  old  counties. 

Sec.  5.  The  citizens  who  may  be  included  in  any  new  county 
shall  vote  with  the  county  or  counties  from  which  they  may  have 
been  stricken  off  for  the  members  of  Congress,  for  Governor,  and 
for  members  of  the  General  Assembly,  until  the  next  apportion- 
ment of  members  of  the  General  Assembly  after  the  establish- 
ment of  such  new  county. 

ARTICLE  XI. 

Miscellaneous  Provisions. 

Section  1.  All  laws  and  ordinances  now  in  force  and  in  use 
in  this  State,  not  inconsistent  with  this  Constitution,  shall  con- 
tinue in  force  and  use  until  they  shall  expire,  or  be  altered  or 
repealed  by  the  Legislature.  But  ordinances  contained  in  any 
former  Constitution  or  schedule  thereto  are  hereby  abrogated. 

Sec.  2.  Nothing  contained  in  this  Constitution  shall  impair 
the  validity  of  any  debts  or  contracts,  or  affect  any  rights  of 
property,  or  any  suits,  actions,  rights  of  action,  or  other  proceed- 
ings in  courts  of  justice. 


CONSTITUTION  OF  TENNESSEE. 


451 


Sec.  3.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  or  House  of  Kepresentatives,  and, 
if  the  same  shall  be  agreed  to  by  a majority  of  all  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals,  with  the  yeas  and 
nays  thereon,  and  referred  to  the  General  Assembly  then  next  to 
be  chosen;  and  shall  be  published  six  months  previous  to  the  time 
of  making  such  choice;  and  if,  in  the  General  Assembly  then 
next  chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  two-thirds  of  all  the  members  elected 
to  each  house,  then  it  shall  be  the  duty  of  the  General  Assembly 
to  submit  such  proposed  amendment  or  amendments  to  the 
people,  in  such  manner  and  at  such  times  as  the  General  Assem- 
bly shall  prescribe.  And  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a majority  of  all  the  citizens 
of  the  State  voting  for  Eepresentatives,  voting  in  their  favor, 
such  amendment  or  amendments  shall  become  a part  of  this 
Constitution.  When  any  amendment  or  amendments  to  the 
Constitution  shall  be  proposed  in  pursuance  of  the  foregoing  pro- 
visions, the  same  shall,  at  each  of  said  sessions,  be  read  three 
times,  on  three  several  days,  in  each  house.  The  Legislature 
shall  not  propose  amendments  to  the  Constitution  oftener  than 
once  in  six  years.  The  Legislature  shall  have  the  right,  at  any 
time,  by  law,  to  submit  to  the  people  the  question  of  calling  a 
Convention  to  alter,  reform  or  abolish  this  Constitution,  and 
when,  upon  sncli  submission,  a majoi’ity  of  all  the  votes  cast  shall 
be  in  favor  of  said  proposition,  the  delegates  shall  be  chosen,  and 
the  Convention  shall  assemble  in  such  mode  and  manner  as  shall  be 
prescribed. 

Sec.  4.  The  Legislature  shall  have  no  power  to  grant  divorces, 
but  may  authorize  the  courts  of  justice  to  grant  them  for  such 
causes  as  may  be  specified  by  law;  but  such  laws  shall  be  gen- 
eral and  uniform  in  their  operation  throughout  the  State. 

Sec.  5.  The  Legislature  shall  have  no  power  to  authorize 
lotteries  for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale 
of  lottery  tickets  in  this  State. 

Sec.  6.  The  Legislature  shall  have  no  power  to  change  the 
names  of  persons,  or  to  pass  acts  adopting  or  legitimating  per- 
sons, but  shall,  by  general  laws,  confer  this  power  on  the  courts. 

Sec.  7.  The  Legislature  shall  fix  the  rate  of  interest,  and  the 
rate  so  established  shall  be  equal  and  uniform  throughout  the 


452 


CONSTITUTION  OF  TENNESSEE. 


State;  but  the  Legislature  may  provide  for  a conventional  rate 
of  interest,  not  to  exceed  ten  per  cent  per  annum. 

Sec.  8.  The  Legislature  shall  have  no  power  to  suspend  any 
general  law  for  the  benefit  of  any  particular  individual,  nor  to 
pass  any  law  for  the  benefit  of  individuals  inconsistent  with  the 
general  laws  of  the  land;  nor  to  pass  any  law  granting  to  any 
individual  or  individuals  rights,  privileges,  immunities  or  exemp- 
tions, other  than  such  as  may  be,  by  the  same  law,  extended  to 
any  member  of  the  community  who  may  be  able  to  bring  himself 
within  the  provisions  of  such  law.  No  corporation  shall  be  cre- 
ated, or  its  powers  increased  or  diminished,  by  special  laws;  but 
the  General  Assembly  shall  provide,  by  general  laws,  for  the 
organization  of  all  corporations  hereafter  created,  which  laws 
may,  at  any  time,  be  altered  or  repealed;  and  no  such  alteration 
or  repeal  shall  interfere  with  or  divest  rights  which  have  become 
vested. 

Sec.  9.  The  Legislature  shall  have  the  right  to  vest  such 
powers  in  the  courts  of  justice,  with  regard  to  private  and  local 
affairs,  as  may  be  deemed  expedient. 

Sec.  10.  A well  regulated  system  of  internal  improvement  is 
calculated  to  develop  the  resources  of  the  State,  and  promote  the 
happiness  and  prosperity  of  her  citizens;  therefore,  it  ought  to 
be  encouraged  by  the  General  Assembly. 

Sec.  11.  A homestead,  in  the  possession  of  each  head  of  a 
family,  and  the  improvements  thereon,  to  the  value,  in  all,  of  one 
thousand  dollars,  shall  be  exempt  from  sale  under  legal  process 
during  the  life  of  such  head  of  a family,  to  inure  to  the  benefit  of 
the  widow,  and  shall  be  exempt  during  the  minority  of  their 
children  occupying  the  same.  Nor  shall  said  property  be  alien- 
ated without  the  joint  consent  of  husband  and  wife,  when  that 
relation  exists.  This  exemption  shall  not  operate  against  public 
taxes,  nor  debts  contracted  for  the  purchase-money  of  such  home- 
stead, or  improvements  thereon. 

Sec.  12.  Knowledge,  learning  and  virtue  being  essential  to 
the  preservation  of  Republican  institutions,  and  the  diffusion  of 
the  opportunities  and  advantages  of  education  throughout  the 
different  portions  of  the  State  being  highly  conducive  to  the  pro- 
motion of  this  end,  it  shall  be  the  duty  of  the  General  i^ssembly, 
in  all  future  periods  of  this  government,  to  cherish  literature  and 
science.  And  the  fund  called  the  common  school  fund,  and  all  the 


CONSTITUTION  OF  TENNESSEE. 


453 


lands  and  proceeds  thereof,  dividends,  stocks  and  other  property 
of  every  description  whatever,  heretofore  hy  law  appropriated  by 
the  General  Assembly  of  this  State  for  the  use  of  common  schools, 
and  all  such  as  shall  hereafter  be  appropriated,  shall  remain  a 
perpetual  fund,  the  principal  of  which  shall  never  be  diminished 
by  legislative  appropriation;  and  the  interest  thereof  shall  be 
inviolably  appropriated  to  the  support  and  encouragement  of 
common  schools  throughout  the  State,  and  for  the  equal  benefit 
of  all  the  people  thereof;  and  no  law  shall  be  made  authorizing 
said  fund  or  any  part  thereof  to  be  diverted  to  any  other  use 
than  the  support  and  encouragement  of  common  schools.  The 
State  taxes  derived  hereafter  from  polls  shall  be  appropriated 
to  educational  purposes,  in  such  manner  as  the  General  Assem- 
bly shall,  from  time  to  time,  direct  by  law.  No  school  established 
or  aided  under  this  section  shall  allow  white  and  negro  children 
to  be  received  as  scholars  together  in  the  same  school.  The 
above  provision  shall  not  prevent  the  Legislature  from  carrying 
into  effect  any  laws  that  have  been  passed  in  favor  of  the  col- 
leges, universities  or  academies,  or  from  authorizing  heirs  or 
distributees  to  receive  and  enjoy  escheated  property  under  such 
laws  as  may  be  passed  from  time  to  time. 

Sec.  13.  The  General  Assembly  shall  have  power  to  enact 
laws  for  the  protection  and  preservation  of  game  and  fish  within 
the  State,  and  such  laws  may  be  enacted  for  and  applied  and 
enforced  in  particular  counties  or  geographical  districts  desig- 
nated by  the  General  Assembly. 

Sec.  14.  The  intermarriage  of  white  persons  with  negroes, 
mulattoes,  or  persons  of  mixed  blood,  descended  from  a negro  to 
the  third  generation,  inclusive,  or  their  living  together  as  man 
and  wife,  in  this  State,  is  prohibited.  The  Legislature  shall 
enforce  this  section  by  approjjriate  legislation. 

Sec.  15.  No  person  shall,  in  time  of  peace,  be  required  to  per- 
form any  service  to  the  public  on  any  day  set  apart  by  his 
religion  as  a day  of  rest. 

Sec.  16.  The  declaration  of  rights,  hereto  prefixed,  is  declared 
to  be  a part  of  the  Constitution  of  this  State,  and  shall  never  be 
violated  on  any  pretense  whatever.  And  to  guard  against  trans- 
gression of  the  high  powers  we  have  delegated,  we  declare  that 
everything  in  this  bill  of  rights  contained  is  excepted  out  of  the 


454 


CONSTITUTION  OF  TENNESSEE' 


general  powers  of  the  government,  and  shall  forever  remain 
inviolate. 

Sec.  17.  No  county  office  created  by  the  Legislature  shall  be 
filled  otherwise  than  by  the  people  or  the  county  court. 

THE  SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  from  a change  of 
the  Constitution,  it  is  declared  that  the  Governor  of  the  State, 
the  members  of  the  General  Assembly,  and  all  officers  elected  at 
or  after  the  general  election  of  March,  1870,  shall  hold  their  offices 
for  the  terms  prescribed  in  this  Constitution. 

Officers  appointed  by  the  courts  shall  be  filled  by  appointment, 
to  be  made  and  to  take  effect  during  the  first  term  of  the  court 
held  by  judges  elected  under  this  Constitution. 

All  other  officers  shall  vacate  their  places  thirty  days  after  the 
day  fixed  for  the  election  of  their  successors  under  this 
Constitution. 

The  Secretary  of  State,  Comptroller  and  Treasurer  shall  hold 
their  offices  until  the  first  session  of  the  present  General  Assem- 
bly occurring  after  the  ratification  of  this  Constitution,  and  until 
their  successors  are  elected  and  qualified. 

The  officers  then  elected  shall  hold  their  offices  until  the  15th 
day  of  January,  1873. 

Sec.  2.  At  the  first  election  of  judges  under  this  Constitu- 
tion, there  shall  be  elected  six  judges  of  the  Supreme  Court,  two 
from  each  grand  division  of  the  State,  who  shall  hold  their 
offices  for  the  term  herein  prescribed. 

In  the  event  uny  vacancy  shall  occur  in  the  office  of  either  of 
said  judges  at  any  time  after  the  first  day  of  January,  1873,  it 
shall  remain  unfilled,  and  the  court  shall,  from  that  time,  be  con- 
stituted of  five  judges. 

While  the  court  shall  consist  of  six  judges  they  may  sit  in  two 
sections,  and  may  hear  and  determine  causes  in  each  at  the  same 
time,  but  not  in  different  grand  divisions  at  the  same  time. 

When  so  sitting  the  concurrence  of  two  judges  shall  be  neces- 
sary to  a decision. 

The  Attorney-General  and  Keporter  for  the  State  shall  be 
appointed  after  the  election  and  qualification  of  the  judges  of 
the  Supreme  Court  herein  provided  for. 

Sec.  3.  Every  judge  and  every  officer  of  the  executive  depart- 
ment of  this  State,  and  eA'ery  sheriff  holding  over  under  this 


CONSTITUTION  OF  TENNESSEE. 


455 


Constitution,  shall,  within  twenty  days  after  the  ratification  of 
this  Constitution  is  proclaimed,  take  an  oath  to  support  the  same; 
and  the  failure  of  any  ofiicer  to  take  such  oath  shall  vacate  his 
office. 

Sec.  4.  The  time  which  has  elapsed  since  the  6th  day  of  May, 
1861,  until  the  1st  day  of  January,  1867,  shall  not  he  computed 
in  any  cases  affected  by  the  statutes  of  limitation,  nor  shall  any 
writ  of  error  be  affected  by  such  lapse  of  time. 

Done  in  Convention,  at  Nashville,  the  twenty-third  day  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy,  and  of  the  independence  of  the  United  States  the 
ninety-fourth.  In  testimony  whereof  we  have  hereunto  set 
our  names. 

JOHN  C.  BROWN,  President. 

T.  E.  S.  RUSSWURM,  Secretary. 

Attest: 

THOS.  W.  JONES,  Assistant  Secretary. 

W.  S.  KYLE,  Second  Assistant  Secretar}^ 


CONSTITUTION 


OF  THE 

STATE  OF  TEXAS. 


CONSTITUTION  OF  THE  STATE  OF  TEXAS, 


Article 

1.  Bill  of  rights. 

2.  Powers  of  government. 

3.  Legislative  department. 

4.  Executive  department. 

5.  Judicial  department. 

6.  Suffrage. 

7.  Education. — The  public  free 

schools. 

8.  Taxation  and  revenue. 

9.  Counties. 

10.  Railroads. 

11.  Municipal  corporations. 

12.  Private  corporations. 

13.  Spanish  and  Mexican  land  titles. 

14.  Public  lands  and  land  office. 

15.  Impeachment. 

16.  General  provisions. 

17.  Mode  of  amending  the  Constitu- 

tion of  this  State. 

Preamble. 

ARTICLE  I. 

Bill  of  Bights. 

Section 

1.  Texas  is  a free  and  independent 

State,  subject  only  to  the  Con- 
stitution of  the  United  States. 

2.  All  political  power  is  inherent  in 

the  people, 

3.  All  free  men  have  equal  rights. 

4.  No  religious  test  shall  ever  be 

required  as  a qualification  to 
office. 

5.  No  person  debarred  from  testi- 

fying in  any  court  in  this  State 
on  account  of  religious  opinion. 

6.  Freedom  of  religious  thought 

and  worship. 

7.  Money  shall  not  be  appropriated 

to  any  religious  society,  etc. 

8.  Freedom  of  speech  and  of  the 

press. 

9.  Unreasonable  searches  and 

seizures  forbidden. 

10.  In  criminal  prosecutions,  the 

rights  of  the  accused. 

11.  Bail  shall  be  accepted  except  for 

capital  offenses. 


I Section 

! 12.  The  writ  of  habeas  corpus, 
i 13.  Excessive  bail  or  excessive  fines 
j shall  not  be  imposed,  nor  cruel 

! punishment  inflicted. 

; 14.  No  person  shall  be  put  in  jeop- 
I ardy  twice  for  the  same  offense. 

15.  The  right  of  trial  by  jury  shall 
, remain  inviolate, 

i 16.  No  bill  of  attainder,  or  ex  post 
I facto  laws,  shall  be  passed. 

17.  Private  property  taken  or  dam- 
j aged  shall  receive  just  compen- 

! sation. 

! 18.  No  imprisonment  for  debt. 

19.  No  person  shall  be  disfranchised 
except  by  due  course  of  law. 

20.  No  person  shall  be  outlawed,  nor 
transported. 

21.  No  conviction  shall  work  corrup- 
tion of  blood. 

22.  Treason  against  the  State  de- 
flned. 

23.  The  right  to  bear  arms. 

24.  The  military  subordinate  to  the 
civil  power. 

25.  Quartering  of  soldiers. 

26.  Monopolies  and  the  law  of  primo 
geniture  forbidden. 

27.  The  citizens  have  the  right  to  as- 
semble in  a peaceable  manner 
to  consult  for  the  common 
good. 

28.  No  power  of  suspending  the  laws 
in  thjs  State  shall  be  exercised 
except  by  the  Legislature. 

29.  To  guard  against  transgression 
of  the  high  powers,  etc. 

ARTICLE  II. 

Powers  of  Government. 

1.  The  legislative,  the  executive, 
and  the  judicial. 

ARTICLE  III. 

Legislative  Department. 

1.  The  legislative  power  of  the 
State  is  vested  in  the  Senate 
and  House  of  Representatives. 


460 


CONSTITUTION  OF  TEXAS. 


Section 

2.  The  Senate  shall  consist  of 

thirty-one  members. — The 

house  of  ninety-three  members. 

3.  The  choosing-  of  senators. 

4.  The  choosing  of  representatives. 

5.  The  Legislature  shall  meet  every 

two  years. 

6.  To  be  eligible  to  be  a senator. 

7.  To  be  eligible  to  be  a represen- 

tative. 

S.  Each  house  shall  be  judge  of 
the  qualification  and  election 
of  its  own  members. 

9.  The  Senate  shall  elect  a presi- 
dent pro  tempore. 

10.  Two-thirds  of  each  house  shall 

constitute  a quorum. 

11.  Each  house  to  determine  the 

rules  of  its  own  proceedings 
and  punish  members  for  dis- 
orderly conduct. 

12.  Each  house  to  keep  a journal. 

13.  Governor  may  fill  the  vacancies 

in  either  house  by  issuing 
writs  of  election. 

14.  Senators  and  representatives 

privileged  from  arrest. 

15.  Each  house  may  punish  by  im- 

prisonment any  person  not  a 
member,  etc. 

16.  The  sessions  of  each  house  shall 

be  open,  except. 

17.  They  may  not  adjourn  for  more 

than  three  days.  : 

18.  Senators  and  representatives  ; 

may  not  hold  another  office.  ' 

19.  Officers  who  are  not  eligible  to  | 

the  Legislature.  j 

20.  No  person  entrusted  with  public  j 

money  shall  be  eligible  to  the  j 
Legislature.  * : 

21.  Freedom  of  speech  and  debate,  j 

22.  No  member  having  a personal 

or  private  interest  in  any 
measure  shall  vote  thereon. 

23.  If  any  Senator  or  representa- 

Tive  removes  his  residence 
from  the  district  for  which  he 
was  elected  his  office  thereby 
becomes  vacant. 

24.  Compensation  for  members  of 

the  Legislature. 

25.  The  State  shall  be  divided  into 

senatorial  districts.  > i 


Section 

26.  Apportionment  of  representa- 

tives. 

27.  Elections  for  senators  and  rep- 

resentatives shall  be  general. 

28.  A new  apportionment  to  be 

made  after  each  United  States 
census. 

29.  The  enacting  clause  of  all  laws, 

shall  be. 

30.  No  law  shall  be  passed  except 

by  bill. 

31.  Bills  may  originate  in  either 

house. 

32.  No  bills  shall  have  the  force  of 

a law  until  read  three  times 
in  each  house. 

33.  Bills  for  raising  revenue  shall 

originate  in  the  House  of  Rep- 
resentatives. 

34.  After  a bill  has  once  been  de- 

feated by  either  house  it  shall 
not  come  up  again. 

35.  No  bill  shall  contain  more  than 

one  subject. 

36.  No  law  shall  be  revived  or 

amended  by  reference  to  Its 
title. 

37.  In  regard  to  the  passing  of  bills. 

38.  Presiding  officers  of  each  house 

shall  sign  all  bills. 

39.  No  law  shall  go  into  force  until 

ninety  days  after  adjournment, 
except. 

40.  The  Legislature,  when  convened 

in  special  session. 

41.  In  all  elections  in  the  Legisla- 

ture the  vote  shall  be  viva 
voce . 

42.  The  Legislature  shall  pass  laws 

necessary  to  carry  into  effect 
the  provisions  of  this  Consti- 
tution. 

43.  Civil  and  criminal  laws  to  be  re- 

vised and  published. 

44.  The  compensation  of  officers, 

servants,  etc.,  shall  be  provid- 
ed for  by  law. 

45.  The  power  to  change  the  venue 

in  civil  and  criminal  cases. 

46.  Vagrant  laws  to  be  enacted. 

47.  Lotteries  illegal. 

48.  For  What  purposes  taxes  may 

be  levied. 


COXSTITUTIOjST  of  TEXAS. 


461 


Section 

49.  In  regard  to  creating  State  debt. 

50.  State  credit  shall  not  be  given 

or  loaned. 

51.  Public  money  not  to  be  granted 

to  individuals,  associations,  etc. 

52.  No  sub-division  of  the  State  shall 

lend  its  credit. 

63.  No  extra  compensation,  fee  or 
allowance  to  a public  officer  to 
be  granted. 

54.  No  lien  held  by  the  State  upon 

any  railroad  will  be  released  or 
alienated. 

55.  The  indebtedness,  liability  or  ob- 

ligation of  any  individual  or 
corporation  may  not  be  re- 
leased. 

56.  Local  or  special  laws  may  not  be 

passed,  on  the  following  sub- 
jects. 

57.  No  local  or  special  laws  shall  be 

passed  unless  notice  of  the  in- 
tention shall  have  been  pub-  ! 
lished. 

58.  The  city  of  Austin  shall  be  the 

seat  of  government. 

ARTICLE  IV. 

Executive  Department. 

1.  The  executive  department  shall 

consist  of  certain  officers. 

2.  They  shall  be  elected  by  qualified 

voters. 

3.  What  is  to  be  done  with  returns 

of  election  of  said  officers. 

4.  When  the  Governor  shall  be  in- 

stalled.— His  term  of  office  and 
qualifications. 

5.  His  compensation. 

6.  He  may  not  hold  any  other  office 

during  his  term. 

7.  He  shall  be  commander-in-chief  i 

of  the  militia. 

8.  He  may  on  extraordinary  occa- 

sions convene  the  Legislature. 

9.  He  shall  recommend  to  the  Leg- 

islature such  measures  as  he 
may  deem  expedient,  etc. 

10.  He  shall  cause  the  laws  to  be 

faithfully  executed. 

11.  He  may  grant  reprieves  and  par- 

dons. 


I Section 

j 12.  How  vacancies  in  State  and  dis- 
trict offices  are  to  be  filled. 

I 13.  During  the  session  of  the  Legis- 
! lature  the  Governor  shall  reside 

I in  the  same  place,  etc. 

I 14.  All  bills  to  be  presented  to  the 
j Governor. 

I 15.  Orders,  resolutions  or  votes,  to 
which  the  concurrence  of  both 
houses  is  necessary,  will  be 
I presented  to  the  Governor. 

I 16.  Lieutenant-Governor. 

I 17.  When  the  president  of  the  Sen- 
ate shall  act  as  Governor. 

I 18.  When  the  Lieutenant-Governor 
or  president  of  the  Senate  acts 
as  Governor  he  shall  be  under 
the  same  restriction,  etc. 

19.  There  shall  be  a seal  of  State 

kept  by  the  secretary. 

20.  All  commissions  shall  be  in  the 

name  of  the  State. 

21.  The  Secretary  of  State. — His  du- 

pointment  and  salary. 

22.  The  Attorney-General. — His  du- 

ties and  salary. 

23.  Other  State  officers. — Their  sal- 

aries and  term  of  office. 

24.  An  account  shall  be  kept  for  all 

moneys  received  and  disbursed. 

I 25.  Breach  of  trust, 
j 26.  Notaries  public. 

ARTICLE  V. 

Judicial  Department. 

1.  The  judicial  power  of  the  State. 
— How  vested. 

2.  The  Supreme  Court. — To  consist 
of  whom. 

3.  Its  jurisdiction  and  powers. 

4.  The  Court  of  Criminal  Appeals 
to  consist  of  three  judges, 

5.  Its  jurisdiction. 

6.  The  States  shall  be  divided  into 
not  less  than  two,  nor  more 
than  three  judicial  districts. 

7.  In  regard  to  judicial  districts 
and  judges  of  the  same. — Their 
terms  of  office  and  number  of 
courts  held. 

8.  The  District  Court. — Its  jurisdic- 
tion. 


462 


CONSTITUTION  OF  TEXAS. 


Section 

9.  Clerk  of  the  District  Court. — 
His  term  of  office,  etc. 

10.  The  right  of  trial  by  jury. 

11.  No  judge  may  sit  in  any  case 

wherein  he  may  be  interested. 

12.  The  style  of  process  shall  be. 

13.  The  grand  and  petit  juries  in 

the  District  Courts  to  be  com- 
posed of  twelve  men. 

14.  The  judicial  districts  in  this 

State  are  fixed  until  otherwise 
provided  by  law. 

15.  The  County  Court  shall  be  a 

court  of  record. 

16.  Its  jurisdiction. 

17.  The  County  Court  shall  hold  a 

term  once  in  every  two 
months. — It  shall  dispose  of 
probate  business. 

18.  Each  county  shall  be  divided 

into  precincts. 

19.  Justices  of  thel  peace. — Their 
jurisdiction. 

20.  County  clerk, — His  term  of  office 

and  duties. 

21.  The  county  attorney. — His  elec- 

tion. 

22.  The  civil  and  criminal  jurisdic- 

tion of  County  Court  may 
be  increased  or  diminished. 

23.  The  sheriff.— His  term  of  office, 

duties  and  fees. 

24.  County  officers  may  be  removed 

for  incompetency. 

25.  The  Supreme  Court  may  estab- 

lish rules  of  procedure. 

26.  The  State  shall  have  no  right  of 

appeal  in  criminal  cases. 

27.  The  Degislature  shall  at  its  first 

session  provide  for  the  trans- 
fer of  all  business  pending  in 
District  Courts. 

28.  Vacancies  in  the  office  of  judges 

of  certain  courts  shall  be  filled 
by  the  Governor. 

29.  County  Court  shall  hold  at  least 

four  terms  each  year. 

ARTICLE  VI. 

Svffrarje. 

1.  Enumeration  of  those  who  may 

not  vote. 

2.  To  be  eligible  to  vote. 


Section 

3.  Tb  have  the  right  to  vote  for 

mayor  and  other  elective  offi- 
cers. 

4.  Elections  by  the  people  shall  be 

by  ballot. 

5.  Voters  to  be  privileged  from  ar- 

rest. 

ARTICLE  VII. 

Education  — The  Public  Free  Schools. 

1.  Free  schools  to  be  established 

and  maintained. 

2.  The  school  funds  and  lands. 

3.  What  revenues  are  to  be  de- 

voted to  school  funds. 

4.  Public  school  lands  may  be  sold 

under  certain  regulations. 

5.  The  fund  shall  be  a permanent 

one,  and  shall  not  be  dimin- 
ished. 

6.  All  lands  granted  to  counties 

for  educational  purposes  shall 
be  used  for  such  purposes. 

7.  Separate  schools  shall  be  pro- 

vided for  white  and  colored 
children. 

8.  The  board  of  education,  to  con- 

sist of  whom. 

9.  In  regard  to  asylums,  etc. 

10.  The  university  of  the  first  class 

to  be  established. 

11.  Permanent  university  fund  shall 

be  organized. 

12.  The  lands  pertaining  to  the 

same  shall  be  sold  under  cer- 
tain regulations. 

13.  The  agricultural  and  mechanical 

college  shall  be  a branch  of 
the  university. 

14.  A branch  of  the  university  shall 

be  established  for  the  instruc- 
tion of  colored  youths. 

15.  One  million  acres  of  unappro- 

priated public  land  shall  be 
set  apart  for  the  university. 

ARTICLE  VIII. 

Taxation  and  Revenue. 

1.  Taxation  shall  be  equal  and 

uniform. 

2.  Corporation  taxes  shall  be  equal 

and  uniform  upon  the  same 
class  of  subjects. 


CONSTITUTION  OF  TEXAS, 


463 


Section 

3.  Taxes  shall  be  levied  and  collect- 

ed by  general  law. 

4.  The  power  to  tax  corporations 

shall  not  be  surrendered. 

5.  All  property  of  railroad  com- 

panies within  the  limits  of  a 
city,  etc.,  shall  be  subject  to 
the  usual  municipal  taxation. 

6.  No  money  shall  be  drawn  from 

the  treasury,  but  by  appro- 
priation. 

7.  The  Legislature  may  not  borrow 

any  special  fund  that  ought  to 
come  into  the  treasury. 

8.  All  property  of  railroad  com- 

panies shall  be  assessed. 

9.  The  tax  for  the  benefit  of  the 

public  schools  shall  not  exceed 
thirty-five  cents  on  one  hun- 
dred dollars. 

10.  No  individual  or  corporation 

shall  be  released  from  the  pay- 
ment of  taxes  levied  for  the 
State  or  county. 

11.  How  the  taxes  of  non-residents 

shall  be  paid. 

12.  All  property  owned  by  residents 

of  unorganized  counties  shall 
be  taxed. 

13.  The  first  Legislature  shall  pro- 

vide for  the  speedy  sale  of  a 
sufficient  portion  of  all  lands, 
etc. 

14.  An  assessor  of  taxes.— His  term 

of  office  and  election. 

15.  Property  belonging  to  any  de- 

linquent tax  payer  shall  be 
liable  to  seizure. 

16.  The  sheriff  of  each  county  shall 

also  be  collector  of  taxes. 

17.  The  Legislature  shall  have  power 

to  require  other  subjects  or  ob- 
jects to  be  taxed. 

18.  The  Legislature  shall  provide  for 

equalizing  the  valuation  of  all 
property  subject  to  taxation. 

19.  Farm  products  in  the  hands  of 

the  producer,  and  family  sup- 
plies for  home  use  are  exempt 
from  taxation. 


ARTICLE  IX. 

Counties. 

Section 

1.  The  Legislature  shall  have  power 

to  create  counties  for  the  con- 
venience of  the  people,  subject 
to  the  following  provisions. 

2.  In  regard  to  the  movement  of 

county  seats. 

ARTICLE  X. 

Railroad. 

1.  In  regard  to  the  rights  of  rail- 

road corporations. 

2.  They  are  public  highways,  and 

railroad  companies  are  common 
carriers. 

3.  Every  railroad  doing  business  In 

the  State  shall  maintain  a pub- 
lic office  in  this  State. 

4.  The  rolling  stock  and  other  mov- 

able property  of  railroads  shall 
be  considered  personal  prop- 
erty. 

5.  No  railroad  shall  consolidate 

with'  any  parallel  or  competing 
line. 

6.  No  railroad  organized  under  the 

laws  of  this  State  shall  con- 
solidate with  any  foreign  cor- 
poration. 

7.  Street  railways  and  cities  and 

towns  must  get  the  consent  of 
the  local  authorities. 

8.  No  railroad  in  existence  at  the 

time  of  the  adoption  of  this 
constitution  shall  have  the 
benefit  of  future  legislation,  ex- 
cept. 

9.  In  regard  to  their  obligations  to 

build  a depot. 

ARTICLE  XI. 

Municipal  Corporations. 

1.  The  counties  of  the  State  are 

recognized  as  legal  sub-divi- 
sions of  the  same. 

2.  The  construction  of  public  build- 

ings shall  be  provided  by  gene- 
ral law. 

3.  No  sub-division  of  the  State  shall 

be  a stockholder  in  any  corpo- 
ration. 


4G4 


CONSTITUTION  OF  TEXAS. 


Section 

4.  Cities  and  towns  of  ten  thousand 

inhabitants  or  less  may  be 
chartered  alone  by  general  law. 

5.  Those  having  more  than  ten 

thousand  may  have  their  char- 
ters granted  by  special  act  of  j 
the  Legislature.  j 

6.  Counties,  cities  or  towns  are  au- 

thorized to  levy  and  assess 
taxes,  etc. 

7.  All  counties  and  cities  bordering 

on  the  Gulf  of  Mexico  may  col-  \ 
lect  taxes  for  the  construction  j 
of  sea  walls,  break-waters,  etc. 

8.  The  Legislature  may  aid  by  do- 

nation for  the  construction  of 
the  same. 

9.  Enumeration  of  property  to  be 

exempt  from  forced  sale  and 
taxation. 

10.  The  Legislature  may  constitute 
any  city  or  town  an  indepen- 
dant school  district.  ’ | 

ARTICLE  XII. 

Pi'imte  Corporatiom. 

1.  They  shall  not  be  created  except 

by  special  law.  ' 

2.  Private  corporations. — How  ere-  | 

ated.  ! 

8.  The  right  to  authorize  and  regu- 
late freights,  tolls,  fares,  etc., 
shall  never  be  relinquished  by 
the  State. 

4.  The  mode  of . procedure  by  the 
Attorney-General  and  district 
or  county  attorneys  shall  be 
provided  for  by  the  Legisla- 
ture. 

6.  Laws  granting  the  right  to  de- 
mand and  collect  freight,  fares, 
tolls,  etc.,  shall  be  subject  to 
amendment  or  repeal  by  the 
Legislature. 

6.  No  corporations  shall  issue  stocks 

or  bonds,  except  for  money  j 
paid. 

7.  Nothing  in  this  article  shall  be 

construed  to  effect  the  rights  j 
guaranteed  by  any  existing 
statute  of  this  State  or  the  re- 
public of  Texas. 


ARTICLE  XIII. 

Spanish  and  Mexican  Land  Titles.  >. 

Section 

1.  All  fines,  penalties,  etc.,  accru- 

ing to  the  Republic  and  Stato 
of  Texas  under  their  Constitu- 
tions shall  accrue  to  the  State 
under  this  Constitution. 

2.  In  regard  to  claim  of  title  or 

right  of  land  in  Texas  issued 
prior  to  the  13th  day  of  No- 
vember, 1835. 

3.  For  the  non-payment  of  taxes  on 

any  such  claim  it  shall  be  pre- 
sumed that  the  right  thereto 
has  reverted  to  the  State. 

4.  In  regard  to  the  failure  to  re- 

cord such  claim  of  title. 

5.  All  claims,  etc.,  declared  void  by 

the  Constitution  of  the  Repub- 
lic or  State  of  Texas  shall  re- 
main forever  void. 

6.  In  regard  to  forgers  of  land 

titles. 

7.  Sections  2,  3,  4 and  5 of  this  ar- 

ticle do  not  set  aside  or  repeal 
any  laws  of  the  Republic  or 
State  of  Texas. 

article  XIV. 

Public  Land  and  Public jOffice. 

1.  There  shall  be  one  general  land 

office  in  the  State,  which  shall 
be  at  the  seat  of  government. 

2.  All  land  certificates  barred  by 

section  4,  article  10,  of  the  Con- 
stitution of  1869,  are  hereby  re- 
vived. 

3.  No  lands  shall  be  granted  by  the 

State,  except  upon  the  follow- 
ing restrictions. 

4.  No  certificate  for  land  shall  be 

sold  except  to  actual  settlers. 

5.  In  regard  to  lands  heretofore  or 

hereafter  granted  to  railroad 
companies. 

6.  To  the  head  of  every  family 

without  a homestead  there 
shall  be  donated  160  acres  of 
public  lands  upon  conditions. 

7.  All  mines  and  minerals  are  re- 

leased to  the  owner  of  the  soil. 


CONSTITUTION  OF  TEXAS. 


465 


Section 

8.  In  regard  to  persons  holding  land 
granted  by  the  governments  of 
Spain  or  Mexico. 

ARTICLE  XV. 

Impeachment. 

1.  The  power  of  impeachment  shall 

be  vested  in  the  House  of  Rep- 
reseiatatives. 

2.  Impeachment  of  the  Governor. 

Lieutenant-Governor,  Attor- 
ney-General, etc.,  shall  be 
tried  by  the  Senate. 

3.  When  the  Senate  is  sitting  as  a 

court  of  impeachment,  the 
Senators  shall  be  on  oath  or 
affirmation. 

4.  Judgment  in  cases  of  impeach- 

ment shall  extend  only  to  re- 
moval from  office. 

6.  All  officers  against  whom  arti- 
cles of  impeachment  have  been 
preferred  shall  be  suspended 
from  the  duties  of  office,  etc. 

6.  Judge  of  a District  Court  may 

be  removed  for  misconduct, 
etc. 

7.  All  officers  of  the  State  may  be 

removed. 

8.  Judges  of  the  Supreme  and  Court 

of  Appeals  and  District  Courts 
may  be  removed  for  neglect  of 
duty,  etc. 

ARTICLE  XVI. 

Oeneral  Provisions 

1.  All  officers  shall  take  the  follow- 

ing oath, 

2.  Bribery,  perjury,  etc.,  shall  ex- 

clude from  office. 

3.  In  regard  to  those  committed  to 

the  county  jails. 

4.  Dueling  forbidden. 

5.  Bribery  disqualifies  from  holding 

office. 

6.  An  account  of  receipts  and  ex- 

penditures for  public  money 
shall  be  made  annually.  — No 
appropriations  shall  be  made 
for  private  or  indiviual  pur- 
poses. 


Section 

7.  The  Legislature  may  not  issue 

“ treasury  warrants,”  ‘‘  trea- 
sury notes,”  etc. 

8.  Each  county  shall  provide  for  a 

poorhouse. 

9.  Residence  not  forfeited  on  ac- 

count of  absence  from  the 
State  or  of  the  United  States. 

10.  Salaries  of  public  officers  may  be 

deducted  for  neglect  to  per- 
form any  duty. 

11.  Legal  rate  of  interest  ten  per 

cent. 

12.  Those  who  are  not  eligible  as 

members  of  the  Legislature. 

13.  Differences  may  be  decided  by 

arbitration. 

14.  All  civil  officers  shall  reside 

wdthin  the  State;  district  and 
county  officers  within  the  dis- 
trict or  county. 

15.  The  rights  of  the  wife  to  prop- 

erty. 

16.  No  corporate  body  shall  here- 

after be  created,  renewed  or 
extended  with  banking  or  dis- 
counting privileges. 

17.  All  officers  w'ithin  this  State 

shall  continue  to  perform  the 
duties  of  office  until  successors 
are  duly  qualified. 

18.  In  regard  to  the  rights  of  prop- 

erty and  of  action  which  have 
been  acquired  under  the  Con- 
stitution of  the  republic  and 
State. 

19.  The  Legislature  shall  prescribe 

the  qualification  of  grand  and 
petit  jurors. 

20.  In  regard  to  the  sale  of  intoxi- 

cating liquors. 

21.  Stationery  and  printing. 

22.  In  regard  to  fence  laws. 

23.  The  Legislature  may  pass  laws 

for  the  regulation  of  live  stock, 
etc. 

24.  Public  roads  and  bridges. 

25.  Drawbacks  and  rebatement  of 

insurance,  freight,  etc. 

26.  In  regard  to  the  responsibility  of 

a person,  corporation  or  com- 
pany committing  homicide 
through  gross  neglect. 


30 


466 


CONSTITUTION  OF  TEXAS. 


Section 

27.  Elections  to  fill  vacancies  shall 

be  for  the  unexpired  term 
only. 

28.  Current  wages  for  personal  ser- 

vice shall  never  be  subject  to 
garnishment. 

29.  Barra ty  toi  be  defined  and  pun- 

ished. 

30.  The  term  of  office  not  fixed  by 

this  Constitution  not  to  ex- 
ceed two  years. 

31.  Laws  prescribing  the  qualifica- 

tions of  practitioners  of  medi- 
cine. 

32.  A board  of  health  and  vital  sta- 

tistics. 

33.  The  accounting  officer  of  this 

State  may  pay  no  salary  to 
any  person  holding  any  other 
office  of  honor  or  profit  under 
this  State  or  the  United  States. 

34.  In  regard  to  the  leasing  of  land 

for  the  erection  of  forts,  etc., 
for  the  United  States. 

35.  Laws  shall  be  passed  to  protect 

laborers  on  public  buildings, 
etc.,  against  the  failure  of  con- 
tractors to  pay  their  wages 
when  due. 

36.  The  payment  of  leachers  of 

public  schools. 

37.  Mechanics,  artisans,  etc.,  shall 

have  a lien  upon  buildings  and 
articles  made  or  repaired  by 
them  for  the  value  of  their 
labor.  ; 

38.  The  office  of  commissioner  of  ' 

insurance,  statistics  and  his- 
tory may  be  provided  for. 

39.  The  memorials  of  the  history  of 

Texas  to  be  preserved. 

40.  No  person  may  hold  at  the  same 

time  more  than  one  civil  office,  I 
except  justices  of  the  peace  ' 
and  others  enumerated.  I 

41.  Bribery  shall  be  punished  as  | 

provided  by  laM^ 

42.  The  Legislature  may  establish 

an  inebriate  asylum. 

43.  No  man  or  set  of  men  shall  ever 

be  exempted  from  any  public  | 
duty  or  service  imposed  by 
general  law,  by  any  special  , 
law. 


Section 

44.  The  duties  and  election  of  the 

county  treasurer  and  county 
surveyor  shall  be  prescribed 
by  the  Legislature. 

45.  Records,  rolls  and  other  docu- 

ments shall  be  preserved  and 
cared  for. 

46.  The  Legislature  shall  provide  by 

law  for  organizing  and  dis- 
ciplining the  militia  of  the  State. 

47.  Any  person  who  conscientiously 

scruples  to  bear  arms  shall  not 
• be  compelled  to  do  so. 

48.  All  laws  and  parts  of  laws  now 

in  force  shall  remain  in  force 
until  they  expire  by  limitation. 

49.  The  Legislature  shall  have 

power,  and  it  shall  be  its  duty 
to  protect  by  law  property  of 
heads  of  families. 

50.  The  homestead  of  a family  shall 

be  protected  from  forced  sale 
for  the  payment  of  debts,  ex- 
cept for  the  purchase  money 
thereof. 

51.  The  homestead  not  in  a town  or 

city  shall  consist  of  not  more 
than  two  hundred  acres. 

52.  In  regard  to  the  disposition  of 

property  on  the  death  of  hus- 
band or  wife,  or  both. 

53.  That  no  inconvenience  may  arise 

from  the  adoption  of  this  Con- 
stitution, it  is  declared  that  all 
writs  and  process  shall  remain 
valid. 

54.  Indigent  lunatics  shall  be  cared 

for  at  the  expense  of  the  State. 

55.  Soldiers  of  the  Texas-Mexican 

war  may  be  pensioned. 

56.  Public  money  may  not  be  ap- 

propriated for  bringing  immi- 
grants into  the  State. 

57.  Three  millions  of  acres  of  the 

public  domain  are  set  apart 
for  the  purpose  of  erecting  a 
new  State  capitol  and  other 
public  buildings. 

ARTICLE  XVII. 

Mode  of  Amending  the  Constihiiion. 

1.  The  Legislature  may  propose 
amendments  to  the  Constitu- 
tion to  be  voted  upon  by  the 
qualified  electors. 


CONSTITUTION  OF  TEXAS. 


467 


PKEAMBLE. 

Humbly  invoking  the  blessings  of  Almighty  God,  the  people 
of  the  State  of  Texas  do  ordain  and  establish  this  Constitution. 

AKTICLE  I. 

Bill  of  Rights. 

That  the  general,  great,  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  established,  we 
declare: 

Section  1.  Texas  is  a free  and  independent  State,  subject 
only  to  the  Constitution  of  the  United  States;  and  the  mainte- 
nance of  our  free  institutions  and  the  perpetuity  of  the  Union 
depend  upon  the  preservation  of  the  right  of  local  self-govern- 
ment unimpaired  to  aU  the  States. 

Sec.  2.  All  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  instituted 
for  their  benefit.  The  faith  of  the  people  of  Texas  stands 
pledged  to  the  preservation  of  a republican  form  of  government, 
and,  subject  to  this  limitation  only,  they  have  at  all  times  the 
inalienable  right  to  alter,  reform  or  abolish  their  governjnent 
in  such  manner  as  they  may  think  expedient. 

Sec.  3.  All  free  men  when  they  form  a social  compact,  have 
equal  rights,  and  no  man  or  set  of  men,  is  entitled  to  exclusive 
separate  public  emoluments  or  ijrivileges,  but  in  consideration 
of  public  services. 

Sec.  4.  No  religious  test  shall  ever  be  required  as  a qualifi- 
cation of  religion,  and  no  preference  shall  ever  be  given  by  law 
to  any  one  to  be  excluded  from  holding  office  on  account  of  his 
religious  sentiments,  provided  he  ackowledge  the  existence  of  a 
Supreme  Being. 

Sec.  5.  No  person  shall  be  disqualified  to  give  evidence  in  any 
of  the  courts  of  this  State  on  account  of  his  religious  opinions, 
or  for  want  of  any  religious  belief,  but  all  oaths  or  affirmations 
shall  be  administered  in  the  mode  most  binding  upon  the  con- 
science, and  shall  be  taken  subject  to  the  pains  and  penalties  of 
perjury. 

Sec.  6.  All  men  have  a natural  and  indefeasible  right  to 
worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences.  No  man  shall  be  compelled  to  attend,  erect  or  sup- 
port any  place  of  worship,  or  to  maintain  any  ministry  against 
his  consent.  No  human  authority  ought,  in  any  case  whatever, 


468 


CONSTITUTION  OF  TEXAS. 


to  control  or  interfere  with  the  rights  of  conscience  in  matters 
of  religion,  and  no  preference  shall  ever  he  given  by  law  to  any 
religious  societies  or  mode  of  worship.  But  it  shall  be  the  duty  of 
the  Legislature  to  pass  such  laws  as  may  be  necessary  to  pro- 
tect equally  every  religious  denomination  in  the  peaceable  enjoy- 
ment of  its  own  mode  of  public  worship. 

Sec.  7.  No  money  shall  be  appropriated  or  drawm  from  the 
treasury  for  the  benefit  of  any  sect  or  religious  society,  theologi- 
cal or  religious  seminary;  nor  shall  property  belonging  to  the 
State  be  appropriated  for  any  such  purposes. 

Sec.  8.  Every  person  shall  be  at  liberty  to  speak,  write  or 
publish  his  opinions  on  any  subject,  being  responsible  for  the 
abuse  of  that  privilege;  and  no  law  shall  ever  be  passed  cur- 
tailing the  liberty  of  speech  or  of  the  press.  In  prosecutions  for 
the  publication  of  papers  investigating  the  conduct  of  officers 
or  men  in  public  capacity,  or  when  the  matter  published  is 
proper  for  public  information,  the  truth  thereof  may  be  given  in 
evidence.  And  in  all  indictments  for  libels  the  jury  shall  have 
the  right  to  determine  the  law  and  the  facts,  under  the  direc- 
tion of  the  court,  as  in  other  cases. 

Sec.  9.  The  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  from  all  unreasonable  seizures  or 
searches,  and  no  warrant  to  search  any  place,  or  to  seize  any 
person  or  thing,  shall  issue  without  describing  them  as  near  as 
may  be,  nor  without  probable  cause,  supported  by  oath  or 
affirmation. 

Sec.  10.  In  all  criminal  prosecutions  the  accused  shall  have 
a speedy  public  trial  by  an  impartial  jury.  He  shall  have  the 
right  to  demand  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a copy  thereof.  He  shall  not  be  compelled  to 
give  evidence  against  himself.  He  shall  have  the  right  of  being 
heard  by  himself  or  counsel  or  both;  shall  be  confronted  with 
the  witnesses  against  him,  and  shall  have  compulsory  process 
for  obtaining  witnesses  in  his  favor.  And  no  person  shall  be 
held  to  answer  for  a criminal  offense,  unless  on  indictment  of 
a grand  jury,  except  in  cases  in  whicli  the  punishment  is  by 
fine,  or  imprisonment  otherwise  than  in  the  penitentiary,  in 
cases  of  impeachment,  and  in  cases  arising  in  the  army  or  navy, 
or  in  the  militia,  when  in  actual  service  in  time  of  war  or 
public  danger. 


CONSTITUTION  OF  TEXAS. 


469 


Sec.  11.  All  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offenses  when  the  proof  is  evident;  but  this 
provision  shall  not  be  so  construed  as  to  prevent  bail  after 
indictment  found,  upon  examination  of  the  evidence  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  12.  The  writ  of  habeas  corpus  is  a writ  of  right,  and 
shall  never  be  suspended.  The  Legislature  shall  enact  laws  to 
render  the  remedy  speedy  and  effectual. 

Sec.  13.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  or  unusual  punishment  inflicted.  All 
courts  shall  be  open,  and  every  person  for  an  injury  done  him 
in  his  lands,  goods,  person  or  reputation  shaU  have  remedy  by 
due  course  of  law. 

Sec.  14.  No  person  for  the  same  offense,  shall  be  twice  put 
in  jeopardy  of  life  or  liberty;  nor  shall  a person  be  again  put 
upon  trial  for  the  same  offense  after  a verdict  of  not  guilty  in 
a court  of  competent  jurisdiction.  • 

Sec.  15.  The  right  of  trial  by  jury  shall  remain  inviolate. 
The  Legislature  shall  pass  such  laws  as  may  be  needed  to 
regulate  the  same,  and  to  maintain  its  purity  and  efficiency. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  retroactive 
law,  or  any  law  impairing  the  obligation  of  contracts,  shall  be 
made. 

Sec.  17.  No  person’s  property  shall  be  taken,  damaged  or 
destroyed  for  or  applied  to  public  use  without  adequate  com- 
pensation being  made,  unless  by  the  consent  of  such  person; 
and,  when  taken,  except  for  the  use  of  the  State,  such  com- 
pensation shall  be  first  made,  or  secured  by  a deposit  of  money; 
and  no  irrevocable  or  uncontrollable  grant  of  special  privileges 
or  immunities  shall  be  made;  but  all  privileges  and  franchises 
granted  by  the  legislature,  or  created  under  its  authority,  shall 
be  subject  to  the  control  thereof. 

Sec.  18.  No  person  shall  ever  be  imprisoned  for  debt. 

Sec.  19.  No  citizen  of  this  State  shall  be  deprived  of  life, 
liberty,  property,  privileges  or  immunities,  or  in  any  manner 
disfranchised,  except  by  the  due  course  of  the  law  of  the  land. 

Sec.  20.  No  citizen  shall  be  outlawed;  nor  shall  any  person 
be  transported  out  of  the  State  for  any  offense  committed 
within  the  same. 

Sec.  21.  No  conviction  shall  work  corruption  of  blood,  or  for- 
feiture of  estate;  and  the  estates  of  those  who  destroy  their 
own  lives  shall  descend  or  vest  as  in  case  of  natural  death. 


470 


CONSTITUTION  OF  TEXAS. 


Sec.  22.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  adhering  to  its  enemies,  giving  thhm  aid 
and  comfort;  and  no  person  shall  be  convicted  of  treason  except 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court. 

Sec.  28.  Every  citizen  shall  have  the  right  to  keep  and  bear 
arms  in  the  lawful  defense  of  himself  or  the  State;  but  the  leg- 
islature shall  have  power  by  law  to  regulate  the  w'earing  of  arms 
with  a view  to  prevent  crime. 

Sec.  24.  The  military  shall  at  all  times  be  subordinate  to 
the  civil  authority. 

Sec.  25.  No  soldier  shall  in  time  of  peace  be  quartered  in 
the  house  of  any  citizen  without  the  consent  of  the  owner,  nor 
in  time  of  war  but  in  a manner  prescribed  by  law. 

Sec.  26.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a free  government,  and  shall  never  be  allowed;  nor 
shall  the  law  of  primogeniture  or  entailments  ever  be  in  force 
in  this  State. 

Sec.  27.  The  citizens  shall  have  the  right,  in  a peaceable 
manner,  to  assemble  together  for  their  common  good,  and  apply 
to  those  invested  with  the  powers  of  government  for  redress 
of  grievances  or  other  purposes,  by  petition,  address  or  remon- 
strance. 

Sec.  28.  No  power  of  suspending  laws  in  this  State  shall  be 
exercised  except  by  the  Legislature. 

Sec.  29.  To  guard  against  transgressions  of  the  high  powers 
herein  delegated,  we  declare  that  everything  in  this  “Bill  of 
Eights’^  is  excepted  out  of  the  general  powers  of  government, 
and  shall  forever  remain  inviolate,  and  all  laws  contrary  thereto, 
or  to  the  following  provisions,  shall  be  void. 

AKTICLE  II. 

The  Po'wers  of  Government. 

Section  1.  The  powers  of  the  government  of  the  State  of 
Texas  shall  be  divided  into  three  distinct  departments,  each  of 
which  shall  be  confined  to  a separate  body  of  magistracy,  to  wit: 
Those  which  are  legislative  to  one,  those  which  are  executive  to 
another,  and  those  which  are  judicial  to  another;  and  no  person, 
or  collection  of  persons,  being  of  one  of  these  departments,  shall 
exercise  any  powers  properly  attached  to  either  of  the  others, 
except  in  the  instances  herein  expressly  permitted. 


CONSTITUTION  OF  TEXAS. 


471 


AKTICLE  III. 

Legislative  Department . 

Section  1.  The  legislative  power  of  this  State  shall  be  vested 
in  a Senate  and  House  of  Eepresentatives,  which  together  shall 
be  styled  “The  Legislature  of  the  State  of  Texas.’’ 

Sec.  2.  The  Senate  shall  consist  of  thirty-one  members,  and 
shall  never  be  increased  above  this  number.  The  House  of  Rep- 
resentatives shall  consist  of  ninety-three  members  until  the 
‘ first  apportionment  after  the  adoption  of  this  Constitution, 
when,  or  at  any  apportionmennt  thereafter,  the  number  of  repre- 
sentatives may  be  increased  by  the  Legislature,  upon  the  ratio  of 
not  more  than  one  representative  for  every  fifteen  thousand 
inhabitants  : Provided,  The  number  of  Representatives  shall 

never  exceed  one  hundred  and  fifty. 

Sec.  3.  The  Senators  shall  be  chosen  by  the  qualified  electors 
for  the  term  of  four  years;  but  a new  Senate  shall  be  chosen 
after  every  apportionment,  and  the  Senators  elected  after  each 
apportionment  shall  be  divided  by  lot  into  two  classes.  The 
seats  of  the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  first  two  years-  and  those  of  the  second  class 
at  the  expiration  of  four  years,  so  that  one-half  of  the  Senators 
shall  be  chosen  biennially  thereafter. 

Sec.  4.  The  members  of  the  House  of  Representatives  shall 
be  chosen  by  the  qualified  electors,  and  their  term  of  office  shall 
be  two  years  from  the  day  of  their  election. 

Sec.  5.  The  Legislature  shall  meet  every  two  years,  at  such 
time  as  may  be  provided  by  law,  and  at  other  times  when  con- 
vened by  the  Governor. 

Sec.  6.  No  person  shall  be  a Senator  unless  he  be  a citizen  of 
the  United  States,  and  at  the  time  of  his  election  a qualified 
elector  of  the  State,  and  shall  have  been  a resident  of  this  State 
five  years  next  preceding  his  election,  and  the  last  year  thereof  a 
resident  of  the  district  for  which  he  shall  be  chosen,  and  shall 
have  attained  the  age  of  twenty-six  years. 

Sec.  7.  No  person  shall  be  a Representative  unless  he  be  a 
citizen  of  the  United  States,  and  at  the  time  of  his  election  a 
qualified  elector  of  this  State,  and  shall  have  been  a resident 
of  this  State  two  years  next  preceding  his  election,  the  last  year 
thereof  a resident  of  the  district  for  which  he  shall  be  chosen,  and 
shall  have  attained  the  age  of  twenty-one  years. 


472 


CONSTITUTION  OF  TEXAS. 


Sec.  8.  Each  House  shall  be  the  judge  of  the  qualifications 
and  election  of  its  own  members;  but  contested  elections  shall 
be  determined  in  such  manner  as  shall  be  provided  by  law. 

Sec.  9.  The  Senate  shall,  at  the  beginning  and  close  of  each 
session,  and  at  such  other  times  as  may  be  necessary,  elect  one 
of  its  members  president  pro  tempore,  who  shall  perform  the 
duties  of  the  Lieutenant-Governor  in  any  case  of  absence  or  dis- 
ability of  that  officer,  and  whenever  the  said  office  of  Lieutenant- 
Governor  shall  be  vacant.  The  House  of  Representatives  shall, 
when  it  first  assembles,  organize  temporarily,  and  thereupon  pro- 
ceed to  the  election  of  a speaker  from  its  own  members;  and 
each  House  shall  choose  its  other  officers. 

Sec.  10.  Two-thirds  of  each  House  shall  constitute  a quorum 
to  do  business,  but  a smaller  number  may  adjourn  from  day  to 
day,  and  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may  provide. 

Sec.  11.  Each  House  may  determine  the  rules  of  its  own 
proceedings,  punish  members  for  disorderly  conduct,  and,  with 
the  consent  of  two-thirds,  expel  a member,  but  not  a second  time 
for  the  same  offense. 

Sec.  12.  Each  House  shall  keep  a journal  of  its  proceedings, 
and  publish  the  same;  and  the  yeas  and  nays  of  the  members 
of  either  House  on  any  question  shall,  at  the  desire  of  any  three 
members  present,  be  entered  on  the  journals. 

Sec.  18.  When  vacancies  occur  in  either  House,  the  Governor, 
or  the  person  exercising  the  power  of  the  Governor,  shall  issue 
writs  of  election  to  fill  such  vacancies;  and  should  the  Governor 
fail  to  issue  a writ  of  election  to  fiU  any  such  vacancy  within 
twenty  days  after  it  occurs,  the  returning  officer  of  the  district 
in  which  such  vacancy  may  have  happened  shall  be  authorized 
to  order  an  election  for  that  purpose. 

Sec.  14.  Senators  and  Representatives  shall,  except  in  cases 
of  treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the  Legislature,  and  in  going  to  and 
returning  from  the  same,  allowing  one  day  for  every  twenty 
miles  such  member  reside  from  the  place  at  which  the  Legisla- 
ture is  convened. 

Sec.  15.  Each  House  may  punish,  by  imprisonment,  during 
its  sessions,  any  person  not  a member,  for  disrespectful  or  dis- 
orderly conduct  in  its  presence,  or  for  obstructing  any  of  its  pro- 
ceedings; provided,  such  imprisonment  shall  not,  at  any  one 
time,  exceed  forty-eight  hours. 


CONSTITUTION  OF  TEXAS. 


473 


Sec.  16.  The  sessions  of  each  House  shall  be  open,  except  the 
Senate  when  in  executive  session. 

Sec.  17.  Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  dajs,  nor  to  any  other  place 
than  that  where  the  Legislature  may  be  sitting. 

Sec.  18.  No  Senator  or  Kepresentative  shall,  during  the 
term  for  which  he  may  be  elected,  be  eligible  to  any  civil  office 
of  profit  under  this  State  which  shall  have  been  created  or  the 
emoluments  of  wffiich  may  have  been  increased  during  such 
term;  no  member  of  either  House  shall,  during  the  term  for 
which  he  is  elected,  be  eligible  to  any  office  or  place,  the  appoint- 
ment to  which  may  be  made,  in  whole  or  in  part,  by  either 
branch  of  the  Legislature;  and  no  member  of  either  House  shall 
vote  for  any  other  member  for  any  office  whatever,  which  may  be 
filled  by  a vote  of  the  Legislature,  except  in  such  cases  as  are  in 
this  Constitution  provided.  Nor  shall  any  member  of  the  Leg- 
islature be  interested,  either  directly  or  indirectly,  in  any  con- 
tract with  the  State,  or  any  county  thereof,  authorized  by  any 
law  passed  during  the  term  for  which  he  shall  have  been  elected. 

Sec.  19.  No  Judge  of  any  court.  Secretary  of  State,  Attorney- 
General,  Clerk  of  any  Court  of  Eecord,  or  any  person  holding  a 
lucrative  office  under  the  United  States,  or  this  State,  or  any 
foreign  government,  shall,  during  the  term  for  which  he  is 
elected  or  appointed,  be  eligible  to  the  Legislature. 

Sec.  20.  No  person  who  at  any  time  may  have  been  a col- 
lector of  taxes,  or  who  may  have  been  otherwise  intrusted  with 
public  money,  shall  be  eligible  to  the  Legislature,  or  to  any 
office  of  profit  or  trust  under  the  State  Government,  until  he 
shall  have  obtained  a discharge  for  the  amount  of  such  collec- 
tions, or  for  all  public  moneys  with  wffiich  he  may  have  been 
intrusted.  | 

Sec.  21.  No  member  shall  be  questioned  in  any  other  place 
for  w’ords  spoken  in  debate  in  either  House. 

Sec.  22.  A member  wffio  has  a personal  or  private  interest 
in  any  measure  or  bill,  proposed  or  pending  before  the  Legisla- 
ture, shall  disclose  the  fact  to  the  House  of  wiiicli  he  is  a mem- 
ber, and  shall  not  vote  thereon. 

Sec.  23.  If  any  Senator  or  Kepresentative  remove  his  resi- 
dence from  the  district  or  county  for  which  he  w^as  elected,  his 
office  shall  thereby  become  vacant,  and  the  vacancy  shall  be 
filled  as  provided  in  section  13  of  this  article. 


474 


CONSTITUTION  OF  TEXAS. 


Sec.  24.  The  members  of  the  Legislature  shall  receive  from 
the  public  treasury  such  compensation  for  their  services  as  may 
from  time  to  time  be  provided  by  law,  not  exceeding  five  dollars 
per  day  for  the  first  sixty  days  of  each  session;  and  after  that 
not  exceeding  two  dollars  per  day  for  the  remainder  of  the  ses- 
sion; except  the  first  session  held  under  this  Constitution,  when 
they  may  receive  not  exceeding  five  dollars  per  day  for  the 
first  ninety  days,  and  after  that  noi  exceeding  two  dollars  per 
day  for  the  remainder  of  the  session.  In  addition  to  the  per 
diem,  the  members  of  each  House  shall  be  entitled  to  mileage 
in  going  to  and  returning  from  the  seat  of  government,  which 
mileage  shall  not  exceed  five  dollars  for  every  twenty-five  miles, 
the  distance  to  be  computed  by  the  nearest  and  most  direct 
route  of  travel  by  land  regardless  of  railways  or  water  routes; 

and  the  Comptroller  of  the  State  shall  prepare  and  preserve  a 

% 

table  of  distances  to  each  county  seat  now  or  hereafter  to  be 
established,  and  by  such  table  the  mileage  of  each  member  shall 
be  paid;  but  no  member  shall  be  entitled  to  mileage  for  any 
extra  session  that  may  be  called  within  one  day  after  the 
adjournment  of  a regular  or  called  session. 

Sec.  25.  The  State  shall  be  di\dded  into  Senatorial  districts 
of  contiguous  territory  according  to  the  number  of  qualified  elec- 
tors, as  nearly  as  may  be,  and  each  district  shall  be  entitled  to 
elect  one  Senator,  and  no  single  county  shall  be  entitled  to  more 
than  one  Senator. 

Sec.  26.  The  members  of  the  House  of  Kepresentatives  shall 
be  apportioned  among  the  several  counties,  according  to  the 
number  of  population  in  each,  as  nearly  as  may  be,  on  a ratio 
obtained  by  dividing  the  population  of  the  State,  as  ascertained 
by  the  most  recent  United  States  census,  by  the  number  of  mem- 
bers of  which  the  House  is  composed:  Provided,  That  when- 

ever a single  county  has  sufficient  population  to  be  entitled  to 
a representative,  such  county  shall  be  formed  into  a separate 
Kepresentative  district,  and  when  two  or  more  counties  are 
required  to  make  up  the  ratio  of  representation,  such  counties 
shall  be  contiguous  to  each  other;  and  when  an}^  one  county 
has  more  than  sufficient  population  to  be  entitled  to  one  or  more 
representatives,  such  representative  or  representatives  shall  be 
apportioned  to  such  county,  and  for  any  surplus  of  population 
it  may  be  joined  in  a representative  district  with  any  other  con- 
tiguous county  or  counties. 


COXSTITUTION  OF  TEXAS. 


475 


Sec.  27.  Elections  'for  Senators  and  Kepresentatives  shall 
be  general  throughout  the  State,  and  shall  be  regulated  by  law. 

Sec.  28.  The  Legislature  shall,  at  its  first  session  after  the 
publication  of  each  United  States  decennial  census,  apportion 
the  State  into  senatorial  and  representative  districts,  agreeably 
to  the  provisions  of  sections  25  and  26  of  this  article;  and  until 
the  next  decennial  census,  when  the  first  apportionment  shall 
be  made  by  the  Legislature,  the  State  shall  be  and  it  is  hereby 
dhdded  into  senatorial  and  representative  districts  as  provided 
by  an  ordinance  of  the  Convention  on  that  subject. 

Proceedings. 

Sec.  29.  The  enacting  clause  of  all  laws  shall  be,  “Be  it 
enacted  by  the  Legislature  of  the  State  of  Texas.” 

Sec.  30.  Xo  law^  shall  be  passed  except  by  bill,  and  no  bill 
shall  be  so  amended  in  its  passage  through  either  House  as  to 
change  its  original  purpose. 

Sec.  31.  Bills  may  originate  in  either  House,  and  wUen 
passed  by  such  House  may  be  amended,  altered  or  rejected  by 
the  other. 

Sec.  32.  Xo  bill  shall  have  the  force  of  a law^  until  it  has  been 
read  on  three  several  days  in  each  House,  and  free  discussion 
allow’ed  thereon;  but  in  cases  of  imperative  public  necessity 
(which  necessity  shall  be  stated  in  a preamble,  or  in  the  body  of 
the  biH),  four-fifths  of  the  House  in  which  the  bill  may  be  pend- 
ing may  suspend  this  rule,  the  yeas  and  nays  being  taken  on 
the  question  of  suspension,  and  entered  upon  the  journals. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Eepresentatives,  but  the  Senate  may  amend  or  reject 
them  as  other  bills. 

Sec.  34.  After  a bill  has  been  considered  and  defeated  by 
either  house  of  the  Legislature,  no  bill  containing  the  same  sub- 
stance shall  be  passed  into  a law^  during  the  same  session. 
After  a resolution  has  been  acted  on  and  defeated,  no  resolution 
containing  the  same  substance  shall  be  considered  at  the  same 
session. 

Sec.  35.  Xo  bill  (except  general  appropriation  bills,  wUich 
may  embrace  the  various  subjects  and  accounts  for  and  on 
account  of  wUich  moneys  are  appropriated)  shall  contain  more 
than  one  subject,  wUich  shall  be  expressed  in  its  title.  But  if 


476 


CONSTITUTION  OF  TEXAS. 


any  subject  shall  be  embraced  in  an  act  which  shall  not  be 
expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  so  expressed. 

Sec.  36.  No  law  shall  be  revived  or  amended  by  reference 
to  its  title;  but  in  such  case  the  act  revived  or  the  section  or 
sections  amended  shall  be  re-enacted  and  published  at  length. 

Sec.  37.  No  bill  shall  be  considered,  unless  it  has  been  first 
referred  to  a committee  and  reported  thereon;  and  no  bill  shall 
be  passed  which  has  not  been  presented  and  referred  to  and 
reported  from  a committee  at  least  three  days  before  the  final 
adjournment  of  the  Legislature. 

Sec.  38.  The  presiding  officer  of  each  house  shall,  in  the  pres- 
ence of  the  house  over  which  he  presides,  sign  all  bills  and  joint 
resolutions  passed  by  the  Legislature,  after  their  titles  have 
been  publicly  read  before  signing,  and  the  fact  of  signing  shall 
be  entered  on  the  journals. 

Sec.  39.  No  law  passed  by  the  Legislature,  except  the  gen- 
eral appropriation  act,  shall  tahe  effect  or  go  into  force  until 
ninety  days  after  the  adjournment  of  the  session  at  which  it  was 
enacted,  unless,  in  case  of  an  emergency,  which  emergency  must 
be  expressed  in  a preamble  or  in  the  body  of  the  act,  the  Legis- 
lature shall,  by  a vote  of  two-thirds  of  all  the  members  elected 
to  each  house,  otherwi^se  direct;  said  vote  to  be  taken  by  yeas 
and  nays,  and  entered  upon  the  journals. 

Sec.  40.  When  the  Legislature  shall  be  convened  in  special 
session,  there  shall  be  no  legislation  upon  subjects  other  than 
those  designated  in  the  proclamation  of  the  Governor  calling 
such  session,  or  presented  to  them  by  the  Governor;  and  no 
such  session  shall  be  of  longer  duration  than  thirty  days. 

Sec.  41.  In  all  elections  by  the  Senate  and  House  of  Eep- 
resentatives,  jointly  or  separately,  the  vote  shall  be  given  viva 
voce,  except  in  the  election  of  their  officers. 

Requirements  and  Limitations. 

Sec.  42.  The  Legislature  shall  pass  such  laws  as  may  be  neces- 
sary to  carry  into  elTect  the  provisions  of  this  Constitution. 

Sec.  43.  The  first  session  of  the  Legislature  under  this  Con- 
stitution shall  provide  for  revising,  digesting  and  publishing 
the  laws,  civil  and  criminal;  and  a like  revision,  digest  and  publi- 
cation may  be  made  every  ten  years  thereafter:  Provided, 


CONSTITUTION  OF  TEXAS. 


477 


TKat  in  the  adoption  of  and  giving  effect  to  any  such  digest  or 
revision,  the  Legislature  shall  not  be  limited  by  sections  35  and 
36  of  this  article. 

Sec.  44.  The  Legislature  shall  provide  by  law  for  the  compen- 
sation of  all  officers,  servants,  agents  and  public  contractors, 
not  provided  for  in  this  Constitution,  but  shall  not  grant  extra 
compensation  to  any  officer,  agent,  servant  or  public  contractors, 
after  such  public  service  shall  have  been  performed  or  contract 
entered  into  for  the  performance  of  the  same ; nor  grant,  by  appro- 
priation or  otherwise,  any  amount  of  money  out  of  the  treasury 
of  the  State,  to  any  individual  on  a claim,  real  or  pretended, 
when  the  same  shall  not  have  been  provided  for  by  pre-existing 
law;  nor  employ  anyone  in  the  name  of’  the  State  unless 
authorized  by  pre-existing  law. 

Sec.  45.  The  power  to  change  the  venue  in  civil  and  criminal 
cases  shall  be  vested  in  the  courts,  to  be  exercised  in  such  man- 
ner as  shall  be  provided  by  law;  and  the  Legislature  shall  pass 
laws  for  that  purpose. 

Sec.  46.  The  Legislature  shall,  at  its  first  session  after  the 
adoption  of  this  Constitution,  enact  effective  vagrant  laws. 

Sec.  47.  The  Legislature  shall  pass  laws  prohibiting  the 
establishment  of  lotteries  and  gift  enterprises  in  this  State,  as 
weU  as  the  sale  of  tickets  in  lotteries,  gift  enterprises  or  other 
evasions  involving  the  lottery  principle,  established  or  existing 
in  other  States. 

Sec.  48.  The  Legislature  shall  not  have  the  right  to  levy 
taxes  or  impose  burdens  upon  the  people,  except  to  raise  revenue 
sufficient  for  the  economical  administration  of  the  government, 
in  which  may  be  included  the  following  purposes: 

The  payment  of  all  interest  upon  the  bonded  debt  of  the 
State; 

The  erection  and  repairs  of  public  buildings; 

The  benefit  of  the  sinking  fund,  which  shall  not  be  more  than 
two  per  centum  of  the  public  debt;  and  for  the  payment  of  the 
present  floating  debt  of  the  State,  including  matured  bonds 
for  the  payment  of  which  the  sinking  fund  is  inadequate; 

The  support  of  public  schools,  in  which  shall  be  included  col- 
leges and  universities  established  by  the  State;  and  the  mainte- 
nance and  support  of  the  Agricultural  and  Mechanical  College 
of  Texas; 


478 


CONSTITUTION  OF  TEXAS. 


The  payment  of  the  cost  of  assessing  and  collecting  the  rev- 
enue; and  the  payment  of  all  officers,  agents  and  employes  of 
the  State  government,  and  all  incidental  expenses  connected 
therewith ; 

The  support  of  the  blind  asylum,  the  deaf  and  dumb  asylum, 
and  the  insane  asylum,  the  State  cemetery  and  the  public 
grounds  of  the  State; 

The  enforcement  of  quarantine  regulations  on  the  coast  of 
Texas; 

The  protection  of  the  frontier. 

Sec.  49.  No  debt  shall  be  created  by  or  on  behalf  of  the 
State,  except  to  supply  casual  deficiencies  of  revenue,  repel 
invasion,  suppress  insurrection,  defend  the  State  in  war,  or  pay 
existing  debt;  and  the  debt  created  to  supply  deficiencies  in 
the  revenue  shall  never  exceed  in  the  aggregate  at  any  one  time 
two  hundrd  thousand  dollars. 

Sec.  50.  The  Legislature  shall  have  no  power  to  give  or  to 
lend,  or  to  authorize  the  giving  or  lending,  of  the  credit  of  the 
State  in  aid  of,  or  to  any  person,  association  or  corporation, 
whether  municipal  or  other;  or  to  pledge  the  credit  of  the  State, 
in  any  manner  whatsoever,  for  the  payment  of  the  liabilities, 
present  or  prospective,  of  any  individual,  association  of  indi- 
viduals, municipal  or  other  corporation  whatsoever. 

Sec.  51.  The  Legislature  shall  have  no  power  to  make  any 
grant,  or  authorize  the  making  of  any  grant,  of  public  money  to 
any  individual,  association  of  individuals,  municipal  or  other 
corporation  whatsoever:  Provided,  that  this  shall  not  be  so 

construed  as  to  prevent  the  grant  of  aid  in  case  of  public 
calamity. 

Sec.  52.  The  Legislature  shall  have  no  power  to  authorize 
any  county,  city,  town,  or  other  political  corporation  or  sub- 
division of  the  State,  to  lend  its  credit  or  to  grant  public  money 
or  thing  of  value,  in  aid  of  or  to  any  individual,  association  or 
corporation  whatsoever;  or  to  become  a stockholder  in  such 
corporation,  association  or  company. 

Sec.  58.  The  Legislature  shall  have  no  power  to  grant,  or 
to  authorize  any  county  or  municipal  authority  to  grant,  any 
extra  compensation,  fee  or  allowance  to  a public  officer,  agent, 
servant  or  contractor,  after  service  has  been  rendered,  or  a con- 
tract has  been  entered  into,  and  performed  in  whole  or  in  part; 


CONSTITUTION  OF  TEXAS. 


479 


nor  pay,  nor  authorize  the  payment  of,  any  claim  created  against 
any  county  or  municipality  of  the  State,  under  any  agreement 
or  contract  made  without  authority  of  law. 

Sec.  54.  The  Legislature  shall  have  no  power  to  release  or 
alienate  any  lien  held  by  the  State  upon  any  railroad,  or  in  any- 
wise change  the  tenor  or  meaning  or  pass  any  act  explanatory 
thereof;  but  the  same  shall  be  enforced  in  accordance  with  the 
original  terms  upon  which  it  was  acquired. 

Sec.  55.  The  Legislature  shall  have  no  power  to  release  or 
extinguish,  or  to  authorize  the  releasing  or  extinguishing,  in 
whole  or  in  part,  the  indebtedness,  liabilitj^  or  obligation  of  any 
corporation  or  individual  to  this  State,  or  to  any  county,  or  other 
municipal  corporation  therein. 

Sec.  56.  The  Legislature  shall  not,  except  as  otherwise  pro- 
vided in  this  Constitution,  pass  any  local  or  special  law, 
authorizing — 

The  creation,  extention  or  impairing  of  liens; 

Eegulating  the  affairs  of  counties,  cities,  towns,  wards  or 
school  districts; 

Changing  the  names  of  persons  or  places; 

Changing  the  venue  in  civil  or  criminal  cases; 

Authorizing  the  laying  out,  opening,  altering  or  maintaining 
of  roads,  highways,  streets  or  alleys; 

Kelating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge 
companies,  except  for  the  erection  of  bridges  crossing  streams 
which  form  boundaries  betvreen  this  and  any  other  State; 

Vacating  roads,  town  plats,  streets  or  alleys; 

Kelating  to  cemeteries,  graveyards,  or  public  grounds  not  of 
the  State; 

Authorizing  the  adoption  or  legitimation  of  children; 

Locating  or  changing  county  seats; 

Incorporating  cities,  |towns  or  villages,  or  changing  their 
charters ; 

For  the  opening  and  conducting  of  elections,  or  fixing  or 
changing  the  places  of  voting; 

Granting  divorces; 

Creating  offices,  or  prescilbing  the  powers  and  duties  of 
officers,  in  counties,  cities,  towns,  election  or  school  districts; 

Changing  the  law  of  descent  or  succession; 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the 
rules  of  evidence  in  any  judicial  proceeding  or  inquiry  before 


480 


CONSTITUTION  OF  TEXAS. 


courts,  justices  of  the  peace,  sheriffs,  commissioners,  arbitrators 
or  other  tribunals,  or  providing  or  changing  methods  for  the  col- 
lection of  debts,  or  the  enforcing  of  judgments,  or  prescribing 
the  effect  of  judicial  sales  of  real  estate; 

Regulating  the  fees,  or  extending  the  powers  and  duties  of 
aldermen,  justices  of  the  peace,  magistrates  or  constables; 

Regulating  the  management  of  public  schools,  the  building  or 
repairing  of  school  houses,  and  the  raising  of  money  for  such 
purposes ; 

Fixing  the  rate  of  interest; 

Affecting  the  estates  of  minors,  or  persons  under  disability; 

Remitting  fines,  penalties  and  forfeitures,  and  refunding 
moneys  legally  paid  into  the  treasury; 

Exempting  property  from  taxation; 

Regulating  labor,  trade,  mining  and  manufacturing; 

Declaring  any  named  person  of  age; 

Extending  the  time  for  the  assessment  or  collection  of  taxes, 
or  otherwise  relieving  any  assessor  or  collector  of  taxes  from  the 
due  performance  of  his  official  duties,  or  his  securities  from 
liability ; 

Giving  effect  to  informal  or  invalid  wills  or  deeds; 

Summoning  or  impaneling  grand  or  petit  juries; 

For  limitation  of  civil  or  criminal  actions; 

For  incorporating  railroads  or  other  works  of  internal 
improvements;  . 

And  in  all  other  cases  where  a general  law  can  be  made  appli- 
cable, no  local  or  special  Inw  shall  be  enacted:  Provided,  That 

nothing  herein  contained  shall  be  construed  to  prohibit  the  Leg- 
islature from  passing  special  laws  for  the  preservation  of  the 
game  and  fish  of  this  State  in  certain  localities. 

Sec.  57.  No  local  or  special  law  shall  be  passed  unless  notice 
of  the  intention  to  apply  therefor  shall  have  been  published 
in  the  locality  where  the  matter  or  thing  to  be  affected  may  be 
situated,  which  notice  shall  state  the  substance  of  the  contem- 
plated law,  and  shall  be  published  at  least  thirty  days  prior  to 
the  introduction  into  the  legislature  of  such  bill  and  in  the  man- 
ner to  be  provi^’ed  by  law.  The  evidence  of  such  notice  having 
been  published  shall  be  exhibited  in  the  Legislature  before  such 
act  shall  be  passed. 

Sec.  58.  The  Legislature  shall  hold  its  sessions  at  the  city 
of  Austin,  which  is  hereby  declared  to  be  the  seat  of  government. 


CONSTITUTION  OF  TEXAS. 


481 


ARTICLE  IV. 

Executive  Departmen t. 

Section  1.  Tbe  executive  department  of  the  State  shall  con- 
sist of  a Governor,  who  shall  he  the  chief  executive  officer  of 
the  State,  a Lieutenant-Governor,  Secretary  of  State,  Comp- 
troller of  Public  Accounts,  Treasurer,  Commissioner  of  the  Gen- 
eral Land  Office,  and  Attorney-General. 

Sec.  2.  All  the  above  officers  of  the  executive  department 
(except  Secretary  of  State)  shall  be  elected  by  the  qualified 
voters  of  the  State  at  the  time  and  places  of  election  for  mem- 
bers of  the  Legislature. 

Sec.  3.  The  returns  of  every  election  for  said  executive  officers, 
until  otherwise  provided  by  law,  shall  be  made  out,  sealed 
up,  and  transmitted,  by  the  returning  officers  prescribed  by  law, 
to  the  seat  of  government,  directed  to  the  Secretaiy  of  State, 
who  shall  deliver  the  same  to  the  speaker  of  the  House  of  Rep* 
resentatives,  as  soon  as  the  speaker  shall  be  chosen;  and  the 
said  speaker  shall,  during  the  first  week  of  the  session  of  the 
Legislature,  open  and  publish  them  in  the  presence  of  both 
houses  of  the  Legislature.  The  person  voted  for  at  said  election 
having  the  highest  number  of  votes  for  each  of  said  offices  res- 
pectively, and  being  constitutionally  eligible,  shall  be  declared  by 
the  speaker,  under  sanction  of  the  Legislature,  to  be  elected  to 
said  office.  But  if  two  or  more  persons  shall  have  the  highest 
and  an  equal  number  of  votes  for  either  of  said  offices,  one  of 
them  shall  be  immediately  chosen  to  such  office  by  joint  vote  of 
both  houses  of  the  Legislature.  Contested  elections  for  either  of 
said  offices  shall  be  determined  by  both  houses  of  the  Legisla* 
ture  in  joint  session. 

Sec.  4.  The  Governor  shall  be  installed  on  the  first  Tuesday 
after  the  organization  of  the  Legislature,  or  as  soon  thereafter 
as  practicable,  and  shall  hold  his  office  for  the  term  of  two  years, 
or  until  his  successor  shall  be  duly  installed.  He  shall  be  at 
least  thirty  years  of  age,  a citizen  of  the  United  States,  and 
shall  have  resided  in  this  State  at  least  five  years  immediately 
preceding  his  election. 

Sec.  5.  He  shall,  at  stated  times,  receive  as  compensation  for 
his  services  an  annual  salary  of  four  thousand  dollars,  and  no 
more,  and  shall  have  the  use  and  occupation  of  the  Governor’s 
mansion,  fixtures  and  furniture. 

31 


482 


CONSTITUTION  OF  TEXAS. 


Sec.  G.  During  the  time  he  holds  the  office  of  Governor  he 
shall  not  hold  any  other  office,  civil,  military  or  corporate;  nor 
shall  he  practice  any  profession,  and  receive  compensation, 
reward,  fee,  or  the  promise  thereof,  for  the  same;  nor  receive  any 
salary,  reward  or  compensation,  or  the  promise  thereof,  from 
any  person  or  corporation,  for  any  service  rendered  or  performed 
during  the  time  he  is  Governor,  or  to  he  thereafter  rendered  or 
performed. 

Sec.  7.  He  shall  he  commander-in-chief  of  the  military  forces 
of  the  State,  except  when  they  are  called  into  actual  service  of 
the  United  States.  He  shall  have  power  to  call  forth  the  militia 
to  execute  the  laws  of  the  State,  to  sui)press  insurrection, 
repel  invasion,  and  protect  the  frontier  from  hostile  incursions 
hy  Indians  or  other  predatory  hands. 

Sec.  8.  The  Governor  may,  on  extraordinary  occasions,  con- 
vene the  Legislature  at  the  seat  of  government,  or  at  a different 
place  in  case  that  should  he  in  possession  of  the  public  enemy, 
or  in  case  of  the  prevalence  of  disease  thereat.  His  proclama- 
tion therefor  shall  state  specifically  the  purpose  for  which  the 
Legislature  is  convened. 

Sec.  9.  The  Governor  shall,  at  the  commencement  of  each 
session  of  the  Legislature,  and  at  the  close  of  his  term  of  office, 
give  to  the  Legislature  information,  hy  message,  of  the  condition 
of  the  State;  and  he  shall  recommend  to  the  Legislature  such 
measures  as  he  may  deem  expedient.  He  shall  account  to  the 
Legislature  for  all  public  moneys  received  and  paid  out  hy  him 
from  any  funds  subject  to  his  order,  with  vouchers;  and  shall 
accompany  his  message  with  a statement  of  the  same.  And 
at  the  commencement  of  each  regular  session  he  shall  present 
estimates  of  the  amount  of  money  required  to  be  raised  hy  taxa- 
tion for  all  purposes. 

Sec.  10.  He  shall  (^ause  the  laws  to  be  faithfully  executed; 
and  shall  conduct,  in  person,  or  in  such  manner  as  shall  he  pre- 
scribed by  law,  all  intercourse  and  business  of  the  States  with 
other  States  and  with  the  United  States. 

Sec.  11.  In  all  criminal  cases,  except  treason  and  impeach- 
ment, he  shall  have  power  after  conviction,  to  grant  reprieves, 
commutations  of  punishment,  and  pardons;  and  under  such 
rules  as  the  Legislature  may  prescribe,  he  shall  have  power  to 
remit  fines  and  forfeitures.  With  the  advice  and  consent  of  the 
Senate,  he  may  grant  pardons  in  cases  of  treason,  and  to  this 


CONSTITUTION  OF  TEXAS. 


483 


end  h(‘  may  respite  a sentence  therefor,  until  the  close  of  the  suc- 
ceeding session  of  the  Legislature:  Provided,  That  in  all  cases 

of  remissions  of  fines  and  forfeitures,  or  grants  of  reprieve, 
commutation  of  punishment  or  pardon,  he  shall  file  in  the  oflice 
of  the  Secretary  of  State  his  reasons  therefor. 

Sec.  12.  All  vacancies  in  State  or  district  offices,  except 
members  of  the  Legislature,  shall  be  filled,  unless  otherwise  pro- 
vided by  law,  by  appointment  of  the  Governor,  which  appoint- 
ment, if  made  during  its  session,  shall  be  with  the  advice  and 
consent  of  two-thirds  of  the  Senate  present.  If  made  during  the 
recess  of  the  Senate,  the  said  appointee,  or  some  other  person  to 
fill  such  A'acancy,  shall  be  nominated  to  the  Senate  during  the 
first  ten  days  of  its  session.  If  rejected,  said  office  shall  immedi- 
ately become  vacant,  and  the  GoA^ernor  shall,  without  delay, 
make  further  nominations,  until  a confirmation  takes  place. 
But  should  there  be  no  confirmation  during  the  session  of  the 
Senate,  the  Governor  shall  not  thereafter  appoint  any  person 
to  fill  such  Amcancy  Avho  has  been  rejected  by  the  Senate;  but 
may  appoint  some  other  person  to  fill  the  vacancy  until  the  next 
session  of  the  Senate,  or  until  the  regular  election  to  said  office, 
should  it  sooner  occur.  Appointments  to  A^acancies  in  offices 
elective  by  the  people  shall  only  continue  until  the  first  general 
election  thereafter. 

Sec.  13.  During  the  session  of  the  Legislature  the  GoA^ernor 
sliall  reside  where  its  sessions  are  held,  and  at  all  other  times  at 
tlie  seat  of  goA'ernment,  except  when  by  act  of  the  legislature 
he  may  be  required  or  authorized  to  reside  elsewhere. 

Sec.  14.  EA’ery  bill  which  shall  liaA^e  passed  both  houses  of 
the  Legislature  shall  be  presented  to  the  GoA^ernor  for  his 
approAval.  If  he  approA^e,  he  shall  sign  it;  but  if  he  disapproA^e 
it.  he  shall  return  it,  Avith  his  objections,  to  the  house  in  which  it 
originated,  Avhich  house  sliall  enter  the  objections  at  large  upon 
its  journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, tAvo-thirds  of  the  members  present  agree  to  pass  the 
bill,  it  shall  be  sent,  Avith  the  objections,  to  the  other  house,  by 
which  likeAvise  it  shall  be  reconsidered;  and  if  approved  by 
two-thirds  of  the  members  of  that  house,  it  shall  become  a law; 
but  in  such  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  A^oting  for  and 
against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respect Aely.  If  any  bill  shall  not  be  returned  by  the  Governor 


484 


CONSTITUTION  OF  TEXAS. 


with  his  objections  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a law  in  like 
manner  as  if  he  had  signed  it,  unless  the  Legislature,  by  its 
adjournment,  prevent  its  return ; in  which  case  it  shall  be  a law 
unless  he  shall  hie  the  same,  with  his  objections,  in  the  office  of 
the  Secretary  of  State,  and  give  notice  thereof  by  public  procla- 
mation within  twenty  days  after  such  adjournment.  If  any  bdl 
presented  to  the  Governor  contains  several  items  of  appropria- 
tion, he  may  object  to  one  or  more  of  such  items,  and  approve 
the  other  portion  of  the  bill.  In  such  case  he  shall  append  to 
the  bill,  at  the  time  of  signing  it,  a statement  of  the  items  to 
which  he  objects,  and  no  item  so  objected  to  shall  take  effect. 
If  the  Legislature  be  in  session,  he  shall  transmit  to  the  house 
in  which  the  bill  originated  a copy  of  such  statement,  and  the 
items  objected  to  shall  be  separately  considered.  If,  on  recon- 
sideration, one  or  more  of  such  items  be  approved  by  two-thirds 
of  the  members  present  of  each  house,  the  same  shall  be  part 
of  the  law  notwithstanding  the  objections  of  the  Governor.  If 
any  such  bill,  containing  several  items  of  appropriation,  not  hav- 
ing been  presented  to  the  Governor  ten  days  (Sunday  excepted) 
prior  to  adjournment,  be  in  the  hands  of  the  Governor  at  the 
time  of  adjournment,  he  shall  have  twenty  days  from  such 
adjournment  within  which  to  file  objections  to  any  items  thereof, 
and  make  proclamation  of  the  same,  and  such  item  or  items 
shall  not  take  effect. 

Sec.  15.  Every  order,  resolution  or  vote  to  which  the  con- 
currence of  both  houses  of  the  Legislature  may  be  necessary, 
except  on  questions  of  adjournment,  shall  be  presented  to  the 
Governor,  and,  before  it  shall  take  effect,  shall  be  approved  by 
him;  or,  being  disapproved,  shall  be  repassed  by  both  houses; 
and  all  the  rules,  provisions  and  limitations  shall  apply  thereto 
as  prescribed  in  the  last  preceding  section  in  the  case  of  a bill. 

Sec.  16.  There  shall  also  be  a Lieutenant-Governor,  wffio  shall 
be  chosen  at  every  election  for  Governor,  by  the  same  electors, 
in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  The  electors  shall  distinguish 
for  whom  they  vote  as  Governor  and  for  wffiom  as  Lieutenant- 
Governor.  The  Lieutenant-Governor  shall,  by  virtue  of  his  office, 
be  president  of  the  Senate,  and  shall  have,  wffien  in  committee 
of  the  whole,  a right  to  debate  and  vote  on  aU  questions;  and 
when  the  Senate  is  equally  divided,  to  give  the  casting  vote. 


CONSTITUTION  OF  TEXAS. 


485 


In  case  of  the  death,  resignation,  removal  from  office,  inability 
or  refusal  of  the  Grovernor  to  serve,  or  of  his  impeachment  or 
absence  from  the  State,  the  Lieutenant-Governor  shall  exercise 
the  powers  and  authority  appertaining  to  the  office  of  Governor 
until  another  be  chosen  at  the  periodical  election,  and  be  duly 
qualified;  or  until  the  Governor  impeached,  absent  or  disabled, 
shall  be  acquitted,  return,  or  his  disability  be  removed. 

Sec.  17.  If,  during  the  vacancy  in  the  office  of  Governor,  the 
Lieutenant-Governor  should  die,  resign,  refuse  to  serve,  or  be 
removed  from  office,  or  be  unable  to  serve,  or  if  he  shall  be 
impeached  or  absent  from  the  State,  the  president  of  the  Senate, 
for  the  time  being,  shall,  in  like  manner,  administer  the  govern- 
ment until  he  shall  be  superseded  by  a Governor  or  Lieutenant- 
Governor.  The  Lieutenant-Governor  shall,  while  he  acts  as 
president  of  the  Senate,  receive  for  his  services  the  same  com- 
pensation and  mileage  which  shall  be  allowed  to  the  members 
of  the  Senate,  and  no  more;  and  during  the  time  he  administers 
the  government  as  Governor,  he  shall  receive  in  like  manner 
the  same  compensation  which  the  governor  would  have  received 
had  he  been  employed  in  the  duties  of  his  office,  and  no  more. 
The  president,  for  the  time  being,  of  the  Senate,  shall,  during 
the  time  he  administers  the  government,  receive  in  like  manner 
the  same  compensation  which  the  Governor  would  have  received 
had  he  been  employed  in  the  duties  of  his  office. 

Sec.  18.  The  Lieutenant-Governor  or  President  of  the  Senate 
succeeding  to  the  office  of  Governor,  shall,  during  the  entire 
term  to  which  he  may  succeed,  be  under  all  the  restrictions  and 
inhibitions  imposed  in  this  Constitution  on  the  Governor. 

Sec.  19.  There  shall  be  a seal  of  the  State,  wffiich  shall  be 
kept  by  the  Secretary  of  State,  and  used  by  him  officially  under 
the  direction  of  the  Governor.  The  seal  of  the  State  shall  be 
a star  of  five  points,  encircled  by  olive  and  live  oak  branches, 
and  the  words  “The  State  of  Texas.’^ 

Sec.  20.  All  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  Texas,  sealed  with  the  State  seal, 
signed  by  the  Governor,  and  attested  by  the  Secretary  of  State. 

Sec.  21.  There  shall  be  a Secretary  of  State,  who  shall  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  and  who  shall  continue  in  office  during  the  term 
of  service  of  the  Governor.  He  shall  authenticate  the  publica- 
tion of  the  laws,  and  keep  a fair  register  of  all  official  acts  and 


486 


CONSTITUTION  OF  TEXAS. 


proceedings  of  the  Governor,  and  shall,  when  required,  lay  the 
same,  and  all  papers,  minutes  and  vouchers  relative  thereto, 
before  the  Legislature  or  either  House  thereof,  and  shall  per- 
form such  other  duties  as  may  be  required  of  him  by  law.  He 
shall  receive  for  his  services  an  annual  salary  of  two  thousand 
dollars,  and  no  more. 

Sec.  22.  The  Attorney-General  shall  hold  his  office  for  two 
years  and  until  his  successor  is  duly  qualified.  He  shall  repre- 
sent the  State  in  all  suits  and  pleas  in  the  Supreme  Court  of 
the  State  in  which  the  State  may  be  a party,  and  shall  especially 
inquire  into  the  charter  rights  of  all  private  corporations,  and, 
from  time  to  time,  in  the  name  of  the  State,  take  such  action  in 
the  courts  as  may  be  proper  and  necessary  to  prevent  any  pri- 
vate corporation  from  exercising  any  power,  or  demanding  or 
collecting  any  species  of  taxes,  toll,  freight  or  wharfage  not 
authorized  by  law.  He  shall,  whenever  sufficient  cause  exists, 
seek  a judicial  forfeiture  of  such  charters,  unless  otherwise 
expressly  directed  by  law,  and  give  legal  advice  in  writing  to 
the  Governor  and  other  executive  officers,  when  requested  by 
them,  and  perform  such  other,  duties  as  may  be  required  by  law. 
He  shall  reside  at  the  seat  of  government  during  his  continu- 
ance in  office.  He  shall  receive  for  his  services  an  annual  salary 
of  two  thousand  dollars,  and  no  more,  besides  such  fees  as  may 
be  prescribed  by  law:  Provided,  That  the  fees  which  he  may 
receive  shall  not  amount  to  more  than  two  thousand  dollars 
annually. 

Sec.  23.  The  Comptroller  of  Public  Accounts,  the  Treasurer, 
and  the  Commissioner  of  the  General  Land  Office,  shall  each 
hold  office  for  the  term  of  two  years,  and  until  his  successor  is 
qualified;  receive  an  annual  salary  of  two  thousand  and  five 
hundred  dollars,  and  no  more;  reside  at  the  capital  of  the  State 
during  his  continuance  in  office;  and  perform  such  duties  as 
are  or  may  be  required  of  him  by  law.  They  and  the  Secretary 
of  State  shall  not  receive  to  their  own  use  any  fees,  costs  or  per- 
quisites of  office.  All  fees  that  may  be  payable  by  law  for  any 
service  performed  by  any  officer  specified  in  this  section,  or  in 
his  office,  shall  be  paid,  when  receUed,  into  the  State  treasury. 

Sec.  24.  An  account  shall  be  kept  by  the  officers  of  the  exec- 
utive department,  and  by  all  officers  and  managers  of  State 
institutions,  of  all  moneys  and  choses  in  action  received  and 
disbursed  or  otherwise  disposed  of  b}^  them,  severally,  from  all 


CONSTITUTION  OF  TEXAS. 


487 


sources,  and  for  every  service  performed;  and  a semi-annual 
report  thereof  shall  he  made  to  the  Governor  under  oath.  The 
Governor  may  at  any  time  require  information  in  writing  from 
any  and  all  of  said  officers  or  managers,  upon  any  subject  relat- 
ing to  the  duties,  condition,  management  and  expenses  of  their 
respective  offices  and  institutions,  which  information  shall  be 
required  by  the  Governor  under  oath,  and  the  Governor  may 
also  inspect  their  boohs,  accounts,  vouchers  and  public  funds; 
and  any  officer  or  manager  who  at  any  time  shall  willfully  make 
a false  report  or  give  false  information,  shall  be  guilty  of  per- 
jury, and  so  adjudged  and  punished  accordingly,  and  removed 
from  office. 

Sec.  25.  The  Legislature  shall  pass  efficient  laws  facilitating 
the  investigation  of  breaches  of  trust  and  duty  by  all  custodians 
of  public  funds,  and  providing  for  their  suspension  from  office  on 
reasonable  cause  shown,  and  for  the  appointment  of  temporary 
incumbents  of  their  offices  during  such  suspension. 

Sec.  2G.  The  Governor,  by  and  with  the  advice  and  consent 
of  two-thirds  of  the  Senate,  shall  appoint  a convenient  number 
of  notaries  public  for  each  county,  Avho  shall  perform  such  duties 
as  now  are  or  may  be  prescribed  by  law. 

AKTICLE  V. 

Judicial  Department. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested 
in  one  Supreme  Court,  in  courts  of  civil  appeals,  in  a court  of 
criminal  appeals,  in  District  Courts,  in  County  Courts,  in  Com- 
missioners’ Courts,  in  courts  of  justices  of  the  peace,  and  in 
such  other  courts  as  may  be  provided  by  law.  The  Criminal 
District  Court  of  Galveston  and  Harris  counties  shall  continue 
with  the  district,  jurisdiction,  and  organization  now  existing 
by  law  until  otherwise  provided  by  hiAv.  The  Legislature  may 
establish  such  other  courts  as  it  may  deem  necessary,  and  pre- 
scribe the  jurisdiction  and  organization  thereof,  and  may  con- 
form the  jurisdiction  of  the  district  and  other  inferior  courts 
thereto. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a chief  justice 
and  two  associate  justices,  any  two  of  whom  shall  constitute 
a quorum,  and  the  concui'rence  of  two  judges  shall  be  neces- 
sary to  the  decision  of  a case.  No  person  shall  be  eligible  to  the 
office  of  chief  justice  or  associate  justice  of  the  Supreme  Court 


488 


CONSTITUTION  OF  TEXAS. 


unless  he  be,  at  the  time  of  his  election,  a citizen  of  the  United 
States  and  of  this  State,  and  unless  he  shall  have  attained  the 
age  of  thirty  years,  and  shall  have  been  a practicing  lawyer  or 
a judge  of  a court,  or  such  lawyer  and  judge  together,  at  least 
seven  years.  Said  chief  justice  and  associate  justices  shall  be 
elected  by  the  qualified  voters  of  the  State  at  a general  election, 
shall  hold  their  offices  six  years  or  until  their  successors  are 
elected  and  qualified,  and  shall  each  receive  an  annual  salary  of 
four  thousand  dollars  until  otherwise  provided  by  law.  In  case 
of  a vacancy  in  the  office  of  chief  justice  of  the  Supreme  Court, 
the  Governor  shall  fill  the  vacancy  until  the  next  general  elec- 
tion for  State  officers,  and  at  such  general  election  the  vacancy 
for  the  unexpired  term  shall  be  filled  by  election  by  the  qualified 
voters  of  the  State.  The  judges  of  the  Supreme  Court  who  may 
be  in  office  at  the  time  this  amendment  takes  effect,  shall 
continue  in  office  until  the  expiration  of  their  term  of  office 
under  the  present  Constitution,  and  until  their  successors  are 
elected  and  qualified. 

Sec.  3.  The  Supreme  Court  shall  have  appellate  jurisdiction 
only,  except  as  herein  specified,  which  shall  be  co-extensive  with 
the  limits  of  the  State.  Its  appellate  jurisdiction  shall  extend 
to  questions  of  law  arising  in  cases  of  which  the  courts  of  civil 
appeals  have  appellate  jurisdiction,  under  such  restrictions  and 
regulations  as  the  Legislature  may  prescribe.  Until  otherwise 
provided  by  law,  the  appellate  jurisdiction  of  the  Supreme  Court 
shall  extend  to  questions  of  law  arising  in  the  cases  in  the 
courts  of  civil  appeals  iji  which  the  judges  of  any  court  of  civil 
appeals  may  disagree,  or  v here  the  several  courts  of  civil  appeals 
may  hold  differently  on  the  same  question  of  law^,  or  where  a 
statute  of  the  State  is  held  void.  The  Supreme  Court  and  the 
justices  thereof  shall  liave  power  to  issue  writs  of  habeas  corpus 
as  may  be  prescribed  by  law,  and  under  such  regulations  as  may 
be  prescribed  by  law  the  said  courts  and  the  justices  thereof 
may  issue  the  writs  of  mandamus,  procedendo,  certiorari,  and 
such  other  writs  as  may  be  necessary  to  enforce  its  jurisdiction. 
The  Legislature  may  confer  original  jurisdiction  on  the  Supreme 
Court  to  issue  writs  of  quo  warranto  and  mandamus  in  such 
cases  as  may  be  specified,  except  as  against  the  Governor  of  the 
State.  The  Supreme  Court  shall  also  have  power,  upon  affidavit 
or  otherwise  as  by  the  court  may  be  determined,  to  ascertain 
such  matters  of  fact  as  may  be  necessary  to  the  proper  exercise 


CONSTITUTION  OF  TEXAS. 


489 


of  its  jurisdiction.  The  Supreme  Court  shall  sit  for  the  trans- 
action of  business  from  the  first  Monday  in  October  of  each  year 
until  the  last  Saturdaj"  of  June  in  the  next  year,  inclusive,  at 
the  capital  of  the  State.  The  Supreme  Court  shall  appoint  a 
clerk,  who  shall  give  bond  in  such  manner  as  is  now  or  may 
hereafter  be  required  by  law,  and  he  may  hold  his  office  for 
four  years,  and  shall  be  subject  to  removal  by  said  court  for 
good  cause,  entered  of  record  on  the  minutes  of  said  court,  who 
shall  receive  such  compensation  as  the  Legislature  ma}*  provide. 

Sec.  4.  The  Court  of  Criminal  Appeals  shall  consist  of  three 
judges,  any  two  of  whom  shall  constitute  a quorum,  and  the 
concurrence  of  two  judges  shall  be  necessary  to  a decision  of 
said  court;  said  judges  shall  have  the  same  qualifications  and 
receive  the  same  salaries  as  the  judges  of  the  Supreme  Court. 
They  shall  be  elected  by  the  qualified  voters  of  the  State  at  a 
general  election,  and  shall  hold  their  offices  for  a term  of  six 
years.  In  case  of  a vacancy  in  the  office  of  a judge  of  the  Court 
of  Criminal  Appeals,  the  Governor  shall  fill  such  vacancy  by 
appointment  for  the  unexpired  term.  The  judges  of  the  Court 
of  Appeals  who  may  be  in  office  at  the  time  when  this  amend- 
ment takes  effect,  shall  continue  in  office  until  the  expiration 
of  their  term  of  office  under  the  present  Constitution  and  laws 
as  judges  of  the  Couiff.  of  Criminal  Appeals. 

Sec.  5.  The  Court  of  Criminal  Appeals  shall  have  appellate 
jurisdiction  co  extensive  with  the  limits  of  the  State  in  all  crim- 
inal cases  of  whatever  grade,  with  such  exceptions  and  under 
such  regulations  as  may  be  prescribed  by  law.  The  Court  of 
Criminal  Appeals  and  the  judges  thereof  shall  have  the  power 
to  issue  the  writ  of  habeas  corpus,  and,  under  such  regulations 
as  may  be  prescribed  by  law,  issue  such  w^its  as  may  be  neces- 
sary to  enforce  its  owui  jurisdiction.  The  Court  of  Criminal 
Appeals  shall  have  power,  upon  affidavit  or  otherwise,  to  ascer- 
tain such  matters  of  fact  as  may  be  necessary  to  the  exercise 
of  its  jurisdiction.  The  Court  of  Criminal  Appeals  shall  sit  for 
the  transaction  of  business  from  the  first  Monday  in  October 
to  the  last  Saturday  of  June  in  each  year,  at  the  State  capital 
and  two  other  places  (or  the  capital  city)  if  the  Legislature  shall 
hereafter  so  provide.  The  Court  of  Criminal  Appeals  shall 
appoint  a clerk  for  each  place  at  which  it  may  sit,  and  each 
clerk  shall  give  bond  in  such  manner  as  is  now  or  may  here- 


490 


CONSTITUTION  OF  TEXAS. 


«af1er  be  required  by  law,  and  who  shall  hold  his  office  for  four 
years  unless  sooner  removed  by  the  court  for  good  cause,  entered 
of  record  on  the  minutes  of  said  court. 

Sec.  G.  The  Legislature  shall,  as  soon  as  practicable  after 
the  adoption  of  this  amendment,  divide  the  State  into  not  less 
than  two  nor  more  than  three  supreme  judicial  districts,  and 
thereafter  into  such  additional  districts  as  the  increase  in  popu- 
lation and  business  may  require,  and  shall  establish  a Court  of 
Civil  Appeals  in  each  of  said  districts,  wdiich  shall  consist  of  a 
chief  justice  and  two  associate  justices,  wdio  shall  have  the 
qualifications  as  herein  prescribed  for  justices  of  the  Supreme 
Court.  Said  Court  of  Civil  Appeals  shall  have  appellate  juris- 
diction co-extensive  wdth  the  limits  of  their  respective  districts, 
w'hich  shall  extend  to  all  civil  cases  of  wdiich  the  District  Courts 
or  County  Courts  have  original  or  appellate  jurisdiction,  under 
such  restrictions  and  regulations  as  may  be  prescribed  by  law^: 
Provided,  That  the  decision  of  said  courts  shall  be  conclusive 
on  all  questions  of  fact  brought  before  them  on  appeal  or  error. 
Each  of  said  courts  of  civil  appeals  shall  hold  its  sessions  at  a 
place  in  its  district  to  be  designated  by  the  Legislature,  and 
at  such  time  as  may  be  pi'escribed  by  law.  Said  justices  shall 
be  elected  by  the  qualifi<Ml  voters  of  their  respective  districts, 
at  a general  election,  for  a term  of  six  years,  and  shall  receive 
for  their  services  the  sum  of  three  thousand  five  hundred  dol- 
lars per  annum  until  otherwise  provided  by  law’.  Said  courts 
shall  have  such  other  jurisdiction,  original  and  appellate,  as 
may  be  prescribed  by  law’.  Each  Court  of  Civil  Appeals  shall 
appoint  a clerk,  in  the  same  manner  as  the  clerk  of  the  Supreme 
Court,  which  cleru  shall  receive  such  compensation  as  may  be 
fixed  by  daw’.  Until  the  organization  of  the  Courts  of  Civil 
Appeals  and  Ci'iminal  Appeals,  as  herein  provided  for,  the 
jurisdiction,  power,  and  organization  and  location  of  the 
Supreme  Court,  the  Court  of  Appeals,  and  the  commission  of 
appeals  shall  continue  as  they  were  before  the  adoption  of  this 
amendment.  All  civil  cases  which  may  be  pending  in  the 
Court  of  Appeals  shall,  as  soon  as  practicable  after  the  organi- 
zation of  the  Courts  of  Civil  Appeals,  be  ceilified  to  and  the 
records  theremf  transmitted  to  the  proper  Courts  of  Civil 
Appeals,  to  be  decided  by  said  courts.  At  the  first  session  of 
the  Sui)i'ome  Court,  the  Court  of  Criminal  Ap]>eals,  and  such  of 
the  Courts  of  Civil  A])])eals  which  may  be  hereafter  created 


CONSTITUTION  OF  TEXAS. 


491 


under  this  article  after  the  first  election  of  the  judges  of  such 
courts  under  this  amendment,  the  terms  of  office  of  the  judges 
of  each  court  shall  be  divided  into  three  classes,  and  the  jus- 
tices thereof  shall  draw  for  the  different  classes.  Those  who 
shall  draw  class  No.  1 shall  hold  their  offices  U\o  years,  those 
drawing  class  No.  2 shall  hold  their  offices  for  four  years,  and 
those  who  may  draw  class  No.  3 shall  hold  their  offices  for  six 
years  from  the  date  of  their  election  and  until  their  successors 
are  elected  and  qualified;  and  thereafter  each  of  the  said  judges 
shall  hold  his  office  for  six  years,  as  in'oyided  in  this  Consti- 
tution. 

Sec.  7.  The  State  shall  be  divided  into  as  many  judicial  dis- 
tricts as  may  now  or  hereafter  be  provided  by  law,  which  may 
be  increased  or  diminished  by  law.  For  each  district  there 
shall  be  elected  by  the  qualified  voters  thereof,  at  a general 
election,  a judge,  who  shall  be  a citizen  of  the  United  States 
and  of  this  State,  who  shall  have  been  a practicing  lawyer  of 
this  State  or  a judge  of  a court  in  this  State  for  four  years  next 
preceding  his  election;  who  shall  have  resided  in  the  district  in 
which  he  was  elected  for  two  years  next  preceding  his  election; 
who  shall  reside  in  his  district  during  his  term  of  office;  who 
shall  hold  his  office  for  the  period  of  four  years,  and  shall  receive 
for  his  services  an  annual  salary  of  two  thousand  five  hundred 
dollars,  until  otherwise  changed  by  law.  He  shall  hold  the  regu- 
lar terms  of  his  court  at  the  county  seat  of  each  county  in  his 
district  at  least  twice  in  each  year,  in  such  manner  as  may  be 
prescribed  by  law.  The  Legislature  sliall  have  power  by  general 
or  special  laws  to  authorize  the  holding  of  special  terms  of  the 
court,  or  the  holding  of  more  than  two  terms  in  any  county  for 
the  dispatch  of  business.  The  LegiHature  shall  also  'provide  for 
the  holding  of  District  Court  when  the  judge  thereof  is  absent, 
or  is  from  any  cause  disabled  or  disqualified  from  presiding. 
The  district  judges  who  may  be  in  office  Avhen  this  amendment 
takes  effect  shall  hold  their  offices  until  their  respective  terms 
shall  expire  under  their  present  election  or  appointment. 

Sec.  8.  The  District  Court  shall  liaA^e  original  jurisdiction  in 
all  criminal  cases  of  the  grade  of  felony;  in  all  suits  in  behalf 
of  the  State  to  recover  penalties,  forfeitures,  and  escheats;  of 
all  cases  of  divorce;  of  all  misdemeanors  iiiAmlving  official  mis- 
conduct; of  all  suits  to  recover  damages  for  slander  or  defama- 
tion of  character;  of  all  suits  for  trial  of  title  to  land  and  for 


492 


CONSTITUTION  OF  TEXAS. 


the  enforcement  of  liens  thereon;  of  aU  suits  for  the  trial  of  the 
right  of  property  levied  upon  by  virtue  of  any  writ  of  execu- 
tion, sequestration,  or  attachment  when  the  property  levied  on 
shall  be  equal  to  or  exceed  in  value  five  hundred  dollars;  of  all 
suits,  complaints,  or  pleas  whatever,  without  regard  to  any  dis- 
tinction between  law  and  equity,  when  the  matter  in  contro- 
versy shall  be  valued  at  or  amount  to  five  hundred  dollars  exclu- 
sive of  interest;  of  contested  elections;  and  said  court  and  the 
judges  thereof  shall  have  power  to  issue  writs  of  habeas  corpus, 
mandamus,  injunction,  and  certiorari,  and  all  writs  necessary 
to  enforce  their  jurisdiction.  The  District  Court  shall  have 
appellate  jurisdiction  and  general  control  in  probate  matters 
over  the  County  Court  established  in  each  county,  for  appointing 
guardians,  granting  letters  testamentary  and  of  'administra- 
tion, probating  wills,  for  settling  the  accounts  of  executors, 
administrators,  and  guardians,  and  for  the  transaction  of  all 
business  appertaining  to  estates;  and  original  jurisdiction  and 
general  control  over  executors,  administrators,  guardians,  and 
minors,  under  such  regulations  as  may  be  prescribed  by  law.  The 
District  Court  shall  have  appellate  jurisdiction  and  general 
supervisory  control  over  the  County  Commissioners’  Court,  with 
such  exceptions  and  under  such  regulations  as  may  be  prescribed 
by  law^;  and  shall  have  general  original  jurisdiction  over  all 
causes  of  action  whatever  for  which  a remedy  or  jurisdiction 
is  not  provided  by  law  or  this  Constitution,  and  such  other  juris- 
diction, original  and  appellate,  as  may  be  provided  by  law. 

Sec.  9.  There  shall  be  a clerk  for  the  District  Court  of  each 
county,  who  shall  be  elected  by  the  qualified  voters  for  the  State 
and  county  officers,  and  who  shall  hold  his  office  for  two  years, 
subject  to  removal  by  inforniation,  or  by  indictment  of  a grand 
jury,  and  conviction  by  a petit  jury.  In  case  of  vacancy  the 
judge  of  the  District  Court  shall  have  the  power  to  appoint  a 
clerk,  who  shall  hold  until  the  office  can  be  filled  by  election. 

Sec.  10.  In  the  trial  of  all  causes  in  the  District  Courts,  the 
plaintiff  or  defendant  shall,  upon  application  made  in  open 
court,  have  the  right  of  trial  by  jury;  but  no  jury  shall  be 
impaneled  in  any  civil  case  unless  demanded  by  a party  to 
the  case,  and  a jury  fee  be  paid  by  the  party  demanding  a jury, 
for  such  sum  and  with  such  exceptions  as  may  be  prescribed  by 
the  Legislature. 


CONSTITUTION  OF  TEXAS. 


493 


Sec.  11.  No  judge  shall  sit  in  anv  case  wherein  he  may  he 
interested,  or  when  either  of  the  parties  may  he  connected  with 
him  either  hy  affinity  or  consanguinity,  within  such  a degree  as 
may  he  prescribed  hy  law,  or  when  he  shall  have  heen  counsel 
in  the  case.  When  the  Supreme  Court,  the  Court  of  Criminal 
Appeals,  the  Court  of  Civil  Appeals,  or  any  member  of  either, 
shall  be  thus  disqualified  to  hear  and  determine  any  case  or 
cases  in  said  court,  the  same  shall  he  certified  to  the  Governor 
of  the  State,  who  shall  immediately  commission  the  requisite 
number  of  persons  learned  in  the  law,  for  the  trial  and  deter- 
mination of  such  cause  or  causes.  When  a judge  of  the  District 
Court  is  disqualified  by  any  of  the  causes  above  stated,  the 
parties  may,  by  consent,  appoint  a proper  person  to  try  said 
case;  or,  upon  their  failing  to  do  so,  a competent  person  may  be 
appointed  to  try  the  same  in  the  county  where  it  is  pending, 
in  such  manner  as  may  be  prescribed  by  law.  And  the  district 
judges  may  exchange  districts,  or  hold  courts  for  each  other 
when  they  may  deem  it  expedient,  and  shall  do  so  when  required 
by  law.  This  disqualification  of  judges  of  inferior  tribunals 
shall  be  remedied,  and  vacancies  in  their  offices  filled,  as  may 
be  prescribed  by  law. 

Sec.  12.  All  judges  of  courts  of  this  State  (shall),  by  virtue 
of  their  office,  be  conservators  of  the  peace  throughout  the  State. 
The  style  of  all  writs  and  process  shall  be,  ^‘The  State  of  Texas.’^ 
All  prosecutions  shall  be  carried  on  in  the  name  and  by  author- 
ity of  the  State  of  Texas,  and  shall  conclude  ^‘against  the  peace 
and  dignity  of  the  State.’^ 

Sec.  13.  Grand  and  petit  juries  in  the  District  Courts  shall 
be  composed  of  twelve  men;  but  nine  members  of  a grand  jury 
shall  be  a quorum  to  transact  business  and  present  bills.  In 
trials  of  civil  cases,  and  in  trials  of  criminal  cases  below  the 
grade  of  felony  in  the  District  Courts,  nine  members  of  the  jury, 
concurring,  may  render  a verdict,  but  when  the  verdict  shall 
be  rendered  by  less  than  the  whole  number,  it  shall  be  signed 
by  every  member  of  the  jury  concurring  in  it.  When,  pending 
the  trial  of  any  case,  one  or  more  jurors,  not  exceeding  three, 
may  die,  or  be  disabled  from  sitting,  the  remainder  of  the  jury 
shall  have  the  power  to  render  the  verdict:  Provided,  That  the 
Legislature  may  change  or  modify  the  rule  authorizing  less 
than  the  whole  number  of  the  jury  to  render  a verdict. 


494 


CONSTITUTION  OF  TEXAS. 


Sec.  14.  The  judicial  districts  in  this  State  and  the  time  of 
holding  the  courts  therein  are  fixed  by  ordinance  forming  part 
of  this  Constitution  until  otherwise  provided  by  law. 

Sec.  15.  There  shall  be  established  in  each  county  in  this 
Slate  a County  Court,  which  shall  be  a court  of  record;  and 
there  shall  be  elected  in  each  county  by  the  qualified  voters,  a 
county  judge,  who  shall  be  weU  informed  in  the  law  of  the 
State,  shall  be  a conservator  of  the  peace,  and  shaU  hold  his 
office  for  two  years  and  until  his  successor  shall  be  elected  and 
qualified.  He  shall  receive  as  a compensation  for  his  services 
such  fees  and  perquisites  as  may  be  prescribed  by  law. 

Sec.  16.  The  County  Court  shall  have  original  jurisdiction 
of  all  misdemeanors  of  which  exclusive  original  jurisdiction  is 
not  given  to  the  Justice's  Court  as  the  same  is  now  or  may 
hereafter  be  prescribed  by  law,  and  when  the  fine  to  be  imposed 
shall  exceed  |200;  and  they  shall  have  exclusive  jurisdiction  in 
ail  civil  cases  when  the  matter  in  controversy  shall  exceed  in 
value  |200  and  not  exceed  |500,  exclusive  of  interest;  and  con- 
current jurisdiction  with  the  District  Court  when  the  matter 
in  controversy  shall  exceed  |500  and  not  exceed  |1,000,  exclusive 
of  interest,  but  shall  not  have  jurisdiction  of  suits  for  the  recov- 
ery of  land.  They  shall  have  appellate  jurisdiction  in  cases 
civil  and  criminal  of  which  Justices’  Courts  have  original  juris- 
diction, but  of  such  civil  cases  only  when  the  judgment  of  the 
court  appealed  from  shall  exceed  twenty  dollars,  exclusive  of 
cost,  under  such  regulations  may  be  prescribed  by  law.  In  all 
appeals  from  justice’s  Court  there  shall  be  a trial  de  novo  in  the 
County  Court,  and  appeals  may  be  prosecuted  from  the  final 
judgment  rendered  in  such  cases  by  the  County  Court,  as  well 
as  all  cases  civil  and  criminal  of  which  the  County  Court  has 
exclusive  or  concurrent  or  original  jurisdiction  of  civil  appeals 
in  civil  cases  to  the  Court  of  Civil  Appeals  and  in  such  criminal 
cases  to  the  Court  of  Criminal  Appeals,  with  such  exceptions 
and  under  such  regulations  as  may  be  prescribed  by  law.  The 
County  Court  shall  have  the  general  jurisdiction  of  a Probate 
Court;  they  shall  probate  wills,  appoint  guardians  of  minors, 
idiots,  lunatics,  persons  non  compos  mentis,  and  common  drunk- 
ards; grant  letters  testamentary  and  of  administration;  settle 
accounts  of  executors;  transact  all  business  appertaining  to 
deceased  persons,  minors,  idiots,  lunatics,  persons  non  compos 
mentis,  and  common  drunkards,  including  the  settlement,  par- 


CONSTITUTION  OF  TEXAS. 


495 


tition,  and  distribution  of  estates  of  deceased  persons;  and  to 
apprentice  minors,  as  provided  by  law;  and  the  County  Court 
or  judge  thereof  shall  have  power  to  issue  writs  of  injunction, 
mandamus,  and  all  writs  necessary  to  the  enforcement  of  the 
jurisdiction  of  said  Court,  and  to  issue  writs  of  habeas  corpus 
in  cases  where  the  offense  charged  is  within  the  jurisdiction  of 
the  County  Court  or  any  other  court  or  tribunal  inferior  to  said 
court.  The  County  Court  shall  not  have  criminal  jurisdiction 
in  any  county  where  there  is  a criminal  District  Court  unless 
expressly  conferred  by  law;  and  in  such  counties  appeals  from 
Justices’  Courts  and  other  inferior  courts  and  tribunals  in  ciim- 
inal  cases  shall  be  to  the  criminal  District  Court,  under  such  regu- 
lations as  may  be  prescribed  by  law,  and  in  all  such  cases  an 
appeal  shall  lie  from  such  District  Court  to  the  Court  of  Crim- 
inal Appeals.  When  the  judge  of  the  County  Court  is  dis- 
qualified in  any  case  pending  in  the  County  Court  the  i)arties 
interested  may  by  consent  appoint  a proper  person  to  try  said 
case,  or  upon  their  failing  to  do  so,  a competent  person  may  be 
appointed  to  try  the  same  in  the  county  where  it  is  pending,  in 
such  manner  as  may  be  prescribed  by  law. 

Sec.  17.  The  County  Court  shall  hold  a term  for  civil  busi- 
ness at  least  once  in  every  two  months,  and  shall  dispose  of  pro- 
bate business,  either  in  term  time  or  vacation,  as  may  be  pro- 
vided by  law,  and  sai'd  court  shall  hold  a term  for  criminal  busi- 
ness once  in  every  month,  as  may  be  provided  by  law.  Prose- 
cutions may  be  commenced  in  said  court  by  information  filed  by 
the  county  attorney,  or  by  affidavit,  as  may  be  provided  by  law. 
Grand  juries  impaneled  in  the  District  Courts  shall  inquire 
into  misdemeanors,  apd  all  indictments  therefor  returned  into 
the  District  Courts  shall  forthwith  be  certified  to  the  County 
Courts,  or  other  inferior  courts  having  jurisdiction  to  try  them, 
for  trial;  and  if  such  indictment  be  quashed  in  the  county,  or 
other  inferior  courts,  the  person  charged  shall  not  be  discharged 
if  there  is  probable  cause  of  guilt,  but  may  be  held  by  such 
court  or  magistrate  to  answer  an  information  or  affidavit.  A 
jury  in  the  County  Court  shall  consist  of  six  men;  but  no  jury 
shall  be  impaneled  to  try  a civil  case,  unless  demanded  by  one 
of  the  parties,  who  shall  pay  such  jury  fee  therefor,  in  advance, 
as  may  be  prescribed  by  law,  unless  he  makes  affidavit  that  he 
is  unable  to  pay  the  same. 


49G 


CONSTITUTION  OF  TEXAS. 


Sec.  18.  Each  organized  county  in  the  State,  now  or  here- 
after existing,  shall  he  divided  from  time  to  time,  for  the  con- 
venience of  the  people,  into  precincts,  not  less  than  four  and  not 
more  than  eight.  The  present  county  courts  shall  make  the  first 
division.  Subsequent  divisions  shall  be  made  by  the  commis- 
sioners’ court  provided  for  by  this  constitution.  In  each  such 
precinct  there  shall  be  elected,  at  each  biennial  election,  one 
justice  of  the  peace  and  one  constable,  each  of  whom  shall  hold 
his  office  for  two  years  and  until  his  successor  shall  be  elected 
and  qualified:  Provided,  That  in  any  precinct  in  which  there 
may  be  a city  of  eight  thousand  or  more  inhabitants,  there  shall 
be  elected  two  justices  of  the  j>eace.  Each  county  shall  in  like 
manner  be  divided  into  four  commissioners’  precincts,  in  each 
of  which  there  shall  be  elected  by  the  qualified  voters  thereof, 
one  county  commissioner,  who  shall  hold  his  office  for  two  years 
and  until  his  successor  shall  be  elected  and  qualified.  The 
county  commissioner  so  chosen,  with  the  county  judge  as  pre- 
siding officer,  shall  compose  the  County  Commissioners’  Court, 
which  shall  exercise  such  i)owers  and  jurisdiction  over  all  county 
business  as  is  conferred  by  this  Constitution  and  the  laws  of 
the  State,  or  as  may  be  hereafter  prescribed. 

Sec.  19.  Justices  of  the  peace  shall  have  jurisdiction  in  crim- 
inal matters  of  all  cases  where  the  penalty  or  fine  to  be  imposed 
by  law  may  not  be  more  than  for  two  hundred  dollars,  and  in 
civil  matters  of  all  cases  where  the  amount  in  controversy  is 
two  hundred  dollars  or  less,  exclusive  of  interest,  of  which 
exclusive  original  jurisdiction  is  not  given  to  the  District  or 
County  Courts;  and  such  other  jurisdiction,  criminal  or  civil,  as 
may  be  provided  by  law,  under  such  regulations  as  may  be  pre- 
scribed by  law;  and  appeals  to  the  County  Courts  shall  be 
allowed  in  all  cases  decided  in  Justices’  Courts  where  the  judg- 
ment is  for  more  than  twenty  dollars,  exclusUe  of  costs,  and  in 
all  criminal  cases,  under  such  regulations  as  may  be  prescribed 
by  law.  And  the  justices  of  the  peace  shall  be  ex  officio  notaries 
public;  and  they  shall  hold  their  courts  at  such  times  and 
places  as  may  be  provided  by  law. 

Sec.  20.  There  shall  be  elected  for  each  county,  by  the  quali- 
fied voters,  a county  clerk,  who  shall  hold  his  office  for  two 
years,  who  shall  be  clerk  of  the  County  and  Commissioners’ 
Courts,  and  recorder  of  Ihe  county,  whose  duties,  perquisites 
and  fees  of  office  shall  be  prescnbed  by  the  Legislature,  and  a 


CONvSTITUTIOX  OF  TEXAS. 


497 


viicaiicy  in  whose  office  slmll  he  lilled  hy  the  Commissioners’ 
Court,  until  the  next  general  election  for  county  and  State  offi- 
cers: Provided,  That  in  counties  having  a population  of  less 
than  eight  thousand  persons  there  may  be  an  election  of  a 
single  clerk,  who  shall  perform  the  duties  of  district  and  county 
clerks. 

Sec.  21.  A county  attorney,  for  counties  in  which  there  is 
not  a resident  criminal  district  attorney,  shall  be  elected  by  the 
(lualitied  voters  of  each  county,  who  shall  be  commissioned  by  the 
Governor,  and  hold  his  office  for  the  term  of  two  years.  In  case 
of  vacancy  the  Commissioners’  Court  of  the  county  shall  have 
I>ower  to  appoint  a county  attorney  until  the  next  general  elec- 
tion. The  county  attorneys  shall  represent  the  State  in  all 
cases  in  the  district  and  inferior  courts  in  their  respective  coun- 
ties; but  if  any  county  shall  be  included  in  a district  in  which 
there  shall  be  a district  attorney,  the  respective  duties  of  dis- 
trict attorneys  and  county  attorneys  shall,  in  such  counties, 
be  regulated  by  the  Legislature.  The  Legislature  may  provide 
for  the  election  of  district  attorneys  in  such  districts  as  may  be 
deemed  necessary,  and  make  provision  for  the  compensation  of 
district  attorneys  and  county  attorneys : Provided,  District 

attorneys  shall  receive  an  annual  salary  of  five  hundred  dollars, 
to  be  paid  by  the  State,  and  such  fees,  commissions  and  per- 
quisites as  may  be  provided  by  law.  County  attorney’s  shall 
receive  as  compensation  only  such  fees,  commissions  and  per- 
quisites as  may  be  prescribed  by  law. 

Sec.  22.  The  Legislature  shall  have  power,  by  local  or  gen- 
eral law,  to  increase,  diminish  or  change  the  civil  and  criminal 
jurisdiction  of  County  Courts;  and  in  cases  of  any  such  change 
of  jurisdiction  the  Legislature  shall  also  conform  the  jurisdiction 
of  the  other  courts  to  such  change. 

Sec.  23.  There  shall  be  elected  by  the  qualified  voters  of 
each  county  a sheriff^,  who  shall  hold  his  office  for  the  term  of 
two  years,  whose  duties,  and  perquisites,  and  fees  of  office,  shall 
be  prescribed  by  the  Legislature,  and  vacancies  in  whose  office 
shall  be  filled  by  the  Commissioners’  Court  until  the  next  gen- 
eral election  for  county  or  State  officers. 

Sec.  24.  County  judges,  county  attorneys,  clerks  of  the  Dis- 
trict and  County  Courts,  justices  of  the  peace,  constables,  and 
other  county  officers,  may  be  removed  by  the  judges  of  the  Dis- 
32 


498 


CONSTITUTION  OF  TEXAS. 


trict  Courts  for  incompetency,  official  misconduct,  habitual 
drunkenness,  or  other  causes  defined  by  law,  upon  the  cause 
therefor  being  set  forth  in  writing,  and  the  finding  of  its  truth 
by  a jury. 

Sec.  25.  The  Supreme  Court  shall  have  power  to  make  and 
establish  rules  of  procedure,  not  inconsistent  with  the  laws  of 
the  State,  for  the  government  of  said  court  and  the  other  courts 
of  this  State,  to  expedite  the  dispatch  of  business  therein. 

Sec.  26.  The  State  shall  have  no  right  of  appeal  in  crim- 
inal cases. 

Sec.  27.  The  Legislature  shall,  at  its  first  session,  provide  for 
the  transfer  of  all  business,  civil  and  criminal,  pending  in  Dis- 
trict Courts,  over  which  jurisdiction  is  given  by  this  Constitu- 
tion to  the  County  Courts  or  other  inferior  courts,  to  such  county 
or  inferior  courts,  and  for  the  trial  or  disj^osition  of  all  such 
causes  by  such  county  or  other  inferior  courts. 

Sec.  28.  Vacancies  in  the  office  of  judges  of  the  Supreme 
Court,  the  Court  of  Criminal  Appeals,  the  Court  of  Civil  Appeals, 
and  the  District  Courts,  shall  be  filled  by  the  Governor  until  the 
next  succeeding  general  election,  and  vacancies  in  the  office  of 
county  judge  and  justices  of  the  peace  shall  be  filled  by  the 
Commissioners’  Court  until  the  next  general  election  for  such 
offices. 

Sec.  29.  The  County  Court  shall  hold  at  least  four  terms  for 
both  civil  and  criminal  business  annually,  as  may  be  provided 
by  the  Legislature,  or  by  the  Commissioners’  Court  of  the 
county  under  authority  of  law,  and  such  other  terms  each  year 
as  may  be  fixed  by  the  Commissioners’  Court:  Provided,  The 
Commissioners’  Court  of  any  county  having  fixed  the  times  and 
number  of  terms  of  the  County  Court,  shall  not  change  the 
same  again  until  the  expiration  of  one  year.  Said  court  shall 
dispose  of  probate  business  either  in  term  time  or  vacation, 
under  such  regulation  as  may  be  prescribed  by  law.  Prosecu- 
tions may  be  commenced  in  said  courts  in  such  manner  as  is 
or  may  be  provided  by  law,  and  a jury  therein  shall  consist  of 
six  men.  Until  otherwise  provided,  the  terms  of  the  County 
Court  shall  be  held  on  the  first  Mondays  in  February,  May, 
August  and  November,  and  may  remain  in  session  three  weeks 


CONSTITUTION  OF  TEXAS. 


499 


AimCLE  YL 
Sufrcuje. 

Section  1.  The  following  classes  of  persons  shall  not  be 
allowed  to  vote  in  This  State,  to  wit: 

First.  Persons  under  tw(uity-one  years  of  age. 

Second.  Idiots  and  lunatics. 

Third.  All  paupers  supported  by  any  county. 

Fourth.  All  persons  convicted  of  any  felony,  subject  to  such 
exceptions  as  the  Legislature  may  make. 

Fifth.  All  soldiers,  marines,  and  seamen  employed  in  the  ser- 
vice of  the  army  or  navy  of  the  United  States. 

Sec.  2.  Every  male  j)erson  subject  to  none  of  the  foregoing 
disqualifications,  who  shall  have  attained  the  age  of  twenty-one 
years,  and  who  shall  be  a citizen  of  the  United  States,  and  who 
shall  have  resided  in  this  State  one  year  next  preceding  an  elec- 
tion, and  the  last  six  months  within  the  district  or  county  in 
which  he  offers  to  vote,  shall  be  deemed  a qualified  elector;  and 
every  male  person  of  foreign  birth,  subject  to  none  of  the  fore- 
gTting  disqualifications,  who,  at  any  time  before  an  election,  shall 
have  declared  his  intention  to  become  a citizen  of  the  United 
States,  in  accordance  with  the  federal  naturalization  laws,  and 
shall  have  resided  in  this  State  one  year  next  preceding  such 
election,  and  the  last  six  months  in  the  county  in  which  he 
offers  to  vote,  shall  also  be  deemed  a qualified  elector;  and  all 
electors  shall  vote  in  The  election  precinct  of  their  residence: 
Provided,  That  electors  living  in  any  unorganized  county,  may 
vote  at  any  election  precinct  in  the  county  to  which  such  county 
is  attached  for  judicial  purposes. 

Sec.  3.  All  qualified  electors  of  the  State,  as  herein  described, 
who  shall  have  resided  for  six  months  immediately  preceding 
an  election  within  the  limits  of  any  city  or  corporate  town, 
shall  have  the  right  to  ^'ote  for  mayor  and  all  other  elective  offi- 
cers; but  in  all  elections  to  determine  exi)enditure  of  money  or 
assumption  of  debt,  only  those  shall  be  qualified  to  vote  who 
pay  taxes  on  property  in  said  city  or  incorj)orated  town:  Pro- 
vided, That  no  poll  tax  for  the  payment  of  debts  thus  incurred 
shall  be  levied  upon  the  persons  debarred  from  voting  in  rela- 
tion thereto. 

Sec.  4.  In  all  elections  by  the  people  the  vote  shall  be  by  bal- 
lot, and  the  Legislature  shall  provide  for  the  numbering  of 


500 


CONSTITUTION  OF  TEXAS. 


tickets  and  make  such  other  regulations  as  may  he  necessary 
to  detect  and  punish  fraud  and  preserve  the  purity  of  the  ballot- 
box;  and  the  Legislature  may  provide  by  law  for  the  registra- 
tion of  all  voters  in  all  cities  containing  a population  of  ten 
thousand  inhabitants  or  more. 

Sec.  5.  Voters  shall,  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  elections,  and  in  going  to  and  returning  there- 
from. 

AKTICLE  VII. 

Education — The  Euhlic  Free  Schools. 

Section  1.  A general  diffusion  of  knowledge  being  essen- 
tial to  the  preservation  of  the  liberties  and  rights  of  the  people, 
it  shall  be  the  duty  of  the  Legislature  of  the  State  to  estab- 
lish and  make  suitable  provision  for  the  support  and  mainte- 
nance of  an  efficient  system  of  public  free  schools. 

Sec.  2.  All  funds,  lands  and  other  property  heretofore  set 
apart  and  appropriated  for  the  support  of  public  schools;  all 
the  alternate  sections  of  land  reserved  by  the  State  out  of  grants 
heretofore  made  or  that  may  hereafter  be  made  to  railroads, 
or  other  corporations,  of  any  nature  whatsoever;  one-half  of  the 
public  domain  of  the  State;  and  all  sums  of  money  that  may 
come  to  the  State  from  the  sale  of  any  j)ortion  of  the  same,  shall 
constitute  a perpetual  public  school  fund. 

Sec.  3.  One-fourth  of  the  revenue  derived  from  the  State 
occupation  taxes,  and  a poll  tax  of  one  dollar  on  every  male 
inhabitant  of  this  State  between  the  ages  of  twenty-one  and 
sixty  years,  shall  be  set  apart  annually  for  the  beneht  of  the 
public  free  schools,  and,  in  addition  thereto,  there  shall  be  levied 
and  collected  an  annual  ad  valorem  State  tax  of  such  an 
amount,  not  to  exceed  twenty  cents  on  the  one  hundred  dollars 
valuation,  as,  with  the  available  school  fund  arising  from  all 
other  sources,  will  be  sufficient  to  maintain  and  support  the 
public  free  schools  of  this  State  for  a period  of  not  less  than 
six  months  in  each  year;  and  the  Legislature  may  also  provide 
for  the  formation  of  school  districts  within  all  or  any  of  the 
counties  of  this  State,  b}^  general  or  special  law,  without  the 
local  notice  required  in  other  cases  of  special  legislation,  and 
may  authorize  an  additional  annual  ad  valorem  tax  to  be  levied 
and  collected  within  such  school  districts  for  the  further  main- 
tenance of  public  free  schools  and  the  erection  of  school  build- 


CONSTITUTION  OF  TEXAS. 


501 


ings  therein:  Provided,  That  two-thirds  of  the  qualified  prop- 
erty tax-paying  voters  of  the  district,  voting  at  an  election  to 
he  held  for  tliat  purpose,  shall  vote  such  tax,  not  to  excecjd  in 
any  one  year  twenty  cents  on  the  one  hundred  dollars  valuation 
of  the  property  subject  to  taxation  in  such  district,  but  the 
limitation  upon  the  amount  of  district  tax  herein  authorized 
shall  not  apply  to  incorporated  cities  or  towns  constituting 
separate  and  independent  school  districts. 

Sec.  4.  The  lands  herein  set  apart  to  the  public  free  school 
fund  shall  be  sold  under  such  regulations,  at  such  times,  and  on 
such  terms  as  may  be  prescribed  by  law;  and  the  Legislature 
shall  not  have  power  to  grant  any  relief  to  purchasers  thereof. 
The  Comptroller  shall  invest  the  proceeds  of  such  sales,  and  of 
those  heretofore  made,  as  may  be  directed  by  the  board  of  edu- 
cation herein  provided  for,  in  the  bonds  of  the  United  States, 
the  State  of  Texas,  or  counties  in  said  State,  or  in  such  other 
securities,  and  under  such  restrictions  as  may  be  prescribed  by 
law;  and  the  State  shall  be  responsible  for  all  investments. 

Sec.  5.  The  principal  of  all  bonds  and  other  funds,  and  the 
principal  arising  from  the  sale  of  the  lands  hereinbefore  set 
apart  to  said  school  fund,  shall  be  the  permanent  school  fund; 
and  all  the  interest  derivable  therefrom  and  tlie  taxes  herein 
authorized  and  levied  sliall  be  the  available  school  fund,  to 
which  the  Legislature  may  add  not  exceeding  one  per  cent 
annually  of  the  total  value  of  the  permanent  school  fund;  such 
value  to  be  ascertained  by  tlie  board  of  education  umil  other- 
wise provided  by  law;  and  the  available  school  fund  shall  be 
apijlied  annually  to  the  support  of  the  public  free  schools.  And 
no  law  shall  ever  be  enacted  appropriating  any  part  of  the  per- 
manent or  available  school  fund  to  any  other  purpose  wh.nt- 
ever;  nor  shall  the  same  or  any  part  thereof  ever  be  appropri- 
ated or  to  be  used  for  the  support  of  any  sectarian  school;  and 
the  aA^ailable  school  fund  herein  provided  shall  be  distributed  to 
the  several  counties  according  to  their  scholastic  population 
and  applied  in  such  manner  as  may  be  provided  by  law. 

Sec.  6.  All  lands  lieretofore  or  hereafter  granted  to  the  sev- 
eral counties  of  this  State  for  educational  purposes,  are  of  right 
the  property  of  said  counties  respectively,  to  which  they  were 
granted,  and  title  thereto  is  vested  in  said  counties,  and  no 
adverse  possession  or  limitation  shall  ever  be  available  against 
the  title  of  any  county.  Each  county  may  sell  or  dispose  of  its 


502 


CONSTITUTION  OF  TEXAS. 


lands  in  whole  or  in  part,  in  manner  to  be  provided  by  the  Com- 
missioners’ Court  of  the  county.  Actual  settlers  residing  on  said 
lands  shall  be  protected  in  the  prior  right  of  purchasing  the 
same  to  the  extent  of  their  settlement,  not  to  exceed  one'  hun- 
dred and  sixty  acres,  at  the  price  fixed  by  said  court,  which 
price  shall  not  include  the  value  of  existing  improvements  made 
thereon  by  such  settlers.  Said  lands,  and  the  proceeds  thereof, 
when  sold,  shall  be  held  by  said  counties  alone  as  a trust  for  the 
benefit  of  public  schools  therein;  said  proceeds  to  be  invested 
in  bonds  of  the  United  States,  the  State  of  Texas,  or  counties  in 
said  State,  or  in  such  other  securities,  and  under  such  restric- 
tions as  may  be  prescribed  by  law;  and  the  counties  shall  be 
responsible  for  all  investmerts;  the  interest  thereon,  and  other 
revenue,  except  the  principal,  shall  be  available  fund. 

Sec.  7.  Separate  schools  shall  be  provided  for  the  white 
and  colored  children,  and  impartial  provision  shall  be  made  for 
both. 

Sec.  8.  The  Governor,  Comptroller,  and  Secretary  of  State 
shall  constitute  a board  of  education,  who  shall  distribute  said 
funds  to  the  several  counties,  and  perform  such  other  duties 
concerning  public  schools  as  may  be  prescribed  by  law. 

Asylu7ns. 

Sec.  9.  All  lands  heretofore  granted  for  the  benefit  of  the 
lunatic,  blind,  deaf  and  dumb,  and  orphan  asylums,  together 
with  such  donations  as  may  have  been  or  may  hereafter  be  made 
to  either  of  them,  respectively,  as  indicated  in  the  several  grants, 
are  hereby  set  apart  to  provide  a permanent  fund  for  the  sup- 
port, maintenance  and  improvement  of  said  asylums.  And  the 
Legislature  may  provide  for  the  sale  of  the  lands  and  the  invest- 
ment of  the  proceeds  in  manner  as  provided  for  the  sale  and 
investment  of  school. lands  in  section  four  of  this  article. 

University . 

Sec.  10.  The  Legislature  shall,  as  soon  as  practicable,  estab- 
lish, organize  and  provide  for  the  maintenance,  support  and 
direction  of  a university  of  the  first  class,  to  be  located  by  a 
vote  of  the  ])eople  of  this  State,  and  styled  “The  University  of 
Texas,”  for  the  promotion  of  literature  and  the  arts  and  sciences, 
including  an  agricultural  and  mechanical  department. 

Sec.  11.  In  order  to  enable  the  Legislature  to  perform  the 
duties  set  forth  in  the  foregoing  section,  it  is  Inu-eby  declared 


CONSTITUTION  OF  TEXAS. 


503 


that  all  lands  and  other  property  heretofore  set  apart  and  appro- 
priated for  the  establishment  and  maintenance  of  “The  Univer- 
sity of  Texas/^  together  with  all  the  proceeds  of  sales  of  the 
same,  heretofore  made  or  hereafter  to  be  made,  and  all  grants, 
donations,  and  appropriations  that  may  hereafter  be  made  by 
the  State  of  Texas,  or  from  any  other  source,  shall  constitute  and 
become  a permanent  university  fund.  And  the  same  as  realized 
and  received  into  the  treasury  of  the  State  (together  with  such 
sum  belonging  to  the  fund  as  may  now  be  in  the  treasury),  shall 
be  invested  in  bonds  of  the  State  of  Texas,  if  the  same  can  be 
obtained,  if  not,  then  in  United  States  bonds;  and  the  inter- 
est accruing  thereon  shall  be  subject  to  appropriation  by  the 
Legislature  to  accomplish  the  purpose  declared  in  the  foregoing 
section:  Provided,  That  the  one-tenth  of  the  alternate  sections 
of  the  lands  granted  to  railroads,  reserved  by  the  State,  which 
were  set  apart  and  appropriated  to  the  establishment  of  “The 
University  of  Texas,’’  by  an  act  of  the  Legislature  of  February 
11,  1858,  entitled  “An  act  to  establish  ‘The  University  of  Texas,’” 
shall  not  be  included  in  or  constitute  a part  of  the  permanent 
university  fund. 

Sec.  12.  The  land  herein  set  apart  to  the  university  fund  shall 
be  sold  under  such  regulations,  at  such  time  and  on  such  terms 
as  may  be  provided  by  law;  and  the  Legislature  shall  provide 
for  the  prompt  collection,  at  maturity,  of  all  debts  due  on 
account  of  university  lands  heretofoi-e  sold,  or  that  may  here- 
after be  sold,  and  shall  in  neither  event  have  the  power  to 
grant  relief  to  the^  purchasers. 

Sec.  13.  The  Agricultural  and  Mechanicar  College  of  Texas, 
established  by  an  act  of  the  Legislature,  x»a^^sed  April  17,  1871, 
located  in  the  county  of  Prazos,  is  hereby  made  and  constituted 
a branch  of  the  University  of  Texas,  for  instruction  in  agri- 
culture, the  mechanic  arts  and  the  natural  sciences  connected 
there wuth.  And  the  Legislature  shall,  at  its  next  session,  make 
an  a|)propriation,  not  to  exceed  forty  thousand  dollars,  for  the 
construction  and  completion  of  the  buildings  and  improvements, 
and  for  providing  the  furniture  necessary  to  put  said  college  in 
immediate  and  successful  operation. 

Sec.  14.  The  Legislature  shall,  also,  Avhen  deemed  practica- 
ble, establish  ;uid  pi'ovide  for  the  maint(uiance  of  a college  or 
branch  univ^(‘rsity  for  the  instr-uction  of  tln^  colored  youths  of 
the  State,  to  be  located  by  a vote  of  the  ])eo|de:  Provided,  That 


504 


CONSTITUTION  OF  TEXAS. 


no  tax  shall  he  levied  and  no  money  appropriated  out  of  the 
general  revenue,  either  for  this  purpose  or  for  the  establish- 
ment and  erection  of  the  buildings  of  the  University  of  Texas. 

Sec.  15.  In  addition  to  the  lands  heretofore  granted  to  the 
University  of  Texas,  there  is  hereby  set  apart  and  appropriated, 
for  the  endowment,  maintenance  and  support  of  said  university 
and  its  branches,  one  million  acres  of  the  unappropriated  public 
domain  of  the  State,  to  be  designated  and  surveyed  as  may  be 
provided  by  law;  and  said  lands  shall  be  sold  under  the  same 
regulations  and  the  proceeds  invested  in  the  same  manner  as 
is  provided  for  the  sale  and  investment  of  the  permanent  uni- 
versity fund;  and  the  Legislature  shall  not  have  power  to  grant 
any  relief  to  the  purchasers  of  said  lands. 

ARTICLE  VIII. 

Taxation  and  Revenue. 

Section  1.  Taxation  shall  be  equal  and  uniform.  All  property 
in  this  State,  whether  owned  by  natural  persons  or  corporations, 
other  than  municipal,  shall  be  taxed  in  proportion  to  its  value, 
which  shall  be  ascertained  as  may  be  provided  by  law.  The 
Legislature  may  impose  a poll  tax.  It  may  also  impose  occupa- 
tion taxes,  both  upon  natural  persons  and  upon  corporations, 
other  than  municipal,  doing  any  business  in  this  State.  It  may 
also  tax  incomes  of  both  natural  persons  and  corporations,  other 
than  municipal,  except  that  persons  engaged  in  mechanical  and 
agricultural  pursuits  shall  never  be  required  to  pay  an  occupa- 
tion tax:  Provided,  That  two  hundred  and  fifty  dollars  worth 
of  household  and  kitchen  furniture,  belonging  to  each  family  in 
this  State,  shall  be  exempt  from  taxation,  and  provided  further, 
that  the  occupation  tax  levied  by  any  county,  cit}'  or  town,  for 
any  year,  on  persons  or  corporations  pursuing  any  profession  or 
business,  shall  not  exceed  one-half  of  the  tax  levied  by  the  State 
for  the  same  period  on  snch  profession  or  business. 

Sec.  2.  All  occupation  taxes  shall  be  equal  and  uniform  upon 
the  same  class  of  subjects  within  the  limits  of  the  authority 
levying  the  tax;  but  the  Legislature  may,  by  general  laws, 
exem])t  from  taxation  jmblic  property  used  for  public  purposes; 
actual  places  of  religions  Avorship;  ])laces  of  burial  not  held  for 
private  or  corporate  profit;  all  buildings  used  exclusively  and 
owned  by  persons  or  associations  of  ixn-sons  for  school  purposes 
(and  the  necessary  furniture  of  all  schools),  and  institutions  of 


CONSTITUTION  OF  TEXAS. 


505 


purely  public  charity;  aud  all  laws  exempting  property  from 
taxation,  other  than  the  property  above  mentioned,  shall  be 
void. 

Sec.  3.  Taxes  shall  be  levied  and  collected  by  general  laws 
and  for  public  purposes  only. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  property 
shall  not  be  surrendered  or  suspended  by  act  of  the  Legislature, 
by  any  contract  or  grant  to  which  the  State  shall  be  a party. 

Sec.  5.  All  property  of  railroad  companies,  of  whatever  de- 
scription, lying  or  being  within  the  limits  of  any  city  or  incor- 
porated town  within  this  State,  shall  bear  its  proportionate 
share  of  municipal  taxation,  and  if  any  such  property  shall  not 
have  been  heretofore  rendered,  the  authorities  of  the  city  or 
town  within  which  it  lies  shall  have  power  to  require  its  ren- 
dition, and  collect  the  usual  municipal  tax  thereon,  as  on  other 
property  lying  within  said  municipality. 

Sec.  6.  No  money  shall  be  drawn  from  the  treasury  but  in 
pursuance  of  specific  appropriations  made  by  law;  nor  shall  any 
appropriation  of  money  b(*  made  for  a longer  term  than  two 
years,  except  by  the  first  Legislature  to  assemble  under  this 
Constitution,  which  may  make  the  necessary  appropriations 
to  carry  on  the  government  until  fhe  ass(uublage  of  the  six- 
teenth Legislature. 

Sec.  7.  The  Legislature  shall  not  have  power  to  borrow,  or 
in  any  manner  diverted  from  its  purpose,  any  special  fund  that 
may,  or  ought  to,  come  into  the  treasury;  and  shall  make  it 
penal  for  any  person  or  persons  to  borrow,  Avithhold,  or  in  any 
manner  to  divert  from  its  purpose,  any  special  fund,  or  any 
part  thereof. 

Sec.  8.  All  property  of  railroad  companies  shall  be  assessed, 
and  the  taxes  collected  in  the  several  counties  in  which  said 
property  is  situated,  including  so  much  of  the  road-bed  and  fix- 
tures as  shall  be  in  each  county.  The  rolling  stock  may  be 
assessed  in  gross  in  the  county  where  the  principal  office  of  the 
company  is  located,  and  the  county  tax  paid  upon  it  shall  be 
apportioned  by  the  Comptroller,  in  proportion  to  tlie  distance 
such  road  may  run  through  any  such  county,  among  fhe  several 
counties  through  which  the  road  passes,  as  a part  of  their  tax 
assets. 

^ec.  9.  The  Stale  tax  on  property,  exclusive  of  tlie  tax  neces- 
sary to  pay  the  ])ublic  debt  and  of  the  taxes  provided  for  the 


50(> 


CONSTITUTION  OF  TEXAS. 


benefit  of  public  free  schools,  shall  never  exceed  thirty-five  cents 
on  the  one  hundred  dollars  valuation;  and  no  county,  city,  or 
town  shall  levy  more  than  twenty-five  cents  for  city  or  county 
purposes,  and  not  exceed  fifteen  cents  for  roads  and  bridges  on 
the  one  hundred  dollars  valuation,  except  for  the  payment  of 
debts  incurred  prior  to  the  adoption  of  the  amendment,  Septem- 
ber 25,  A.  I).  1S83;  and  for  the  erection  of  public  buildings, 
streets,  sev  ers,  water-works,  and  other  permanent  improvements, 
not  to  exceed  twenty-five  cents  on  the  one  hundred  dollars  valua- 
tion in  any  one  year,  and  except  as  is  in  this  Constitution  other- 
wise provided;  and  the  Legislature  may  also  authorize  an  addi- 
tional annual  ad  valorem  tax  to  be  levied  and  collected  for  the 
further  maintenance  'of  the  i)ul)lic  roads:  Provided,  That  a 
majority  of  the  qualified  property  tax  paying  voters  of  the 
county,  voting  at  an  election  to  be  held  for  that  purpose,  shall 
vote  such  tax,  not  to  exceed  fifteen  cents  on  the  one  hundred 
dollars  valuation  of  the  proi)erty  subject  to  taxation  in  such 
county.  And  the  Legislature  may  pass  local  laws  for  the  main- 
tenance of  public  roads  and  highways  without  the  local  notice 
required  for  special  or  local  laws. 

Sec.  10.  The  Legislature  shall  have  no  power  to  release  the 
inhabitants  of,  or  property  in,  any  county,  city  or  town,  from  the 
payment  of  taxes  levied  for  State  or  county  purposes,  unless  in 
case  of  great  ]mblic  calamity  in  any  such  county,  city  or  town, 
w'hen  such  release  may  be  made  by  a vote  of  two-thirds  of  each 
House  of  the  Legislature. 

Sec.  11.  All  property,  whether  owned  by  persons  or  cor- 
porations, shall  be  assessed  for  taxation  and  the  taxes  paid  in 
the  county  where  situated,  but  the  Legislature  may,  by  a two- 
thirds  vot(%  authorize  the  payment  of  taxes  of  non-residents  of 
counties  to  1h‘  made  at  the  office  of  the  Comptroller  of  Public 
Accounts.  And  all  lands  and  other  property  not  rendered  for 
taxation  l)y  tlu‘  owner  thei'eof  shall  be  assessed  at  its  fair  vahie 
by  the  pro]KU'  officer. 

Sec.  12.  All  ])roperty  subject  to  taxation  in,  and  owned  by 
residents  of  unorganized  counties,  shall  be  assessed  and  the 
taxes  tluM'{‘ou  paid  in  the  counties  to  which  such  unorganized 
counties  shall  be  attached  for  judicial  ])ui'pos(‘s;  and  lands  lying 
in  and  owihmI  by  non-residents  of  unorganized  counties,  and 
lands  lying  in  tlu^  territory  not  laid  off  into  counties,  shall  be 
assessi'd  and  the  taxes  tluM'eou  coll(‘ct(Ml  at  the  office  of  the 
Corn])! rolha*  of  the  State. 


CONSTITUTION  OF  TEXAS. 


507 

Sec.  13.  Provision  shall  be  made  by  the  lirst  Legislature 
for  the  speedy  sale  of  a sufficient  portion  of  all  lands  and  other 
property  for  the  taxes  due  thereon,  and  every  year  thereafter 
for  the  sale  of  all  lands  and  other  property  upon  which  the 
taxes  have  not  been  paid,  and  the  deed  of  conveyance  to  the 
purchaser  for  all  lands  and  other  property  thus  sold  shall  be 
held  to  vest  a good  and  perfect  title  in  the  purchaser  thereof, 
subject  to  be  impeached  only  for  actual  fraud:  Provided,  That 
the  former  owner  shall,  within  two  years  froni  date  of  pur- 
chaser’s deed,  have  the  light  to  redeem  the  land  upon  the  pay- 
ment of  double  the  amount  of  money  paid  for  the  land. 

Sec.  14.  There  shall  be  elected  by  the  qualihed  electors  of 
each  county,  at  the  same  time  and  under  the  same  law  regu- 
lating the  election  of  State  and  county  oilicers,  an  assessor  of 
taxes,  who  shall  hold  his  office  for  two  years  and  until  his  suc- 
cessor is  elected  and  qualified. 

Sec.  15.  The  annual  assessment  made  upon  landed  property 
shall  be  a special  lien  thereon,  and  all  property,  both  real  and 
personal,  belonging  to  any  delinquent  taxpayer  shall  be  liable 
to  seizure  and  sale  for  the  payment  of  all  the  taxes  and  penal- 
ties due  by  such  delinquent;  and  such  property  may  be  sold 
for  the  payment  of  the  taxes  and  penalties  due  by  such  delin- 
quent, under  such  regulations  as  the  lA^gislalure  may  provide. 

Sec.  IG.  The  sheriff  of  each  county,  in  addition  to  his  other 
duties,  shall  be  the  collector  of  taxes  therefor.  But  in  counties 
having  ten  thousand  inhabitants,  to  be  determined  by  the  last 
preceding  census  of  the  Urited  States,  a collector  of  taxes  shall 
be  elected,  to  hold  office  for  two  years  and  until  his  successor 
shall  be  elected  and  qualified. 

Sec.  17.  The  specifications  of  the  objects  and  subjects  of  tax- 
ation shall  not  deprive  the  Legislature  of  the  xx)wer  to  require 
other  subjects  or  objecfs  to  be  taxed,  in  such  manner  as  may 
be  consistent  with  the  principles  of  taxation  fixed  in  this  Con- 
stitution. 

Sec.  18.  The  Legislature  shall  provide  for  equalizing,  as  near 
as  may  be,  the  valuation  of  all  property  subject  to  or  rendered 
for  taxation  (the  county  Commissioners'  Court  to  constitute  a 
board  of  equalization);  and  may  also  provide  for  the  classifica- 
tion of  all  lands  with  reference  to  their  value  in  the  several 
counties.  i i i : 


CONSTITUTION  OF  TEXAS. 


oOS 

Sec.  19.  Farm  i)roducts  in  the  hands  of  the  producer  and 
family  supplies  for  home  and  farm  use,  are  exempt  from  all 
taxation  until  otherwise  directed  by  a two-thirds  vote  of  all  the 
members  elected  to  both  Houses  of  the  Legislature. 

ARTICLE  IX.  4 
Counties. 

Section  1.  The  Legislature  shall  have  power  to  create  coun- 
ties for  the  convenience  of  the  people,  subject  to  the  following 
provisions : 

First.  In  the  territory  of  the  State  exterior  to  all  counties 
now  existing,  no  new  counties  shall  be  created  with  a less  area 
than  nine  hundred  square  miles,  in  a square  form,  unless  pre- 
vented by  pre-existing  boundary  lines.  Should  the  State  lines 
render  this  impracticable  in  border  counties,  the  area  may  be 
less.  The  territory  referred  to  may,  at  any  time,  in  whole  or  in 
part,  be  divided  into  counties  in  advance  of  population,  and 
attached,  for  judicial  and  land  surveying  purposes,  to  the  most 
convenient  organized  county  or  counties. 

Second.  Within  the  territory  of  any  county  or  counties  now 
existing,  no  new  county  shall  be  created  with  a less  area  than 
seven  hundred  square  miles,  nor  shall  any  such  county  now 
existing  be  reduced  to  a less  area  than  seven  hundred  square 
miles.  No  new  counties  shall  be  created  so  as  to  approach 
nearer  than  twelve  miles  of  the  county  seat  of  any  county  from 
which  it  may,  in  whole  or  in  part,  be  taken.  Counties  of  a less 
area  than  nine  hundred,  but  of  seven  hundred  or  more  square 
miles,  within  counties  now  existing,  may  be  created  by  a two- 
thirds  vote  of  each  House  of  the  Legislature,  taken  by  yeas  and 
nays,  and  entered  on  the  journals.  Any  county  now  existing 
may  be  reduced  to  an  area  of  not  less  than  seA^en  hundred  square 
miles  by  a like  two-thirds  vote.  When  any  part  of  a county  is 
stricken  off  and  attached  to  or  created  into  another  county,  the 
part  stricken  off  shall  be  holden  for  and  obliged  to  pay  its  pro- 
portion of  all  the  liabilities  then  existing  of  the  county  from 
which  it  Avas  taken,  in  such  manner  as  may  be  prescribed  by 

hlAA*. 

Third.  No  part  of  any  existing  county  shall  be  detached  from 
it  and  attached  to  another  existing  county  until  the  proposition 
for  such  change  shall  have  been  submitted,  in  such  manner  as 


CONSTITUTION  OF  TEXAS. 


5U9 


may  be  provided  by  law,  to  a vote  of  the  electors  of  both  coun- 
ties, and  shall  have  received  a majority  of  those  voting  on  the 
question  in  each. 

County  Seats. 

Sec.  2.  The  Legislature  shall  pass  laws  regulating  the  man- 
ner of  removing  county  seats,  but  no  county  seat  situated  within 
five  miles  of  the  geographical  center  of  the  county  shall  be 
removed  except  by  a vote  of  two-thirds  of  all  the  electors  vot- 
ing on  the  subject.  A majority  of  such  electors,  however, 
voting  at  such  election,  may  remoA’^e  a county  seat  from  a j)oint 
more  than  fiA^e  miles  from  the  geographical  center  of  the  county 
to  a point  within  fiA^e  miles  of  such  center,  in  either  case  the 
center  to  be  determined  by  a certificate  from  the  commissioner 
of  the  general  land  office. 


ARTICLE  X. 

Railroads. 

Section  1.  Any  railroad  corporation  or  association,  organized 
under  the  law  for  the  purpose,  shall  liaA^e  the  right  to  construct 
and  operate  a railroad  between  any  points  Avithin  this  State, 
and  to  connect  at  the  State  line  Avith  railroads  of  other  States. 
Every  railroad  company  shall  haA^e  the  right,  Avith  its  road,  to 
intersect,  connect  with  or  cross  any  other  railroad;  and  shall 
receive  and  transport  each  the  other’s  passengers,  tonnage  and 
cars,  loaded  or  empty,  without  delay  or  discrimination,  under 
such  regulations  as  shall  be  prescribed  by  Iuav. 

Sec.  2.  Railroads  heretofore  constructed  or  which  may  here- 
after be  constructed  in  this  State,  are  hereby  declared  public 
highways  and  railroad  companies  common  carriers.  The  Legis- 
lature shall  pass  laws  to  regulate  railroad  freight  and  passen- 
ger tariffs,  to  correct  abuses,  and  preA’^ent  unjust  discrimination 
and  extortion  in  the  rates  of  freight  and  passenger  tariffs  on 
the  different  railroads  in  this  State,  and  enforce  the  same  by 
adequate  penalties;  and  to  the  further  accomplishments  of  these 
objects  and  purposes  may  provide  and  establish  all  requisite 
means  and  agencies  invested  with  such  poAvers  as  may  be 
deemed  adequate  and  advisable. 

Sec.  3.  Every  railroad  or  other  corporation,  organized  or 
doing  business  in  this  State  under  the  laws  or  authority  thereof, 
shall  have  and  maintain  a public  office  or  place  in  this  State 
for  the  transaction  of  its  business,  where  transfers  of  stock  shall 


510 


CONSTITUTION  OF  TEXAS. 


be  made,  and  where  shall  be  kept,  for  inspection  by  the  stock- 
holders of  such  corporations,  books,  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  the  names  of  the  owners 
of  the  stock,  the  amounts  owned  bj^  them  respectively,  the 
amount  of  stock  paid,  and  by  whom,  the  transfer  of  said  stock, 
with  the  date  of  the  transfer,  the  amount  of  its  assets  and  lia- 
bilities, and  the  names  and  places  of  residence  of  its  officers. 
The  directors  of  every  railroad  company  shall  hold  one  meeting 
annually  in  this  State,  public  notice  of  which  shall  be  given 
thirty  days  previously,  and  the  president  or  superintendent  shall 
report  annually,  under  oath,  to  the  Comptroller  or  Governor, 
their  acts  and  doings,  which  report  shall  include  such  matters 
relating  to  railroads  as  may  be  prescribed  by  law.  The  Legis- 
lature shall  pass  laws  enforcing  by  suitable  penalties  the  pro- 
visions of  this  section. 

Sec.  4.  The  rolling  stock  and  all  other  moveable  property 
belonging  to  any  railroad  company  or  corporation  in  this  State 
shall  be  considered  personal  property,  and  its  real  and  personal 
property,  or  any  i>art  thereof;  shall  be  liable  to  execution  and 
sale  in  the  same  manner  as  the  property  of  individuals;  and  the 
Legislature  shall  pass  no  laws  exempting  any  such  property 
from  execution  and  sale. 

Sec.  5.  No  railroad  or  other  corporation,  or  the  lessees,  pur- 
chasers or  managers  of  any  railroad  corporation,  shall  con- 
solidate the  stock,  property  or  franchises  of  such  corporation 
with,  or  lease  or  purchase  the  works  or  franchises  of,  or  in  any 
way  control  any  railroad  corporation  owning  or  having  under 
its  control  a parallel  or  coiiipeting  line;  nor  shall  any  officer 
of  such  railroad  corporation  act  as  an  officer  of  any  other  rail- 
road corporation  owning  or  having  the  control  of  a parallel  or 
competing  line. 

Sec.  6.  No  railroad  com.pany  organized  under  the  laws  of 
this  State  shall  consolidate  by  private  or  judicial  sale  or  other- 
wise with  any  railroad  company  organized  under  the  laws  of 
any  other  State  or  of  the  United  States. 

Sec.  7.  No  law  shall  be  passed  by  the  Legislature  granting 
llie  right  to  construct  and  operate  a street  railroad  within  any 
city,  town  or  village,  or  upon  any  public  highway,  without  first 
jicquiring  the  consent  of  the  local  authorities  having  control  of 
Ihe  street  or  highway  proposed  to  be  occupied  by  such  street 
lailroad. 


CONSTITUTION  OF  TEXAS. 


51i 


Sec.  8.  No  railroad  corporation  in  existence  at  tlie  time  of 
the  adoption  of  this  Constitution,  shall  have  the  benefit  of  any 
future  legislation  except  on  condition  of  complete  acceptance 
of  all  the  provisions  of  this  Constitution  applicable  to  railroads. 

Sec.  9.  No  railroad  hereafter  constructed  in  this  State  shall 
pass  within  a distance  of  three  miles  of  any  county  seat  without 
passing  through  the  same,  and  establishing  and  maintaining 
a depot  therein,  unless  prevented  by  natural  obstacles,  such  as 
streams,  hills  or  mountains:  Provided,  Such  town  or  its  citizens 
shall  grant  the  right  of  way  through  its  limits  and  sufficient 
ground  for  ordinary  depot  purposes. 

ARTICLE  XI. 
il/  unicipal  Corporations. 

Section  1.  The  several  counties  of  this  State  are  hereby  recog- 
nized as  legal  subdivisions  of  the  State. 

Sec.  2.  The  construction  of  jails,  court-houses  and  bridges, 
and  the  establishment  of  county  poor-houses  and  farms,  and 
the  laying  out,  construction  and  repairing  of  county  roads,  shall 
be  provided  for  by  general  laws. 

Sec.  B.  No  county,  city  or  other  municipal  corporation  shall 
hereafter  become  a subscriber  to  the  capital  of  any  private  cor- 
poration or  association,  or*  make  any  appropriation  or  donation 
to  the  same,  or  in  any  wise  loan  its  credit;  but  this  shall  not  be 
construed  to  in  any  way  affect  an}'  obligation  heretofore  under- 
taken pursuant  to  law. 

Sec.  4.  Cities  and  towns  having  a population  of  ten  thousand 
inhabitants  or  less,  may  be  chartered  alone  by  general  law. 
They  may  le^w,  assess  and  collect  an  annual  tax  to  defray  the 
current  expenses  of  their  local  government,  but  such  tax  shall 
never  exceed,  for  any  one  year,  one-forth  of  one  per  cent,  and 
shall  be  collectible  only  in  current  money.  And  all  license  and 
occupation  tax  levied,  and  all  tines,  forfeitures,  penalties  and 
other  dues  accruing  to  cities  and  towns,  shall  be  collectible 
only  in  current  money. 

Sec.  5.  Cities  having  n-ore  than  ten  thousand  inhabitants 
may  have  their  charters  granted  or  amended  by  special  act  of 
the  Legislature,  and  may  levy,  assess  and  collect  such  taxes 
as  may  be  authorized  by  hiw,  but  no  tax  for  any  purpose  shall 
ever  be  lawful,  for  any  one  year,  which  shall  exceed  two  and 
one-half  per  cent  of  the  taxable  property  of  such  city;  and  no 


512 


co:nstitution  of  texa^. 


debt  shall  ever  be  created  bv  any  city  unless  at  the  same  time 
provision  be  made  to  assess  and  collect  aniinally  a sufficient 
sum  to  pay  the  interest  thereon  and  create  a sinking  fuml  of 
at  least  two  j^er  cent  thereon. 

Sec.  G.  Counties,  cities  and  towns  are  authorized,  in  -such 
mode  as  may  now  or  may  hereafter  be  provided  bv  law,  to  le^y, 
assess  and  collect  the  taxes  necessary  to  pay  the  interest  and 
provide  a sinking  fund  to  satisfy  any  indebtedness  heretofore 
legally  m'ade  and  undertaken;  but  all  such  taxes  shall  be  assessed 
and  collected  separately  from  that  levied,  assessed  and  collected 
for  current  expenses  of  municipal  government,  and  shall,  when 
levied,  specify  in  the  act  of  levying  the  purpose  therefor,  and 
such  taxes  may  be  paid  in  the  coupons,  bonds  or  other  indebt- 
edness for  the  payment  of  which  such  tax  maj^  have  been 
levied. 

Sec.  7.  All  counties  and  cities  boivlering  on  the  coast  of  the 
Gulf  of  Mexico  are  hereby  authorized,  upon  a vote  of  two-thirds 
of  the  taxpayers  therein  (to  be  ascertained  as  may  be  provided 
by  law),  to  levy  and  collect  such  tax  for  construction  of  sea 
walls,  breakwaters  or  sanitary  purposes,  as  may  be  authorized 
by  law,  and  nia}"  create  a debt  for  such  works  and  issue  bonds 
in  evidence  thereof.  But  no  debt  for  any  purpose  shall  ever  oe 
incurred  in  any  manner  by  any  city  -or  county  unless  provision 
is  made,  at  the  time  of  creating  the  same,  for  levying  and  col- 
lecting a sufficient  tax  to  pay  the  interest  thereon  and  provide 
at  least  two  per  cent  as  a sinking  fund;  and  the  condemnation 
of  the  right  of  way  for  the  erection  of  such  works  shall  be  fully 
provided  for. 

Sec.  8.  The  counties  and  cities  on  the  gulf  coast  being  sub- 
ject to  calamitous  overflows,  and  a very  large  proportion  of  the 
general  revenue  being  derived  from  those  otherwise  prosperous 
localities,  the  Legislature  is  especially  authorized  to  aid,  by 
donation  of  such  portion  of  the  public  domain  as  maj"  be  deemed 
proper,  and  in  such  mode  as  may  be  provided  by  law,  the  con- 
struction of  sea  walls,  or  breakwaters,  such  aid  to  be  propor- 
tioned to  the  extent  and  value  of  the  works  constructed  or  to 
be  constructed  in  any  locality. 

Sec.  0.  The  property  of  counties,  cities  and  towns  owned  and 
held  only  for  public  purposes,  such  as  public  buildings  and  the 
sites  therefor.  Are  engines  and  the  furniture  thereof,  and  all 
pro])erty  used  or  intended  for  extinguishing  fires,  public  grounds 


CONSTITUTION  OF  TEXAS. 


513 


and  all  other  property  deToted  exclusively  to  the  use  and  bene- 
fit of  the  public,  shall  be  exempt  from  forced  sale  and  from 
taxation:  Ih'ovided,  Nothing  herein  shall  prevent  the  enforce- 
ment of  the  vendor’s  lien,  the  mechanic’s  or  builder’s  lien,  or 
other  liens  now  existing. 

Sec.  10.  The  Legislature  may  constitute  any  city  or  town  a 
separate  and  independent  school  district.  And  when  the  citi- 
zens of  any  city  or  town  have  a charter,  authorizing  the  city 
authorities  to  levy  and  collect  a tax  for  the  support  and  main- 
tenance of  a public  institution  of  learning,  such  tax  may  here- 
after be  levied  and  collected,  if,  at  an  election  held  for  that  pur- 
pose, two-thirds  of  the  taxpayers  of  such  city  or  town  shall  vote 
for  such  tax. 

AETICLE  XII. 

Private  CorporaMons. 

Section  1.  No  private  corporation  shall  be  created  except  by 
general  laws. 

Sec.  2.  General  laws  shall  be  enacted  providing  for  the  cre- 
ation of  private  corporations,  and  shall  therein  provide  fully  for 
the  adequate  protection  of  the  public  and  of  the  individual 
stockholders. 

Sec.  3.  The  right  to  authorize  and  regulate  freights,  tolls, 
wharfage,  or  fares,  levied  and  collected  or  proposed  to  be  levied 
and  collected  by  individuals,  companies  or  corporations,  for  the 
use  of  higliways,  landings,  wharves,  bridges  and  ferries,  devoted 
to  public  use,  has  never  been  and  shall  never  be  relinquished 
or  abandoned  by  the  State,  but  shall  always  be  under  legis- 
lative control  and  depend  upon  legislative  authority. 

Sec.  4 The  first  Legislature  assembled  after  the  adoption  of 
this  Constitution  shall  provide  a mode  of  procedure  by  the  Attor- 
ney-General and  district  or  county  attorneys,  in  the  name  and 
behalf  of  the  State,  to  prevent  and  punish  the  demanding  and 
receiving  or  collection  of  any  and  all  charges,  as  freight,  wharf- 
age, fares  or  tolls,  for  the  use  of  property  devoted  to  the  public, 
unless  the  same  shall  have  been  specially  authorized  by  law. 

Sec.,  5.  All  laws  granting  the  right  to  demand  and  collect 
freight,  fares,  tolls  or  wharfage,  shall  at  all  times  be  subject  to 
amendment,  modification,  or  repeal  by  the  Legislature. 

Sec.  6.  No  corporation  shall  issue  stock  or  bonds  except  for 
money  paid,  labor  done,  or  property  actually  received,  and  all 
fictitious  increase  of  stoctk  or  indebtedness  shall  be  void. 

33 


514 


CONSTITUTION  OF  TEXAS. 


Sec.  7.  Nothing  in  this  article  shall  he  construed  to  divest 
or  affect  rights  guaranteed  by  any  existing  grant  or  statute, 
of  this  State,  or  of  the  Republic  of  Texas. 

ARTICLE  XIII. 

Spanish  and  Mexican  Land  Titles. 

Section  I.  All  fines,  penalties,  forfeitures  and  escheats,  which 
have  heretofore  accrued  to  the  Republic  and  the  State  of  Texas, 
under  their  Constitutions  and  laws,  shall  accrue  to  the  State 
under  this  Constitution;  and  the  Legislature  shall  provide  a 
method  for  determining  what  lands  have  been  forfeited,  and 
for  giving  effect  to  escheats;  and  all  such  rights  of  forfeiture  and 
escheat  to  the  State  shall,  ipso  facto,  enure  to  the  protection  of 
the  innocent  holders  of  junior  titles,  as  provided  in  sections 
2,  3 and  4,  of  this  article. 

Sec.  2.  Any  claim  of  title  or  right  to  land  in  Texas,  issued 
prior  to  the  thirteenth  day  of  November,  1835,  not  duly  recorded 
in  the  county  where  the  land  was  situated  at  the  time  of  such 
record;  or  not  duly  archived  in  the  general  land  office;  or  not 
in  the  actual  possession  of  the  grantee  thereof,  or  some  person 
claiming  under  him,  prior  to  the  accruing  of  junior  title  thereto 
from  the  sovereignty  of  the  soil,  under  circumstances  reasonably 
calculated  to  give  notice  to  said  junior  grantee,  has  never  had, 
and  shall  not  have  standing  or  effect  against  such  junior  title, 
or  color  of  title,  acquired  without  such  or  actual  notice  of  such 
prior  claim  of  title  or  right;  and  no  condition  annexed  to  such 
grants,  not  archived,  or  recorded,  or  occupied  as  aforesaid,  has 
been,  or  ever  shall  be  released  or  waived,  but  actual  perform- 
ance of  all  such  conditions  shall  be  proved  by  the  person  or 
persons  claiming  under  such  title  or  claim  of  right  in  order  to 
maintain  action  thereon,  and  the  holder  of  such  junior  title, 
or  color  of  title,  shall  have  all  the  rights  of  the  government 
which  have  heretofore  existed,  or  now  exist,  arising  from  the 
non-performance  of  all  such  conditions. 

Sec.  3.  Non-payment  of  taxes  on  any  claim  of  title  to  land 
dated  prior  to  the  I3th  day  of  November,  1835,  not  recorded 
or  archived,  as  provided  in  section  2,  by  the  person  or  persons 
so  claiming,  or  those  under  whom  he  or  they  so  claim,  from  that 
date  up  to  the  date  of  the  adoption  of  this  Constitution,  shall 
be  held  to  be  a presumption  that  the  right  thereto  has  reverted 
to  the  State,  and  that  said  claim  is  a stale  demand,  which  pre- 


CONSTITUTION  OF  TEXAS. 


515 


sumption  shall  only  be  rebutted  by  payment  of  all  taxes  on  said 
lands,  State,  county,  and  city  or  town,  to  be  assessed  on  the  fair 
value  of  such  lands  by  the  Comptroller,  and  paid  to  him,  without 
commutation  or  deduction  for  an}^  part  of  the  above  period. 

Sec.  4.  No  claim  of  title  or  right  to  land,  which  issued  prior 
to  the  13th  day  of  November,  1835,  which  has  not  been  duly 
recorded  in  the  county  where  the  land  was  situated  at  the  time 
of  such  record,  or  which'  has  not  been  duly  archived  in  the  gen- 
eral land  office,  shall  ever  hereafter  be  deposited  in  the  general 
land  office,  or  recorded  in  this  State,  or  delineated  on  the  maps, 
or  used  as  evidence  in  any  of  the  courts  of  this  State,  and  the 
same  are  stale  claims;  but  this  shall  not  affect  such  rights  or 
presumptions  as  arise  from  actual  possession.  By  the  words, 
^ffiuly  recorded,”  as  used  in  sections  2 and  4 of  this  article,  it 
is  meant  that  such  claim  of  title  or  right  to  land  shall  have 
been  recorded  in  the  proper  office,  and  that  mere  errors  in  the 
certificate  of  registration,  or  informality,  not  affecting  the  fair- 
ness and  good  faith  of  the  holder  thereof,  with  which  the  record 
was  made,  shall  not  be  held  to  vitiate  such  record. 

Sec.  5.  All  claims,  locations,  surveys,  grants  and  titles  of 
any  kind,  which  are  declared  null  and  void  by  the  Constitution 
of  the  Republic  or  State  of  Texas,  are,  and  the  same  shall 
remain  forever  null  and  void. 

Sec.  6.  The  Legislature  shall  pass  stringent  laws  for  the 
detection  and  conviction  of  all  forgers  of  land  titles,  and  may 
make  such  appropriations  of  money  for  that  purpose  as  may  be 
necessary. 

Sec.  T.  Sections  2,  3,  4 and  5 of  this  article,  shall  not  be  so 
construed  as  to  set  aside  or  repeal  aiw  law  or  laws  of  the  Repub- 
lic or  State  of  Texas,  releasing  the  claimants  of  head-rights 
of  colonists  of  a league  of  land,  or  less,  from  compliance  with  the 
conditions  on  which  their  grants  were  made. 

ARTICLE  XIV. 

Public  Lands  and  Land  Office. 

Section  1.  There  shall  be  one  general  land  office  in  the  State, 
which  shall  be  at  the  seat  of  government,  where  all  land  titles 
which  have  emanated  or  may  hereafter  emanate  from  the  State 
shall  be  registered,  except  those  titles  the  registration  of  which 
may  be  prohibited  by  this  Constitution.  It  shall  be  the  duty 
of  the  Legislature  at  the  earliest  practicable  time  to  make  the 


516 


CONSTITUTION  OF  TEXAS. 


land  office  self-sustaining,  and  from  time  to  time  the  Legislature 
may  establish  such  subordinate  offices  as  may  be  deemed 
necessary. 

Sec.  2.  All  unsatisfied  genuine  land  certificates  barred  by 
section  4,  article  10,  of  the  Constitution  of  1869,  by  reason  of 
the  holders  or  owners  thereof  failing  to  have  them  surveyed 
and  returned  to  the  land  office  by  the  first  day  of  January,  1875, 
are  hereby  revived.  All  unsatisfied  genuine  land  certificates 
now  in  existence  shall  be  surveyed  and  returned  to  the  general 
land  office  within  five  years  after  the  adoption  of  this  Constitu- 
tion, or  be  forever  barred ; and  all  genuine  land  certificates  here- 
after issued  by  the  State  shall  be  surveyed  and  returned  to  the 
general  land  office  within  five  years  after  issuance,  or  be  for- 
ever barred:  Provided,  That  all  genuine  land  certificates 

heretofore  or  liereafter  issued  shall  be  located,  surveyed  or 
patented  only  upon  vacant  and  unappropriated  public  domain, 
and  not  upon  any  land  titled  or  equitably  owned  under 
color  of  title  from  the  sovereignty  of  the  State,  evidence  of  the 
appropriation  of  which  is  on  the  county  records  or  in  the  gen- 
eral land  office;  or  when  the  appropriation  is  evidenced  by  the 
occupation  of  the  owner,  or  of  some  person  holding  for  him. 

Sec.  3.  The  Legislature  shall  have  no  power  to  grant  any 
of  the  lands  of  this  State  to  any  railway  company  except  upon 
the  following  restrictions  and  conditions: 

First.  That  there  shall  never  be  granted  to  any  such  corpora- 
tion more  than  sixteen  sections  to  the  mile,  and  no  reservation 
of  any  part  of  the  public  domain  for  the  purpose  of  satisfying 
such  grant  shall  ever  be  made. 

Second.  That  no  land  certificate  shall  be  issued  to  such  com- 
pany until  they  have  equipped,  constructed  and  in  running- 
order  at  least  ten  miles  of  road,  and  on  the  failure  of  such  com- 
pany to  comply  with  the  terms  of  its  charter,  or  to  alienate  its 
land  at  a period  to  be  fixed  by  law,  in  no  event  to  exceed  twelve 
years  from  the  issuance  of  the  patent,  all  said  land  shall  be  for- 
feited to  the  State  and  become  a portion  of  the  public  domain, 
and  liable  to  location  and  survey.  The  Legislature  shall  pass 
general  laws  only,  to  give  effect  to  the  prortsions  of  this  section. 

Sec.  4.  No  certificate  for  land  shall  be  sold  at  the  land  office 
except  to  actual  settlers  upon  the  same,  and  in  lots  not  to  exceed 
one  hundred  and  sixty  acres. 


CONSTITUTION  OF  TEXAS. 


517 


Sec.  5.  All  lands  heretofore  or  hereafter  granted  to  railway 
companies,  where  the  charter  or  law  of  the  State  required  or 
shall  hereafter  require  their  alienation  within  a certain  period, 
on  pain  of  forfeiture,  or  is  silent  oh  the  subject  of  forfeiture, 
and  which  lands  have  not  been  or  shall  not  hereafter  be  alien- 
ated, in  conformity  with  the  terms  of  their  charters  and  the  laws 
under  which  the  grants  were  made,  are  hereby  declared  for- 
feited to  the  State,  and  subject  to  pre-emption,  location  and  sur- 
vey, as  other  vacant  lands.  All  lands  heretofore  granted  to  said 
railroad  companies  to  which  no  forfeiture  was  attached,  on  their 
failure  to  alienate,  are  not  included  in  the  foregoing  clause,  but 
in  all  such  last  named  cases  it  shall  be  the  duty  of  the  Attorney- 
General,  in  every  instance,  where  alienations  have  been  or  here- 
after may  be  made,  to  inquire  into  the  same,  and  if  such  aliena- 
tion has  been  made  in  fraud  of  the  rights  of  the  State,  and  is 
colorable  only,  the  real  and  beneficial  interest  being  still  in  such 
corporation,  to  institute  legal  proceedings  in  the  county  where 
the  seat  of  government  is  situated,  to  forfeit  such  lands  to  the 
State,  and  if  such  alienation  be  judicially  ascertained  to  be 
fraudulent  and  colorable  as  aforesaid,  such  lands  shall  be  for- 
feited to  the  State  and  become  a part  of  the  vacant  public 
domain,  liable  to  pre-emption,  location  and  survey. 

Sec.  6.  To  every  head  of  a family  without  a homestead  there 
shall  be  donated  one  hundred  and  sixty  acres  of  public  land, 
upon  condition  that  he  will  select  and  locate  said  land,  and 
occupy  the  same  three  years,  and  pay  the  office  fees  due  thereon. 
To  all  single  men  of  eighteen  years  of  age  and  upwards  shall  be 
donated  eighty  acres  of  public  land,  upon  the  terms  and  condi- 
tions prescribed  for  heads  of  families. 

Sec.  7.  The  State  of  Texas  hereby  releases  to  the  owner  or 
owners  of  the  soil  all  mines  and  minerals  that  may  be  on  the 
same,  subject  to  taxation  as  other  property. 

Sec.  8.  Persons  residing  between  the  Nueces  river  and  the 
Rio  Grande,  and  owning  grants  for  lands  which  emanated  from 
the  government  of  Spain,  oi*  that  of  Mexico,  which  grants  have 
been  recognized  and  validated  by  the  State,  by  acts  of  the  Leg- 
islature, approved  February  10,  1852,  August  15,  1870,  and  other 
acts,  and  who  have  been  prevented  from  complying  with  the 
requirements  of  said  acts  by  the  unsettled  condition  of  the 
country,  shall  be  allowed  until  the  first  day  of  January,  1880, 
to  complete  their  surveys  and  the  plots  thereof,  and  to  return 


518 


CONSTITUTION  OF  TEXAS. 


their  field-notes  to  the  general  land  office,  and  all  claimants 
failing  to  do  so  shall  be  forever  barred:  Provided,  Nothing 

in  this  section  shall  be  so  construed  as  to  validate  any  titles 
not  already  valid,  or  to  interfere  with  the  rights  of  third  persons. 

ARTICLE  XV. 

Impeachment. 

Section  1.  The  power  of  impeachment  shall  be  vested  in  the 
House  of  Representatives. 

Sec.  2.  Impeachment  of  the  Governor,  Lieutenant-Governor, 
Attorney-General,  Treasurer,  Commissioner  of  the  General  Land 
Office,  Comptroller,  and  the  Judges  of  the  Supreme  Court,  Court 
of  Appeals  and  district  courts,  shall  be  tried  by  the  Senate. 

Sec.  3.  When  the  Senate  is  sitting  as  a court  of  impeachment, 
the  senators  shall  be  on  oath,  or  affirmation,  impartially  to  try 
the  party  impeached,  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  senators  present. 

Sec.  4.  Judgment  in  cases  of  impeachment  shall  extend  only 
to  removal  from  office,  and  disqualification  from  holding  any 
office  of  honor,  trust,  or  profit,  under  this  State.  A party  con- 
victed on  impeachment  shall  also  be  subject  to  indictment, 
trial  and  punishment,  according  to  law. 

Sec.  5.  All  officers  against  whom  articles  of  impeachment 
may  be  preferred  shall  be  suspended  from  the  exercise  of  the 
duties  of  their  office  during  the  pendency  of  such  impeachment. 
The  Governor  may  make  a provisional  appointment  to  fill  the 
vacancy  occasioned  by  the  suspension  of  an  officer  until  the 
decision  on  the  impeachment. 

Sec.  6.  Any  judge  of  the  district  courts  of  the  State  who  is 
incompetent  to  discharge  the  duties  of  his  office,  or  who  shall  be 
guilty  of  partiality,  or  oppression,  or  other  official  misconduct, 
or  whose  habits  and  conduct  are  such  as  to  render  him  unfit 
to  hold  such  office,  or  who  shall  negligently  fail  to  perform  his 
duties  as  judge,  or  who  shall  fail  to  execute  in  a reasonable 
measure  the  business  in  his  courts,  may  be  removed  by  the 
Supreme  Court.  The  Supreme  Court  shall  have  original  juris- 
diction to  hear  and  determine  the  causes  aforesaid  when  pre- 
sented in  writing  upon  the  oaths,  taken  before  some  judge  of  a 
court  of  record,  of  not  less  than  ten  lawyers,  practicing  in  the 
courts  held  by  such  judge,  and  licensed  to  practice  in  the 
Supreme  Court;  said  presentment  to  be  founded  either  upon  the 


CONSTITUTION  OF  TEXAS. 


519 


knowledge  of  the  persons  making  it  or  upon  the  written  oaths 
as  to  the  facts  of  creditable  witnesses.  The  Supreme  Court 
may  issue  all  needful  process  and  prescribe  all  needful  rules  to 
give  effect  to  this  section.  Causes  of  this  kind  shall  have  pre- 
cedence and  be  tried  as  soon  as  practicable. 

Sec.  7.  The  Legislature  shall  provide  by  law  for  the  trial  and 
removal  from  office  of  all  officers  of  this  State,  the  modes  for 
which  have  not  been  provided  in  this  Constitution. 

Address. 

Sec.  8.  The  judges  of  the  Supreme  Court,  Court  of  Appeals 
and  district  courts,  shall  be  removed  by  the  Governor  on  the 
address  of  two-thirds  of  each  house  of  the  Legislature,  for  willful 
neglect  of  duty,  incompetency,  habitual  drunkenness,  oppression 
in  office,  or  other  reasonable  cause  which  shall  not  be  sufficient 
ground  for  impeachment:  Provided,  however.  That  the  cause 

or  causes  for  which  such  removal  shall  be  required  shall  be 
stated  at  length  in  such  address  and  entered  on  the  journals 
of  each  house:  and  provided  further,  that  the  cause  or  causes 

shall  be  notified  to  the  judge  so  intended  to  be  removed,  and  he 
shall  be  admitted  to  a hearing  in  his  own  defense  before  any 
vote  for  such  address  shall  pass;  and  in  all  such  cases  the  vote 
shall  be  taken  by  yeas  and  nays  and  entered  on  the  journals  of 
each  house  respectively. 


ARTICLE  XVI. 

Genercd  Provisions. 

Section  1.  Members  of  the  Legislature  and  all  officers,  before 
they  enter  upon  the  duties  of  their  offices,  shall  take  the  follow- 
ing oath  or  affirmation:  “I,  , do  solemly  swear  (or 

affirm),  that  I will  faithfully  and  impartially  discharge  and  per- 
form all  the  duties  incumbent  upon  me  as  , according 

to  the  best  of  my  skill  and  ability,  agreeably  to  the  Constitution 
and  laws  of  the  United  States  and  of  this  State;  and  I do  further 
solemnly  swear  (or  affirm),  that  since  the  adoption  of  the  Con- 
stitution of  this  State,  I,  being  a citizen  of  this  State,  have  not 
fought  a duel  with  deadly  weapons,  within  this  State  nor  out 
of  it,  nor  have  I sent  nor  accepted  a challenge  to  fight  a duel 
with  deadly  weapons,  nor  have  I acted  as  second  in  carrying 
a challenge,  or  aided,  advised  or  assisted  any  person  thus  offend- 
ing: And  I furthermore  solemnly  swear  (or  affirm),  that  I have 


520 


CONSTITUTION  OF  TEXAS. 


not,  directly  nor  indirectly,  paid,  offered  or  promised  to  pay,  con- 
tributed nor  promised  to  contribute,  any  money  or  valuable 
thing,  or  promised  any  public  office  or  employment,  as  a reward 
for  the  giving  or  withholding  a vote  at  the  election  at  which  I 
was  elected  (or,  if  the  office  is  one  of  appointment,  to  secure  my 
appointment):  So  help  me  God.” 

Sec.  2.  Laws  shall  be  made  to  exclude  from  office,  serving  on 
juries,  and  from  the  right  of  sufferage,  those  who  may  have  been 
or  shall  hereafter  be  convicted  of  bribery,  perjury,  forgery  or 
other  high  crimes.  The  privilege  of  free  suffrage  shall  be  pro- 
tected by  laws  regulating  elections,  and  prohibiting  under 
adequate  penalties  all  undue  influence  therein  from  .power, 
bribery,  tumult,  or  other  improper  practice. 

Sec.  3.  The  Legislature  shall  make  provision  whereby  per- 
sons convicted  of  misdemeanors  and  committed  to  the  county 
jails  in  default  of  payment  of  fines  and  costs,  shall  be  required 
to  discharge  such  fines  and  costs  by  manual  labor,  under  such 
ing,  shall  be  deprived  of  the  right  of  suffrage,  or  of  holding  any 
regulations  as  may  be  prescribed  by  law. 

Sec.  4.  Any  citizen  of  this  State  who  shall,  after  the  adop- 
tion of  this  Constitution,  fight  a duel  with  deadly  weapons, 
or  send  or  accept  a challenge  to  fight  a duel  with  deadly 
weapons,  either  within  this  State  or  out  of  it,  or  who>  shall  act 
as  second,  or  knowingly  assist  in  any  manner  those  thus  offend- 
shall  be  deprived  of  the  right  of  suffrage,  or  of  holding  any 
office  of  trust  or  profit  under  this  State. 

Sec.  5.  Every  person  shall  be  disqualified  from  holding  any 
office  of  profit  or  trust  in  this  State  who  shall  have  been  con- 
victed of  having  given  or  offered  a bribe  to  procure  his  election 
or  appointment. 

Sec.  6.  No  appropriation  for  private  or  individual  purposes 
shall  be  made.  A regular  statement  under  oath,  and  an  account 
of  the  receipts  and  expenditures  of  all  public  money,  shall  be 
published  annually,  in  such  manner  as  shall  be  prescribed  by 
law. 

Sec.  7.  The  Legislature  shall  in  no  case  have  power  to  issue 
^ffreasury  warrants,”  “treasury  notes,”  or  paper  of  any  descrip- 
tion intended  to  circulate  as  money. 

Sec.  8.  Each  county  in  the  State  may  provide,  in  such  man- 
ner as  may  be  prescribed  by  law,  a manual  labor  poor-house  and 


CONSTITUTION  OF  TEXAS. 


521 


farm,  for  taking  care  or,  managing,  employing  and  supplying 
the  wants  of  its  indigent  and  poor  inhabitants. 

Sec.  9.  Absence  on  business  of  the  State  or  of  the  United 
States  shall  not  forfeit  a residence  once  obtained,  so  as  to 
deprive  any  one  of  the  right  of  suffrage,  or  of  being  elected  or 
appointed  to  any  office,  under  the  exceptions  contained  in  this 
Constitution. 

Sec.  10.  The  Legislature  shall  provide  for  deductions  from 
the  salaries  of  public  officers  who  may  neglect  the  performance 
of  any  duty  that  may  be  assigned  them  by  law. 

Sec.  11.  All  contracts  for  a greater  rate  of  interest  than  ten 
per  centum  per  annum  shall  be  deemed  usurious,  and  the  first 
Legislature  after  this  amendment  is  adopted  shall  provide  appro- 
priate pains  and  penalties  to  prevent  the  same;  but  when  no 
rate  of  interest  is  agreed  upon,  the  rate  shall  not  exceed  six 
per  centum  per  annum. 

Sec.  12.  No  member  of  Congress,  nor  person  holding  or  exer- 
cising any  oflice  of  profit  or  trust  under  the  United  States,  or 
either  of  them,  or  under  any  foreign  power,  shall  be  eligible  as 
a member  of  the  Legislature,  or  hold  or  exercise  any  office  of 
profit  or  trust  under  this  State. 

Sec.  13.  It  shall  be  the  duty  of  the  Legislature  to  pass  such 
law’s  as  may  be  necessary  and  proper  to  decide  differences  by 
arbitration,  when  the  parties  shall  elect  that  method  of  trial. 

Sec.  14.  AH'civil  officers  shall  reside  wdthin  the  State,  and  all 
district  or  county  officers  within  their  districts  or  counties,  and 
shall  keep  their  offices  at  such  places  as  may  be  required  by  law; 
and  failure  to  comply  with  this  condition  shall  vacate  the  office 
so  held. 

Sec.  15.  All  property,  both  real  and  personal,  of  the  wife, 
owned  or  claimed  by  her  before  marriage,  and  that  acquired 
afterward  by  gift,  devise  or  descent,  shall  be  her  separate  prop- 
erty; and  laws  shall  be  passed  more  clearly  defining  the  rights 
of  the  w’ffe  in  relation  as  well  to  her  separate  property  as  that 
held  in  common  with  her  husband.  Laws  shall  also  be  passed 
providing  for  the  registration  of*  the  wife’s  separate  property. 

Sec.  1C).  No  corporate  body  shall  hereafter  be  created, 
renewed  or  extended  with  banking  or  discounting  privileges. 

Sec.  17.  All  officers  within  this  State  shall  continue  to  per- 
form the  duties  of  their  offices  until  their  successors  shall  be  duly 
qualified. 


522 


CONSTITUTION  OF  TEXAS. 


Sec.  18.  The  rights  of  property  and  of  action,  which  have 
been  acquired  under  the  Constitution  and  the  laws  of  the  repub- 
lic and  State,  shall  not  be  divested;  nor  shall  any  rights  or 
actions  wliich  have  been  divested,  barred,  or  declared  nuU  and 
void  by  the  Constitution  of  the  republic  and  State,  be  reinvested, 
renewed,  or  reinstated  by  this  Constitution;  but  the  same  shall 
remain  precisely  in  the  situation  which  they  were  before  the 
adoption  of  this  Constitution,  unless  otherwise  herein  provided: 
And  provided  further.  That  no  cause  of  action  heretofore  barred 
shall  be  revived. 

Sec.  19.  The  Legislature  shall  prescribe  by  law  the  qualifica- 
tions of  grand  and  petit  jurors. 

Sec.  20.  The  Legislature  shall  at  its  first  session  enact  a law 
whereby  the  qualified  voters  of  any  county,  justice’s  precinct, 
town,  city  (or  such  subdivision  of  a county  as  may  be  designated 
by  the  commissioners’  court  of  said  county)  may  by  a majority 
vote  determine  from  time  to  time  whether  the  sale  of  intoxi- 
cating liquors  shall  be  prohibited  within  the  prescribed  limits. 

Sec.  21.  All  stationery  and  printing,  except  proclamations 
and  such  printing  as  may  be  done  at  the  deaf  and  dumb  asylum, 
paper  and  fuel  used  in  the  Legislative  and  other  departments 
of  the  government,  except  the  judicial  department,  shall  be 
furnished  and  the  printing  and  binding  of  the  laws,  journals 
and  department  reports,  and  all  other  printing  and  binding, 
and  the  repairing  and  furnishing  the  halls  and  rooms  used  for 
the  meetings  of  the  Legislature  and  its  committees,  shall  be 
performed  under  contract,  to  be  given  to  the  lowest  responsible 
bidder,  below  such  maximum  price  and  under  such  regulations 
as  shall  be  prescribed  by  law.  No  member  or  ofdcer  of  any 
department  of  the  government  shall  be  in  any  -way  interested 
in  such  contracts;  and  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor,  Secretary  of  State  and  Comptroller. 

Sec.  22.  The  Legislature  shall  have  the  power  to  pass  such 
fence  laws,  applicable  to  any  subdivision  of  the  State  or  counties, 
as  may  be  needed  to  meet  the  wants  of  the  people. 

Sec.  23.  The  Legislature  may  pass  laws  for  the  regulation 
of  live  stock,  and  the  protection  of  stock-raisers  in  the  stock- 
raising  portion  of  the  Slate,  and  exempt  from  the  operation 
of  such  laws  other  portions,  sections  or  counties;  and  shall  have 
power  to  pass  general  and  special  laws  for  the  inspection  of 
cattle,  stock  and  hides,  and  for  the  regulation  of  brands:  Pro- 


CONSTITUTION  OF  TEXAS. 


523 


vided,  That  any  local  law  thus  passed  shall  he  submitted  to  the 
freeholders  of  the  section  ^to  be  affected  thereby,  and  approved 
by  them  before  it  shall  go  into  effect. 

Sec.  24.  The  Legislature  shall  make  provision  for  laying  out 
and  working  public  roads,  for  the  building  of  bridges,  and  for 
utilizing  fines,  forfeitures  and  convict  labor  to  all  these  purposes. 

Sec.  25.  That  all  drawbacks  and  rebatement  of  insurance, 
freight,  transportation,  carriage,  wharfage,  storage,  compressing, 
baling,  repairing,  or  for  any  other  kind  of  labor  or  service,  of 
or  to  any  cotton,  grain  or  any  other  produce  or  article  of  com- 
merce in  this  State,  paid  or  allowed  or  contracted  for,  to  any 
common  carrier,  shipper,  merchant,  commission  merchant, 
factor,  agent,  or  middleman  of  any  kind,  not  the  true  and  abso- 
lute owner  thereof,  are  forever  pix)hibited,  and  it  shall  be  the 
duty  of  the  Legislature  to  pass  effective  laws  punishing  all  per- 
sons in  this  State  who  pay,  receive,  or  contract  for  or  respecting 
the  same. 

Sec.  26.  Every  person,  corporation  or  company  that  may 
commit  a homicide,  through  willful  act  or  omission  or  gross  neg- 
lect, shall  be  responsible  in  exemplary  damages  to  the  surviving 
husband,  wife,  heirs  of  his  or  her  body,  or  such  of  them  as  there 
may  be,  without  regard  to  any  criminal  proceeding  that  may  or 
may  not  be  had  in  relation  to  the  homicide. 

Sec.  27.  In  all  elections  to  fill  vacancies  of  office  in  this  State, 
it  shall  be  to  fill  the  unexpired  term  only. 

Sec.  28.  No  current  wages  for  personal  service  shall  ever 
be  subject  to  garnishment. 

Sec.  29.  The  Legislature  shall  provide  by  law  for  defining 
and  punishment  barratry. 

Sec.  30.  The  duration  of  all  offices  not  fixed  by  this  Constitu- 
tion shall  never  exceed  two  years. 

Sec.  31.  The  Legislature  may  pass  laws  prescribing  the  quali- 
fications of  practitioners  of  medicine  in  this  State,  and  to  punish 
persons  for  malpractice,  but  no  preference  shall  ever  be  given 
by  law  to  any  schools  of  medicine. 

Sec.  32.  The  Legislature  may  provide  by  law  for  the  estab- 
lishment of  a board  of  health  and  vital  statistics,  under  such 
rules  and  regulations  as  it  may  deem  proper. 

Sec.  33.  The  accounting  officers  of  this  State  shall  neither 
draw  nor  pay  a warrant  upon  the  treasury  in  favor  of  any  per- 
son, for  salary  or  compensation  as  agent,  officer  or  appointee. 


524 


CONSTITUTIO^^^  OF  TEXAS. 


who  holds  at  the  same  time  any  other  office  or  position  of  honor, 
trust  or  profit,  under  this  State  or  the  United  States,  except 
as  prescribed  in  this  Constitution. 

Sec.  34.  The  Legislature  shall  pass  laws  authorizing  the  Gov- 
ernor to  lease  or  sell  to  the  government  of  the  United  States 
a sufficient  quantity  of  the  public  domain  of  the  State  necessary 
for  the  erection  of  forts,  barracks,  arsenals,  and  military  stations 
or  camps,  and  for  other  needful  military  purposes;  and  the 
action  of  the  Governor  therein  shall  be  subject  to  the  approval 
of  the  Legislature. 

Sec.  35.  The  Legislature  shall,  at  its  first  session,  pass  laws 
to  protect  laborers  on  public  buildings,  streets,  roads,  railroads, 
canals  and  other  similar  public  works,  against  the  failure  of  con- 
tractors and  subcontractors  to  pay  their  current  wages  when 
due,  and  to  make  the  corporation,  company  or  individual  for 
whose  benefit  the  work  is  done,  responsible  for  their  ultimate 
payment. 

Sec.  36.  The  Legislature  shall,  at  its  first  session,  provide  for 
the  payment  or  funding,  as  they  may  deem  best,  of  the  amounts 
found  to  be  justly  due  to  the  teachers  in  the  public  schools  by 
the  State,  for  service  rendered  prior  to  the  1st  day  of  July,  1873, 
and  for  the  payment  by  the  school  districts  in  the  State  of 
amounts  justly  due  teachers  of  public  schools  by  such  district 
to  January,  1876. 

Sec.  37.  Mechanics,  artisans  and  materialmen,  of  every  class, 
shall  have  a lien  upon  the  buildings  and  articles  made  or 
repaired  by  them,  for  the  value  of  their  labor  done  thereon,  or 
material  furnished  therefor;  and  the  Legislature  shall  provide 
by  law  for  the  speedy  and  efficient  enforcement  of  said  liens. 

Sec.  38.  The  Legislature  may,  at  such  time  as  the  public 
interest  may  require,  provide  for  the  office  of  commissioner  of 
insurance,  statistics  and  history,  whose  term  of  office,  duties 
and  salary  shall  be  prescribed  by  law. 

Sec.  39.  The  Legislature  may,  from  time  to  time,  make  appro- 
priations for  preserving  and  perpetuating  memorials  of  the  his- 
tory of  Texas,  by  means  of  monuments,  statues,  printings,  and 
documents  of  historical  value. 

Sec.  40.  No  person  shall  hold  or  exercise,  at  the  same  time, 
more  than  one  civil  office  of  emolument,  except  that  of  justice  of 
the  peace,  county  commissioner,  notary  public  and  postmaster, 
unless  otherwise  specially  provided  herein. 


CONSTITUTION  OF  TEXAS. 


525 


Sec.  41.  Any  person  who  shall,  directly  or  indirectly  offer, 
give  or  promise,  any  money  or  thing  of  value,  testimonial, 
privilege  or  personal  advantage,  to  any  executive  or  judicial 
officer  or  member  of  the  Legislature,  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  be  guilty 
of  bribery,  and  be  punished  in  such  manner  as  shall  be  provided 
by  law.  And  any  member  of  the  Legislature,  or  executive  or 
judicial  officer,  who  shall  solicit,  demand  or  receive,  or  consent  to 
receive,  directly  or  indirectly,  for  himself  or  for  another,  from 
any  company  corporation  or  person,  any  money,  appointment, 
employment,  testimonial,  reward,  thing  of  value  or  emploj^ment, 
or  of  personal  advantage  or  promise  thereof,  for  his  vote  or 
official  influence,  or  for  withholding  the  same,  or  with  any  under- 
standing, expressed  or  implied,  that  his  vote  or  official  action 
shall  be  in  any  way  influenced  thereby,  or  who  shall  solicit, 
demand  and  receive  any  such  money  or  other  advantage,  matter 
or  thing  aforesaid,  for  another,  as  the  consideration  of  his  vote 
or  official  influence,  in  consideration  of  the  payment  or  promise 
of  such  money,  advantage,  matter  or  thing  to  another,  shall  be 
held  guilty  of  bribery,  within  the  meaning  of  the  Constitution, 
and  shall  incur  the  disabilities  provided  for  said  offenses,  with  a 
forfeiture  of  the  office  they  may  hold,  and  such  other  additional 
Dunishment  as  is  or  shall  be  provided  by  law. 

Sec.  42.  The  Legislature  may  establish  an  inebriate  asylum, 
for  the  cure  of  drunkenness  and  reform  of  inebriates. 

Sec.  43.  No  man  or  set  or  men  shall  ever  be  exempted, 
relieved  or  discharged,  from  the  performance  of  any  public  duty 
or  service  imposed  by  general  law,  by  any  special  law.  Exemp- 
tions from  the  ]^erformance  of  such  public  duty  or  service  shall 
only  be  made  by  general  law. 

Sec.  44.  The  Legislature  shall  prescribe  the  duties,  and  pro- 
vide for  the  election,  by  the  qualified  voters  of  each  county  in 
this  State,  of  a County  Treasurer  and  a County  Surveyor,  who 
shall  have  an  office  at  the  county  seat,  and  hold  their  office  for 
two  vears,  and  until  their  successors  are  qualified;  and  shall 
have  such  compensation  as  may  be  provided  by  law. 

Sec.  45.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  ^‘ollecting,  arranging  and  safely  keeping  such  records,  rolls, 
correspondence,  and  other  documents,  civil  and  military,  relating 
to  the  history  of  Texas,  as  may  be  now  in  the  possession  of 
parties  willing  to  confide  them  to  the  care  and  preservation  of 
the  State.  i 


526 


CONSTITUTION  OF  TEXAS. 


Sec.  46.  The  Legislature  shall  provide  by  law  for  organizing 
and  disciplining  the  militia  of  the  State,  in  such  manner  as  they 
shall  doom  expedient,  not  incom})atible  with  the  Constitution 
and  the  laws  of  the  United  States. 

Sec.  47.  Any  person  who  conscientiously  scruples  to  bear 
of  this  Constitution,  it  is  declared  that  all  process  and  writs  of 
arms,  shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent 
for  personal  service. 

Sec.  48.  All  laws  and  parts  of  laws  now  in  force  in  the  State 
of  Texas,  which  are  not  repugnant  to  the  Constitution  of  the 
United  States  or  to  this  Constitution,  shall  continue  and  remain 
in  force  as  the  laws  of  this  State,  until  they  expire  by  their  own 
limitation  or  shall  be  amended  or  repealed  by  the  Legislature. 

Sec.  49.  The  Legislature  shall  have  power,  and  it  shall  be 
its  duty,  to  protect  by  law  from  forced  sale  a certain  portion  of 
the  personal  property  of  all  heads  of  families,  and  also  of  unmar- 
ried adults,  male  and  female. 

Sec.  50.  The  homestead  of  a family  shall  be,  and  is  hereby 
protected  from  forced  sale,  for  the  payment  of  all  debts  except 
for  the  purchase-money  thereof,  or  a part  of  such  purchase- 
money,  the  taxes  due  thereon,  or  for  work  and  material  used  in 
constructing  improvements  thereon,  and  in  this  last  case  only 
when  the  work  and  material  are  contracted  for  in  writing,  with 
the  consent  of  the  wife  given  in  the  same  manner  as  is  required 
in  making  a sale  and  conveyance  of  the  homestead;  nor  shall 
the  owner,  if  a married  man,  sell  the  homestead  without  the  con- 
sent of  the  wife,  given  in  such  manner  as  may  be  i:>rescribed  by 
law.  No  mortgage,  trust  deed  or  other  lien  on  the  homestead 
shall  ever  be  valid,  except  for  the  purcliase-money  therefor,  or 
improvements  made  thereon,  as  hereinbefore  provided,  whether 
such  mortgage,  or  trust  deed,  or  other  lien,  shall  have  been 
created  by  the  husband  alone  or  together  with  his  wife;  and 
all  pretended  sales  of  the  homestead  involving  any  condition 
of  defeasance  shall  be  void. 

Sec.  51.  The  homestead  not  in  a towm  or  city  shall  consist 
of  not  more  than  two  hundred  acres  of  land,  which  may  be  in 
one  or  more  parcels,  with  the  improvements  thereon;  the  home- 
stead in  a city,  towui  or  village,  shall  consist  of  lot  or  lots,  not 
to  exceed  in  value  live  thousand  dollars  at  the  time  of  their 
designation  as  the  homestead,  wdthout  reference  to  the  value  of 
any  improvements  thereon:  Provided,  That  the  same  shall  be 


CONSTITUTION  OF  TEXAS. 


527 


used  for  the  purposes  of  a home,  or  as  a place  to  exercise  the  call- 
ing or  business  of  the  head  of  a family:  Provided,  also.  That 

any  temporary  renting  of  the  homestead  shall  not  change  the 
character  of  the  same,  when  no  other  homestead  has  been 
acquired. 

Sec.  52.  On  the  death  of  the  husband  or  wife,  or  both,  the 
homestead  .shall  descend  and  vest  in  like  manner  as  other  real 
property  of  the  deceased,  and  shall  be  governed  by  the  same 
laws  of  descent  and  distribution,  but  it  shall  not  be  partitioned 
among  the  heirs  of  the  deceased  during  the  lifetime  of  the  sur- 
viving husband  or  wife,  or  so  long  as  the  survivor  may  elect  to 
use  or  occupy  the  same  as  a homestead,  or  so  long  as  the  guar- 
dian of  the  minor  children  of  the  deceased  may  be  permitted, 
under  the  order  of  the  proper  court  having  the  jurisdiction,  to 
use  and  occupy  the  same. 

Sec.  53.  That  no  inconvenience  may  arise  from  the  adoption 
all  kinds  which  have  been  or  may  be  issued  and  not  returned 
or  executed  when  this  constitution  is  adopted,  shall  remain  valid, 
and  shall  not  be  in  any  way  affected  by  the  adoption  of  this 
Constitution. 

Sec.  54.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  custody  and  maintenance  of  indigent  lunatics,  at  the 
expense  of  the  State,  under  such  regulations  and  restrictions 
as  the  Legislature  may  prescribe. 

Sec.  55.  The  Legislature  may  provide  annual  pensions,  not 
to  exceed  one  hundred  and  fifty  dollars  per  annum,  to  surviving 
soldiers  or  volunteers  in  the  war  between  Texas  and  Mexico, 
from  the  commencement  of  the  revolution  in  1835,  until  the  1st 
of  January,  1837;  and  also  to  the  surviving  signers  of  the 
declaration  of  independence  of  Texas;  and  to  the  surviving 
widows,  continuing  unmarried,  of  such  soldiers  and  signers:  Pro- 
vided, That  no  such  pension  be  granted  except  to  those  in 
indigent  circumstances,  proof  of  which  shall  be  made  before 
the  county  court  of  the  county  where  the  applicant  resides,  in 
such  manner  as  may  be  provided  by  law. 

Sec.  56.  The  Legislature  shall  have  no  power  to  appropriate 
any  of  the  public  money  for  the  establishment  and  main- 
tenance of  a bureau  of  immigration,  or  for  any  purpose  of  bringing 
immigrants  to  this  State. 

Sec.  57.  Three  millions  acres  of  the  public  domain  are  hereby 
appropriated  and  set  apart  for  the  purpose  of  erecting  a new 


528 


CONSTITUTION  OF  TEXAS. 


State  capitol  and  other  necessary  public  buildings  at  the  seat 
of  government,  said  lands  to  be  sold  under  the  direction  of  the 
Legislature;  and  the  legislature  shall  pass  suitable  laws  to  carry 
this  section  into  effect. 

ARTICLE  XVn. 

Mode  of  A'rnending  the  Constitution  of  this  State. 

Section  1.  The  Legislature,  at  any  biennial  session,  by  a vote 
of  two-thirds  of  all  the  members  elected  to  each  house,  to  be 
entered  by  yeas  and  na^^s  on  the  journals,  may  propose  amend- 
ments to  the  Constitution,  to  be  voted  upon  by  the  qualified 
electors  for  members  of  the  Legislature,  which  proposed  amend- 
ments shall  be  duly  published  once  a week  for  four  weeks,  com- 
mencing at  least  three  months  before  an  election,  the  time  of 
which  shall  be  specified  by  the  Legislature,  in  one  weekly  news- 
paper of  each  county  in  which  such  a newspaper  may  be  pub- 
lished; and  it  shall  be  the  duty  of  the  several  returning  officers 
of  said  election  to  open  a poll  for,  and  make  returns  to  the  Secre- 
taiw  of  State  of  the  number  of  legal  votes  cast  at  said  election  for 
and  against  said  amendments:  and  if  more  than  one  be  pro- 
posed, then  the  number  of  votes  cast  for  and  against  each  of 
them;  and  if  it  shall  appear  from  said  return  that  a majority 
of  the  votes  cast  have  been  cast  in  favor  of  any  amendment  the 
said  amendment  so  receiving  a majority  of  the  votes  cast  shall 
become  a part  of  this  Constitution,  and  proclamation  shall  be 
made  by  the  Governor  thereof. 


CONSTITUTION 


OF  THE 


STATE  OF  VERMONT. 


CONSTITUTION  OF  THE  STATE  OF  VERMONT. 


CHAPTER  1. 

A declaration  of  the  rights  of  the 
inhabitants  of  the  State  of  Ver- 
mont. 

Article 

1.  All  men  bom  free;  their  natural 

rights;  slavery  prohibited. 

2.  Private  property  subject  to  pub- 

lic use;  owner  to  be  paid. 

3.  Freedom  in  religion;  right  and 

duty  of  religious  worship. 

4.  Remedy  at  law  secured  to  all. 

5.  People  by  the  Legislature,  to 

regulate  internal  police. 

6.  Officers  servants  of  the  people. 

7.  Government  for  the  people;  they  , 

may  change  it. 

8.  Elections  to  be  free  and  pure; 

rights  of  freemen  therein. 

9.  Citizen’s  rights  and  duties  In 

the  State.  — Bearing  arms.  — 
Taxation. 

10.  Rights  of  persons  accused  of 

crime.  Personal  liberty.  < 

11.  Search  and  seizure  regulated. 

12.  Trial  by  jury  to  be  held  sacred. 

13.  Freedom  of  speech  and  of  the 

press. 

14.  Immunity  for  words  spoken  in 

legislative  debate. 

15.  Legislature  only  may  suspend  I 

laws. 

16.  Right  to  bear  arms;  standing 

armies;  military  power  subor- 
dinate to  civil. 

17.  Martial  law  restricted. 

18.  Regard  to  fundamental  princi- 

ples and  virtues,  necessary  to 
preserve  liberty. 

19.  Right  to  emigrate. 

20.  Right  to  assemble,  instruct  and 

petition. 

21.  No  transportation  for  trial. 

CHAPTER  2. 

Plan  or  frame  of  government. 
Section 

1.  Superseded. 


Section 

2.  Superseded. 

3.  Superseded. 

4.  Courts  of  justice  in  each  county; 

judges. 

5.  Courts  of  chancery  may  be 

erected. 

6.  Legislative,  executive  and  judi- 

ciary departments  to  be  dis- 
tinct. 

7.  Town  representation. 

8.  Election  of  representatives. 

9.  Powers  of  the  Legislature. 

10.  Election  of  Governor,  Lieuten- 

ant-Governor and  Treasurer. 

11.  Governor  and  executive  power. 

12.  Representative’s  oaths. 

13.  Doors  of  general  assembly  to  be 

open. 

14.  Journals,  with  yeas  and  nays  to 

be  printed. 

15.  Style  of  laws. 

16.  Superseded. 

17.  Only  money  appropriated  by 

act  of  legislation  to  be  drawn 
from  treasury. 

18.  Residence  of  representatives. 

19.  Represeutatives  not  to  act  as 

counsel  or  take  fee  for  advo- 
cating bill. 

20.  Legislature  not  to  declare  any 

guilty  of  treason  or  felony. 

21.  Freeman’s  qualifications  and 

oath. 

22.  Inhabitants  to  be  armed  and 

trained.— Officers  of  militia. 

23.  Form  of  commissions;  State 

seal. 

24.  Impeachments;  all  officers  liable 

to;  no  bar  to  prosecution  at 
law. 

25.  Officers  of  profit  forbidden. — 

Officers  to  have  reasonable 
compensation.  — Fees  to  be 
lessened.  — Receiving  illegal 
fees. 

i 26.  Incompatible  offices. — Federal 
officers  ineligible. 


532 


CONSTITUTION  OF  VERMONT. 


Section  | 

27.  Superseded. 

28.  Treasurer’s  accounts  to  be  aud-  ! 

ited.  I 

29.  Oaths  of  allegiance  and  office.— 

Every  officer  to  take  and  sub- 
scribe them. 

30.  Eligibility  of  Governor  and  i 

Lieutenant-Governor.  j 

31.  Trials  of  proper  issues  to  be  by  j 

jury.  j 

32.  Form  of  prosecutions  and  indict-  ; 

ments.— Fines.  | 

33.  Imprisonment  for  debt  restrict-  i 

ed. — Prisoners  bailable. — No  ex-  i 
cessive  bail.  | 

34.  Elections  to  be  free  and  volun-  | 

tary;  punishment  for  corrup- 
tion. 

35.  Deeds  to  be  recorded. 

36.  Entails  to  be  regulated. 

37.  Punishment  for  crimes  not  capi- 

tal to  be  hard  labor. 

38.  Suicide’s  estate  not  to  be  for- 

feited.— No.  deodand. 

39.  Citizenship,  how  obtained. 

40.  Liberty  to  hunt,  fowl  and  fish. 

41.  Laws  to  encourage  virtue  and 

prevent  vice  to  be  kept  in 
force.  — Schools  to  be  main- 
tained and  religious  societies 
encouraged. 

42.  Declaration  of  rights  not  to  be 

violated. 

43.  Abrogated. 

ARTICLES  OP  AMENDMENT. 
Article 

1.  Foreigners  to  be  naturalized  be- 

fore becoming  freemen. 

2.  House  of  Representatives. 

3.  General  assembly;  like  powers 

of  Senate  and  House  in  legis- 
lation. — Revenue  bills.  — Ad- 
journment. 

4.  Superseded. 

5.  Election  of  Senators;  duties  of 

several  officers  therein. — Legis- 
lature may  regulate  the  elec- 
tion. 

6.  Powers  of  the  Senate. — Lieuten- 

ant-Governor to  be  present 
and  have  casting  vote. 


Article 

7.  Senate  to  try  impeachments. — 

Extent  of  judgment. 

8.  Governor  supreme  executive, 

his  powers. — May  appoint  sec- 
retary of  civil  and  military 
affairs. 

9.  General  assembly  to  canvass 

votes  for  Governor,  Lieuten- 
ant-Governor and  Treasurer; 
and  to  elect  these  officers  if 
the  freemen  do  not. 

10.  General  assembly  to  elect  Sec- 

retarv  of  State  and  certain 
other  officers. 

11.  Bills  to  be  sent  to  the  Governor; 

to  be  signed  by  him  if  ap- 
proved.— Veto  and  proceedings 
thereon. — Bills  not  returned. 

12.  Writs  of  habeas  corpus  not  to 

be  suspended. 

13.  Effects  of  certain  amendments 

to  the  Constitution. 

: 14.  Freemen  to  elect  assistant 
judges  of  the  County  Court. 

15.  Freemen  to  elect  sheriffs  and 

i high  bailiffs. 

16.  Freemen  to  elect  State’s  attor- 

j neys . 

; 17.  Freemen  to  elect  judges  of  pro- 
i bate. 

18.  Freemen  to  elect  justices  of  the 
I peace. — Number  of  justices  in 

each  town. 

I 19.  Officers  named  in  five  preceding 
sections  to  be  elected  by  bal- 
lot. 

20.  Election  of  assistant  judges  of 

I the  County  Court,  sheriffs, 

i high  bailiffs.  State’s  attorneys, 

judges  of  probate,  and  justices 
of  the  peace;  the  Governor  to 
I commission  them. 

21.  Legislature  to  provide  for  va- 

cancy in  offices  of  Governor, 
and  Lieutenant  - Governor.  — 
Governor  may  appoint  a treas- 
urer to  fill  a vacancy. 

22.  Securities  to  be  given  by  trea- 

surer, sheriffs  and  high  bail- 
^ iffs. 

I 23.  Senators;  their  number,  qualifl- 
I cations  and  apportionment. 


CONSTITUTION  OF  VERMONT. 


533 


Article. 

24.  Sec.  1.  Biennial  sessions. — Sec.  2. 

Biennial  elections.  — Sec.  3. 
Term  of  office  of  the  Governor, 
Lrieutenant  - Governor  and 
Treasurer. — Sec.  4.  Term  of  of- 
fice of  Senators  and  Represen- 
tatives.— Sec.  5.  Term  of  office 
of  county  officers. 

25.  Sec.  1 Mode  of  amending  Consti- 

tution.— Sec.  2.  General  assem- 
bly may  direct  manner  of  vot- 


Article. 

ing  on  amendments.  — Sec.  3. 
House  of  Representatives  may 
order  impeachments.  — Sec.  4. 
Council  of  censors  abolished. 

26.  Term  of  office  of  judges  of  the 

Supreme  Court. 

27.  Additional  oath  to  representa- 

tives. — Construction  of  words 
in  oath. 

28.  Election  of  Secretary  of  State 

and  auditor  of  accounts. 


Chapter  1. 

ARTICLE  I. 

A Declaration  of  the  Rights  of  the  hihahitants  of  the  State  of 

Yermont. 

That  all  men  are  born  equally  free  and  independent,  and  have 
ceiTain  natural,  inherent  and  unalienable  rights,  amongst  which 
are  the  enjoying  and  defending  life  and  liberty,  acquiring,  pos- 
sessing, and  protecting  property,  and  pursuing  and  obtaining 
happiness  and  safety.  Therefore,  no  male  person  born  in  this 
country,  or  brought  from  over  the  sea,  ought  to  be  holden  by  law, 
to  serve  any  person  as  a servant,  slaA^e  or  apprentice,  after  he 
arrived  to  the  age  of  twenty-one  years,  nor  female  in  like  man- 
ner, after  she  arrives  to  the  age  of  eighteen  years,  unless  they  are 
bound  by  their  own  consent,  after  they  arrive  to  such  age,  or 
bound  by  law  for  the  payment  of  debts,  damages,  fines,  costs,  or 
the  like. 

ARTICLE  II. 

That  private  property  ought  to  be  subservient  to  public  uses 
when  necessity  requires  it;  nevertheless,  whenever  any  personas 
property  is  taken  for  the  use  of  the  public,  the  owner  ought  to 
receive  an  equivalent  in  money. 

ARTICLE  III. 

That  all  men  have  a natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences 
and  understandings,  as  in  their  opinion  shall  be  regulated  by  the 
word  of  God;  and  that  no  man  ought  to,  or  of  right  can  be  com- 
pelled to  attend  any  religious  worship,  or  erect  or  support  any 
place  of  worship,  or  maintain  any  minister  contrary  to  the  dic- 
tates of  his  conscience,  nor  can  any  man  be  justly  deprived  or 


534 


CONSTITUTION  OF  VEEMONT. 


abridged  of  any  civil  right  as  a citizen  on  account  of  his  religious 
sentiments  or  peculiar  mode  of  religious  worship;  and  that  no 
authority  can  or  ought  to  be  vested  in,  or  assumed' by,  any  power 
whatever,  that  shall  in  any  case  interfere  with,  or  in  any  manner 
control  the  rights  of  conscience,  in  the  free  exercise  of  religious 
worship.  Nevertheless,  every  sect  or  denomination  of  Christians 
ought  to  observe  the  Sabbath  or  Lord’s  day,  and  keep  up  some 
sort  of  religious  worship,  which  to  them  shall  seem  most  agree- 
able to  the  revealed  will  of  God. 

AETICLE  IV. 

Every  person  within  this  State  ought  to  find  a certain  remedy, 
by  having  recourse  to  the  laws,  for  all  injuries  or  wrongs  which 
he  may  receive  in  his  person,  property  or  character ; he  ought  to 
obtain  right  and  justice,  freely  and  without  being  obliged  to  pur- 
chase it,  completely  and  without  any  denial,  promptly  and  with- 
out delay,  conformably  to  the  laws. 

AETICLE  V. 

That  the  people  of  this  State,  by  their  legal  representatives, 
have  the  sole,  inherent  and  exclusive  right  of  governing  and  regu- 
lating the  internal  police  of  the  same. 

AETICLE  VI. 

That  all  power,  being  originally  inherent  in  and  consequently 
derived  from  the  people,  therefore,  all  officers  of  government, 
whether  legislative  or  executive,  are  their  trustees  and  servants, 
and  at  all  times,  in  a legal  way,  accountable  to  them. 

AETICLE  VII. 

That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection  and  security  of  the  people,  nation  or  com- 
munity, and  not  for  the  particular  emolument  or  advantage  of 
any  single  man,  family,  or  set  of  men,  who  are  a part  only  of  that 
community;  and  that  the  community  hath  an  indubitable, 
unalienable  and  indefeasible  right  to  reform  or  alter  government 
in  such  manner  as  shall  be,  by  that  communiri’,  judged  most 
conducive  to  the  public  weal. 

AETICLE  VIII. 

That  all  elections  ought  to  be  free  and  without  corruption,  and 
that  all  freemen,  having  a sufficient,  evident,  common  interest 


CONSTITUTION  OF  VERMONT. 


535 


with,  and  attachment  to  the  community,  have  a right  to  elect 
officers,  and  be  elected  into  office,  agreeably  to  the  regulations 
made  in  this  Constitution. 

ARTICLE  IX. 

That  every  member  of  society  hath  a right  to  be  protected  in 
the  enjoyment  of  life,  liberty  and  property,  and  therefore  is  bound 
to  contribute  his  proportion  towards  the  expense  of  that  protec- 
tion, and  yield  his  personal  service,  when  necessary,  or  an  equiva- 
lent thereto,  but  no  part  of  any  person’s  property  can  be  justly 
taken  from  him,  or  applied  to  public  uses  without  his  own  con- 
sent, or  that  of  the  representative  body  of  the  freemen,  nor  can 
any  man  who  is  conscientiously  scrupulous  of  bearing  arms,  be 
justly  compelled  thei^eto  if  he  will  pay  such  equivalent;  nor  are 
the  people  bound  by  any  law  but  such  as  they  have  in  like  man- 
ner assented  to,  for  their  common  good;  and  previous  to  any  law 
being  made  to  raise  a tax,  the  purpose  for  wliich  it  is  to  be  raised 
ought  to  appear  evident  to  the  Legislature  to  be  of  more  service 
to  community  than  the  money  would  be  if  not  collected. 

ARTICLE  X. 

That  in  all  prosecutions  for  criminal  offenses,  a person  hath  a 
right  to  be  heard  by  himself  and  his  counsel ; to  demand  the  cause 
and  nature  of  his  accusation;  to  be  confronted  with  the  wit- 
nesses; to  call  for  evidence  in  his  favor,  and  a speedy  public 
trial  by  an  impartial  jury  of  the  country;  without  the  unani- 
mous consent  of  which  jury,  he  cannot  be  found  guilty;  nor  can 
he  be  compelled  to  give  evidence  against  himself;  nor  can  any 
person  be  justly  deprived  of  his  liberty,  except  by  the  laws  of  the 
land,  or  the  judgment  of  his  peers. 

ARTICLE  XL 

That  the  people  have  a right  to  hold  themselves,  their  houses, 
papers  and  possessions,  free  from  search  or  seizure;  and  there- 
fore warrants,  without  oath  or  affirmation  first  made,  affording 
sufficient  foundation  for  them,  and  whereby  any  officer  or  messen- 
ger may  be  commanded  or  required  to  search  suspected  places, 
or  to  seize  any  person  or  persons,  his,  her  or  their  property,  not 
particularly  described,  are  'contrar^^  to  that  right,  and  ought 
not  to  be  granted. 


536 


CONSTITUTION  OF  VERMONT. 


ARTICLE  XII. 

That  when  any  issue  in  fact,  proper  for  the  cognizance  of  a jury 
is  joined  in  a court  of  law,  the  parties  have  a right  to  trial  by 
jury,  which  ought  to  be  held  sacred. 

ARTICLE  XIII. 

That  the  people  have  a right  to  freedom  of  speech,  and  of 
writing  and  publishing  their  sentiments  concerning  the  transac- 
tions of  government,  and  therefore  the  freedom  of  the  press 
ought  not  to  be  restrained. 

ARTICLE  XIV. 

The  freedom  of  deliberation,  speech  and  debate  in  the  Legisla- 
ture is  so  essential  to  the  rights  of  the  people,  that  it  cannot  be 
the  foundation  of  any  accusation  or  prosecution,  action  or  com- 
plaint, in  any  other  court  or  place  whatsoever. 

ARTICLE  XV. 

The  power  of  suspending  laws,  or  the  execution  of  laws,  ought 
never  to  be  exercised  but  by  the  Legislature,  or  by  authority 
derived  from  it,  to  be  exercised  in  such  particular  cases,  as  this 
Constitution  or  the  Legislature  shall  provide  for. 

ARTICLE  XVI. 

That  the  people  have  a right  to  bear  arms  for  the  defense  of 
themselves  and  the  State  — and  as  standing  armies  in  time  of 
peace  are  dangerous  to  liberty,  they  ought  not  to  be  kept  up;  and 
that  the  military  should  be  kept  under  strict  subordination  to 
and  governed  by  the  civil  power. 

ARTICLE  XVII. 

That  no  person  in  this  State  can  in  any  case  be  subjected  to 
law  martial,  or  to  any  penalties  or  pains  by  virtue  of  that  law, 
except  those  employed  in  the  army,  and  the  militia  in  actual 
service. 

ARTICLE  XVIII. 

That  frequent  recurrence  to  fundamental  principles,  and  a firm 
adherence  to  justice,  moderation,  temperance,  industry  and  fru- 
gality are  absolute^  necessary  to  preserve  the  blessings  of  lib- 
erty. and  keep  government  free;  the  people  ought*  therefore, 
to  ])ay  particular  attention  to  these  points,  in  the  choice  of  officers 


CONSTITUTION  OF  VERMONT. 


537 


and  representatives,  and  have  a right,  in  a legal  way,  to  exact  a 
dne  and  constant  regard  to  them,  from  their  legislators  and 
magistrates,  in  making  and  executing  such  laws  as  are  necessary 
for  the  good  government  of  the  State. 

ARTICLE  XIX. 

That  all  people  have  a natural  and  inherent  right  to  emigrate 
from  one  State  to  another  that  will  receive  them. 

ARTICLE  XX. 

That  the  people  have  a right  to  assemble  together  to  consult 
for  their  common  good  — to  instruct  their  representatives  — and 
to  apply  to  the  Legislature  for  redress  of  grievances,  by  address, 
petition  or  remonstrance. 

ARTICLE  XXI. 

That  no  person  shall  be  liable  to  be  transported  out  of  this 
State  for  trial  for  any  offense  committed  within  the  same. 

Chapter  II. 

Plan  or  Frame  of  Government. 

Section  1.  The  Commonwealth  or  State  of  Vermont  shaU  be 
govern'ed  hereafter  by  a Governor  (or  Lieutenant-Governor), 
Council,  and  an  Assembly  of  the  Representatives  of  the  freemen 
of  the  same,  in  manner  and  form  following: 

Sec.  2.  The  supreme  legislative  power  shall  be  vested  in  a 
House  of  Representatives  of  the  freemen  of  the  Commonwealth 
or  State  of  Vermont. 

Sec.  3.  The  supreme  executive  power  shall  be  vested  in  a 
Governor,  or,  in  his  absence,  a Lieutenant-Governor,  and  Council. 

Sec.  4.  Courts  of  justice  shall  be  maintained  in  every  county 
in  this  State,  and  also  in  new  counties  when  formed;  which 
courts  shall  be  open  for  the  trial  of  all  causes  proper  for  their 
cognizance;  and  justice  shall  be  therein  impartially  administered 
without  corruption  or  unnecessary  delay.  The  judges  of  the 
Supreme  Court  shall  be  justices  of  the  peace  throughout  the 
State;  and  the  several  judges  of  the  County  Courts,  in  their 
respective  counties,  by  virtue  of  their  office,  except  in  the  trial  of 
surh  causes  as  may  be  appealed  to  the  County  Court. 

Sec.  5.  A future  Legislature  may,  when  they  shall  conceive 
the  same  to  be  expedient  and  necessary,  erect  a Court  of  Chan* 


538 


CONSTITUTION  OF  VERMONT. 


eery,  with  such  powers  as  are  usually  exercised  by  that  court,  or 
as  shall  appear  for  the  interest  of  the  Commonwealth:  Provided, 
they  do  not  constitute  themselves  the  judges  of  the  said  court. 

Sec.  ().  The  legislative,  executive  and  judiciary  departments 
shall  be  separate  and  distinct,  so  that  neither  exercise  the  powers 
properly  belonging  to  the  other. 

Sec.  7.  In  order  that  the  freemen  of  this  State  might  enjoy 
the  benefit  of  election  as  equally  as  may  be,  each  town  within  this 
State  that  consists  or  may  consist  of  eighty  taxable  inhabitants 
within  one  septenary  or  seven  years  next  after  the  establishing 
this  Constitution,  may  hold  elections  therein,  and  choose  each  two 
Representatives;  and  each  other  inhabited  town  in  this  State 
may,  in  like  manner,  choose  each  one  Representative  to  represent 
them  in  General  Assembh^  during  the  said  septenary  or  seven 
years,  and  after  that,  each  inhabited  town  may,  in  like  manner, 
hold  such  elections  and  choose  each  one  Representative  forever 
thereafter. 

Sec.  8.  The  House  of  Representatives  of  the  freemen  of  this 
State  shall  consist  of  persons  most  noted  for  wisdom  and  virtue, 
to  be  chosen  by  ballot  by  the  freemen  of  every  town  in  this  State, 
respectively,  on  the  first  Tuesday  of  September  annually,  forever. 

Sec.  9.  The  Representatives  so  chosen  (a  majority  of  whom 
shall  constitute  a quorum  for  transacting  any  other  business  than 
raising  a State  tax,  for  which  two-thirds  of  the  members  elected 
shall  be  present)  shall  meet  on  the  second  Thursday  of  the  suc- 
ceeding October,  and  shall  be  styled  the  General  Assembly  of  the 
State  of  Vermont;  that  shall  have  power  to  choose  their  Speaker, 
Secretary  of  State,  their  clerk,  and  other  necessary  officers  of  the 
House  — sit  on  their  own  adjournments  — prepare  bills  and  enact 
them  into  laws  — judge  of  the  elections  and  qualifications  of  their 
own  nu^mbers;  they  may  expel  members,  but  not  for  causes 
known  to  their  constituents  antecedent  to  their  election;  they 
may  administer  oaths  and  affirmations  in  matters  depending 
before  them  — redress  grievances  — impeach  State  criminals  — 
grant  charters  of  incorporation  — constitute  towns,  boroughs, 
cities  and  (*ounties;  they  may  annually,  on  their  first  session 
after  fluur  election,  in  conjunction  with  the  Council  (or  oftener 
if  need  be),  elect  judges  of  the  Supreme  and  several  County  and 
Probate  Courts,  sheriffs  and  justices  of  the  peace;  and  also,  with 
the  Council,  may  elect  major-generals  and  brigadier-generals. 


CONSTITUTION  OF  VEKMONT. 


5^9 


from  time  to  time,  as  often  as  there  shall  be  occasion;  and  they 
shall  have  all  other  powers  necessary  for  the  Legislature  of  a 
free  and  sovereign  State;  but  they  shall  have  no  power  to  add  to, 
alter,  abolish  or.  infringe  any  part  of  this  Constitution. 

Sec.  10.  The  Supreme  Executive  Council  of  this  State  shall 
consist  of  a Governor,  Lieutenant-Governor,  and  twelve  persons 
chosen  in  the  following  manner,  viz.:  The  freemen  of  each  town 
shall,  on  the  day  of  election  for  choosing  Representatives  to 
attend  the  General  Assembly,  bring  in  their  votes  for  Governor, 
with  his  name  fairly  written,  to  the  constable,  who  shall  seal 
them  up,  and  write  on  them,  Votes  for  the  Governor,’’  and 
deliver  them  to  the  Representative  chosen  to  attend  the  General 
Assembly;  and  at  the  opening  of  the  General  Assembly,  tlu*re 
shall  be  a committee  appointed  out  of  the  Council  and  Assemlly, 
who,  after  being  duly  sworn  to  the  faithful  discharge  of  tluur 
tnist,  shall  proceed  to  receive,  sort  and  count  the  votes  for  the 
Governor,  and  declare  the  person  who  has  the  major  part  of  the 
votes,  to  be  Governor  for  the  year  ensuing.  And  if  there  be  no 
choice  made,  then  the  Council  and  General  Assembly,  by  their 
joint  ballot,  shall  make  choice  of  a Governor.  The  Lieutenant- 
Governor  and  Treasurer  shall  be  chosen  in  the  manner  ab(»ve 
directed.  And  each  freeman  shall  give  in  twelve  votes  for  twelve 
Counsellors,  in  the  same  manner,  and  the  twelve  highest  in  nomi- 
nation shall  serve  for  the  ensuing  A^ear  as  Counsellors. 

Sec.  11.  The  Governor,  and  in  his  absence,  the  Lieutenant- 
Governor,  with  the  Council  (a  major  part  of  whom,  including  the 
Governor,  or  Lieutenant-Governor,  shall  be  a quorum  to  transact 
business),  shall  have  power  to  commission  all  officers  — and  also 
to  appoint  officers,  except  where  provision  is,  or  shall  be  otlu^r- 
wise  made,  by  law  or  this  frame  of  government  — and  shall  sup- 
ply every  vacancy  in  any  office,  occasioned  by  death  or  other- 
wise, until  the  office  can  be  tilled  in  the  manner  directed  by  law 
or  this  Constitution.  They  are  to  correspond  with  other  States  — 
transact  business  with  officers  of  gOA^ernment  chil  and  military  — 
and  to  prepare  such  business  as  may  appear  to  them  necessary, 
to  lay  before  the  General  Assembl}^  They  shall  sit  as  judges  to 
hear  and  determine  on  impeachments,  taking  to  their  assistance, 
for  adAuce  only,  the  judges  of  the  Supreme  Court.  And  shall  have 
power  to  grant  pardons  and  remit  fines,  in  all  cases  Avhatsoever 
except  in  treason  and  murder;  in  Avhich  they  shall  haA^e  poAver 


540 


CONSTITUTION  OF  VERMONT. 


to  a:rant  reprieves,  but  not  to  pardon,  until  after  the  end  of  the 
next  session  of  Assembly;  and  except  in  cases  of  impeachment, 
in  which  there  shall  be  no  remission,  or  mitigation  of  punish- 
ment, but  by  act  of  legislation.  They  are  also  to  take  care  that 
the  laws  be  faithfully  executed.  They  are  to  expedite  the  execu- 
tion of  such  measures  as  may  be  resolved  upon  by  the  General 
Assembly.  And  they  may  draw  upon  the  treasury  for  such  sums 
as  may  be  appropriated  by  the  House  of  Representatives.  They 
may  also  lay  embargoes,  or  prohibit  the  exportation  of  any  com- 
modity, for  any  time  not  exceeding  thirty  days,  in  the  recess  of 
the  House  only.  They  may  grant  such  licenses  as  shall  be  directed 
by  law;  and  shall  have  power  to  call  together  the  General 
Assembly,  when  necessary,  before  the  day  to  which  they  shall 
stand  adjourned.  The  Governor  shall  be  captain-general  and 
commander-in-chief  of  the  forces  of  the  State,  but  shall  not  com- 
mand in  person,  except  advised  thereto  by  the  Council,  and  then 
only  so  long  as  they  shall  approve  thereof.  And  the  Lieutenant- 
Governor  shall,  by  virtue  of  his  office,  be  lieutenant-general  of 
all  the  forces  of  the  State.  The  Governor,  or  Lieutenant-Gov- 
ernor, and  the  Council,  shall  meet  at  the  time  and  place  with  the 
General  Assembly;  the  Lieutenant-Governor  shall,  during  the 
presence  of  the  commander-in-chief,  vote  and  act  as  one  of  the 
Council;  and  the  Governor,  and,  in  his  absence,  the  Lieutenant- 
Governor,  shall,  by  virtue  of  their  offices,  preside  in  Council,  and 
have  a casting  but  no  other  vote.  EA^ery  member  of  the  Council 
shall  be  a justice  of  the  peace  for  the  whole  State,  by  virtue  of 
his  office.  The  GoA'ernor  and  Council  shall  haA^e  a secretary,  and 
keep  fair  books  of  their  proceedings,  Avherein  any  Counsellor  may 
eurt*r  his  dissent,  with  his  reasons  to  support  it;  and  the  Gov- 
ernor may  appoint  a secretary  for  himself  and  his  Council. 

Sec.  12.  The  RepresentatiA^es  haAung  met,  and  chosen  their 
Speaker  and  clerk,  shall  each  of  them,  before  they  proceed  to 
business,  take  and  subscribe,  as  well  the  oath  or  affirmation  of 
allegiance  hereinafter  directed  (except  where  they  shall  produce 
certificates  of  their  having  heretofore  taken  and  subscribed  the 
same)  as  the  following  oath  or  affirmation,  auz.  : 

“ You, , do  solemnH  swear  (or  affirm)  that  as  a member 

of  This  Assembly,  you  Avill  not  propose  or  assent  to  any  bill,  vote 
or  resolution,  which  shall  appear  to  you  injurious  to  the  people, 
nor  do  or  consent  to  any  act  or  thing  whatever,  that  shall  have 
a tendency  to  lessen  or  abridge  their  rights  and  privileges,  as 


CONSTITUTION  OF  VEKMONT. 


r.4i 

declared  the  Constitution  of  this  State;  but  will,  in  all  things, 
conduct  yourself  as  a faithful,  honest  Representative  and  guardian 
of  the  people,  according  to  the  best  of  your  judgment  and  abili- 
ties. (In  case  of  an  oath)  so  help  you  God.  (And  in  case  of  an 
affirmation)  under  the  pains  and  penalties  of  perjury.’’ 

Sec.  13.  The  doors  of  the  house  in  which  the  General  Assem- 
bly of  this  Commonwealth  shall  sit,  shall  be  open  for  the  admis- 
sion of  all  persons  who  behave  decently,  except  only  when  the 
welfare  of  the  State  may  require  them  to  be  shut. 

Sec.  14.  The  votes  and  proceedings  of  the  General  Assembly 
shall  be  printed  (when  one-third  of  the  members  think  it  neces- 
sary) as  soon  as  convenient  after  the  end  of  each  session,  with  the 
yeas  and  naj’s  on  any  question,  when  required  by  any  member 
(except  where  the  votes  shall  be  taken  by  ballot),  in  which  case 
every  member  shall  have  a right  to  insert  the  reasons  of  his  vote 
upon  the  minutes. 

Sec.  15.  The  style  of  the  laws  of  this  State  in  future  to  be 
passed,  shall  be,  “ It  is  hereby  enacted  by  the  General  Assembly 
of  the  State  of  Vermont.” 

Sec.  16.  To  the  end  that  the  laws,  before  they  are  enacted, 
may  be  more  maturely  considered,  and  the  inconvenience  of  hasty 
determinations  as  much  as  possible  prevented,  all  bills  which 
originate  in  the  Assembly  shall  be  laid  before  the  Governor  and 
Council  for  their  revision  and  concurrence  or  proposals  of  amend- 
ment, who  shall  return  the  same  to  the  Assembly,  with  their  pro- 
posals of  amendment,  if  any,  in  writing;  and  if  the  same  are  not 
agreed  to  by  the  Assembly,  it  shall  be  in  the  power  of  the  Gov- 
ernor and  Council  to  suspend  the  passing  of  - such  bills  until  the 
next  session  of  the  Legislature:  Provided,  that  if  the  Governor 
and  Council  shall  neglect  or  refuse  to  return  any  such  bill  to  the 
Assembly,  with  written  proposals  of  amendment,  within  five  days, 
or  before  the  rising  of  the  Legislature,  the  same  shall  become  a 
law.  , 

Sec.  17.  No  money  shall  be  drawn  out  of  the  treasury,  unless 
first  appropriated  by  the  act  of  legislation. 

Sec.  18.  No  person  shall  be  elected  a Representative  until  he 
has  resided  two  years  in  this  State;  the  last  of  which  shall  be 
in  the  town  for  which  he  is  elected. 

Sec.  19.  No  member  of  the  Council,  or  House  of  Representa- 
tives, shall,  directly  or  indirectly,  receive  any  fee  or  reward,  to 


542 


CONSTITUTION  OF  VERMONT. 


bring  forward  or  advocate  any  bill,  petition  or  other  business 
to  be  transacted  in  the  Legislature,  or  advocate  any  cause,  as 
counsel  in  either  house  of  legislation,  except  when  employed  in 
behalf  of  the  State. 

Sec.  20.  No  person  ought  in  any  case,  or  in  any  time,  to  be 
declared  guilty  of  treason  or  felony,  by  the  Legislature. 

Sec.  21.  Every  man  of  the  full  age  of  twenty-one  years,  having 
resided  in  this  State  for  the  space  of  one  whole  year  next  before 
the  election  of  Representatives,  and  is  of  a quiet  and  peaceable 
behavior,  and  will  take  the  following  oath  or  affirmation  shall  be 
entitled  to  all  the  privileges  of  a freeman  of  this  State: 

You  solemnly  sweaf  (or  affirm)  that  whenever  you  give  your 
vote  or  suffrage,  touching  any  matter  that  concerns  the  State  of 
Vermont,  you  will  do  it  so  as  in  your  conscience  you  shall  judge 
will  most  conduce  to  the  best  good  of  the  same,  as  established 
by  the  Constitution,  without  fear  or  favor  of  any  man.” 

Sec.  22.  The  inhabitants  of  this  State  shall  be  trained  and 
armed  for  its  defense,  under  such  regulations,  restrictions  and 
exceptions,  as  Congress,  agreeably  to  the  Constitution  of  the 
Lmited  States,  and  the  Legislature  of  this  State,  shall  direct.  The 
several  companies  of  militia  shall,  as  often  as  vacancies  happen, 
elect  their  captain  and  other  officers,  and  the  captains  and  sub- 
alterns shall  nominate  and  recommend  the  field  officers  of  their 
respective  regiments,  who  shall  appoint  their  staff  officers. 

Sec.  23.  All  commissions  shall  be  in  the  name  of  the  freemen 
of  the  State  of  Vermont,  sealed  with  the  State  seal,  signed  by 
the  Governor,  and,  in  his  absence  the  Lieutenant-Governor, 
and  attested  by  the  Secretary;  which  seal  shall  be  kept  by  the 
Governor.  i 

Sec.  24.  Every  officer  of  State,  whether  judicial  or  executive, 
shall  be  liable  to  be  impeached  by  the  General  Assembly,  either 
when  in  office,  or  after  his  resignation  or  removal  for  maladmin- 
istration. All  impeachments  shall  be  before  the  Governor,  or 
Lieutenant-Governor,  and  Council,  who  shall  hear  and  determine 
the  same,  and  may  award  costs;  and  no  trial  or  impeachment 
shall  be  a bar  to  a prosecution  at  law. 

Sec.  25.  As  every  freeman,  to  preserve  his  independence  (if 
without  a sufficient  estate)  ought  to  have  some  profession,  call- 
ing, trade  or  farm,  whereby  he  may  honestly  subsist,  there  can 
be  no  necessity  for,  nor  use  in,  establishing  offices  of  profit,  the 


CONSTITUTION  OF  VEKMONT. 


543 


usual  effects  of  which  are  dependence  and  servility,  unbecoming 
freemen,  in  the  possessors  or  expectants,  and  faction,  contention 
and  discord  among  the  people.  But  if  any  man  is  called  into  pub- 
lic service  to  the  prejudice  of  his  private  affairs,  he  has  a right 
to  a reasonable  compensation;  and  whenever  an  office,  through 
increase  of  fees  or  otherwise,  become  so  profitable  as  to  occasion 
many  to  apply  for  it,  the  profit  ought  to  be  lessened  by  the 
Legislature.  And  if  any  officer  shall  wittingly  and  willfully  take 
greater  fees  than  the  law  allows  him,  it  shall  ever  after  disqualify 
him  from  holding  any  office  in  this  State,  until  he  shall  be 
restored  by  act  of  legislation. 

Sec.  26.  No  person  in  this  State  shall  be  capable  of  holding  or 
exercising  more  than  one  of  the  following  offices  at  the  same 
time,  viz.:  Governor,  Lieutenant-Governor,  judge  of  the  Supreme 
Court,  Treasurer  of  the  State,  member  of  the  Council,  member  of 
the  General  Assembly,  Surveyor-General  or  sheriff.  Nor  shall 
any  person  holding  any  office  of  profit  or  trust  under  the  author- 
ity of  Congress  be  eligible  to  any  appointment  in  the  Legislature, 
or  of  holding  any  executive  or  judiciary  office  under  this  State. 

Sec.  27.  The  Treasurer  of  the  State  shall,  before  the  Governor 
and  Council,  give  sufficient  security  to  the  Secretary  of  the  State 
in  behalf  of  the  General  Assembly;  and  each  high-sheriff,  before 
the  first  judge  of  the  County  Court,  to  the  treasurer  of  their 
respective  counties,  previous  to  their  respectively  entering  upon 
the  execution  of  their  offices,  in  such  manner  and  in  such  sums 
as  shall  be  directed  by  the  Legislature. 

Sec.  28.  The  Treasurer’s  accounts  shall  be  annually  audited 
and  a fair  statement  thereof  laid  before  the  General  Assembly 
at  their  session  in  October. 

Sec.  29.  Every  officer,  whether  judicial,  executive  or  military, 
in  authority  under  this  State,  before  he  enters  upon  the  execu- 
tion of  his  office,  shall  take  and  subscribe  the  following  oath  or 
affirmation  of  allegiance  to  this  State  (unless  he  shall  produce 
evidence  that  he  has  before  taken  the  same),  and  also  the  follow- 
ing oath  or  affirmation  of  office,  except  military  officers,  and  such 
as  shall  be  exempted  by  the  Legislature. 

The  Oath  or  Affirmation  of  Allegiance. 

You  do  solemnly  swear  (or  affirm)  that  you  will  be  true  and 
faithful  to  the  State  of  Vermont,  and  that  you  will  not,  directly 
or  indirectly,  do  any  act  or  thing  injurious  to  the  Constitution  or 


544 


CONSTITUTION  OF  VERMONT. 


govei'iimeiit  thereof,  as  established  by  convention.  (If  an  oath) 
so  help  you  God.  (If  an  affirmation)  under  the  pains  and  penal- 
ties of  perjury.’’ 

The  Oath  or  Affirmation  of  Office. 

“You,  , do  solemnly  swear  (or  affirm)  that  you  will 

faithfully  execute  the  office  of for  the  of 

; and  will  therein  do  ecpial  right  and  justice  to  all  men, 

to  the  best  of  your  judgment  and  abilities,  according  to  law.  (If 
an  oath)  so  help  you  God.  (If  an  affirmation)  under  the  pains 
and  penalties  of  perjury.” 

Sec.  30.  No  person  shall  be  eligible  to  the  office  of  Governor 
or  Lieutenant-Governor  until  he  shall  have  resided  in  this  State 
four  years  next  preceding  the  day  of  his  election. 

Sec.  31.  Trials  of  issues,  proper  for  the  cognizance  of  a jury, 
in  the  Supreme  and  County  Courts,  shall  be  by  jury,  except  where 
parties  otherwise  agree;  and  great  care  ought  to  be  taken  to 
prevent  corruption  or  partiality  in  the  choice  and  return  or 
appointment  of  juries. 

Sec.  32.  All  prosecution  shall  commence,  “ By  the  authority  of 
the  State  of  Vermont.”  All  indictments  shall  conclude  with  these 
words:  “Against  the  peace  and  dignity  of  the  State.”  And  all 
fines  shall  be  proportioned  to  the  offenses. 

Sec.  33.  The  person  of  a debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  deliver- 
ing up  and  assigning  over  bona  fide,  all  his  estate,  real  and  per- 
sonal, in  possession,  reversion  or  remainder,  for  the  use  of  his 
creditors,  in  such  manner  as  shall  be  hereafter  regulated  by  law. 
And  all  prisoners,  unless  in  execution,  or  committed  for  capital 
offenses,  when  the  proof  is  evident  or  presumption  great,  shall  be 
bailable  by  sufficient  sureties;  nor  shall  excessive  bail  be  exacted 
for  bailable  offenses. 

Sec.  34.  All  elections,  whether  by  the  people  or  the  Legisla- 
ture, shall  be  free  and  voluntary;  and  any  elector  who  shall 
receive  any  gift  or  reward  for  his  vote,  in  meat,  drink,  moneys  or 
otherwise,  shall  forfeit  his  right  to  elect  at  that  time,  and  suffer 
such  other  penalty  as  the  law  shall  direct;  and  any  person  who 
shall  directly  or  indirectly,  give,  promise  or  bestow,  any  such 
rewards  to  be  elected,  shall  thereby  be  rendered  incapable  to 
serve  for  the  ensuing  year,  and  be  subject  to  such  further  punish- 
ment as  a future  Legislature  shall  direct. 


CONSTITUTION  OF  VERMONT. 


545 


Sec.  35.  All  deeds  and  conveyances  of  land  shall  be  recorded 
in  the  town  clerk’s  office  in  their  respective  towns,  and,  for  want 
thereof,  in  the  county  clerk’s  office  of  the  same  county. 

Sec.  8G.  The  Legislature  shall  regulate  entails  in  such  man- 
ner as  to  prevent  perpetuities. 

Sec.  37.  To  deter  more  effectually  from  the  commission  of 
crimes,  by  continued  visible  punishmeots  of  long  duration,  and 
to  make  sanguinary  punishments  less  necessary,  means  ought  to 
be  provided  for  punishing  by  hard  labor,  those  who  shall  be  con- 
victed of  crimes  not  capital,  whereby  the  criminal  shall  be 
employed  for  the  benefit  of  the  public,  or  for  the  reparation  of 
injuries  done  to  private  persons;  and  all  persons  at  proper  times 
ought  to  be  permitted  to  see  them  at  their  labor. 

Sec.  38.  The  estates  of  such  persons  as  may  destroy  their  own 
lives,  shall  not,  for  that  offense  be  forfeited,  but  descend  or 
ascend  in  the  same  manner  as  if  such  persons  had  died  in  a 
natural  way.  Nor  shall  any  article  which  shall  accidentally  occa- 
sion the  death  of  any  person,  be  henceforth  deemed  a deodand, 
or  in  any  wise  forfeited  on  account  of  such  misfortune.' 

Sec.  39.  Every  person  of  good  character  who  comes  to  settle 
in  this  State,  having  first  taken  an  oath  or  affirmation  of  allegi- 
ance to  the  same,  may  purchase,  or  by  other  means  acquire,  hold 
or  transfer  land,  or  other  real  estate;  and  after  one  year’s  resi- 
dence shall  be  deemed  a free  denizen  thereof,  and  entitled  to  all 
rights  of  a natural  born  subject  of  this  State,  except  that  he 
shall  not  be  capable  of  being  elected  Governor,  Lieutenant-Gov- 
ernor, Treasurer,  Councillor  or  Representative  in  Assembly,  until 
after  two  years’  residence. 

Sec.  40.  The  inhabitants  of  this  State  shall  have  liberty  in 
seasonable  times,  to  hunt  and  fowl  on  the  lands  they  hold,  and  on 
other  lands  not  inclosed;  and  in  like  manner  to  fish  in  all  boat- 
able  and  other  waters  (not  private  property)  under  proper  regu- 
lations, to  be  hereafter  made  and  provided  by  the  General 
Assembly. 

Sec.  41.  Laws  for  the  encouragement  of  virtue  and  prevention 
of  vice  and  immorality  ought  to  be  constantly  kept  in  force  and 
duly  executed;  and  a competent  number  of  schools  ought  to  be 
maintained  in  each  town  for  the  convenient  instruction  of  youth; 
and  one  or  more  grammar  schools  be  incorporated  and  properly 
35 


546 


CONSTITUTION  OF  VERMONT. 


supported  in  each  county  in  this  State.  And  all  religious  societies 
or  bodies  of  men  that  may  be  hereafter  united  or  incorporated 
for  the  advancement  of  religion  and  learning,  or  for  other  pious 
and  charitable  purposes,  shall  be  encouraged  and  protected  in  the 
enjoyment  of  the  privileges,  immunities  and  estates,  which  they 
in  justice  ought  to  enjoy,  under  such  regulations  as  the  General 
Assembly  of  this  State  shall  direct. 

Sec.  42.  The  declaration  of  the  political  rights  and  privileges 
of  the  inhabitants  of  this  State,  is  hereby  declared  to  be  a part 
of  the  Constitution  of  this  Commonwealth;  and  ought  not  to  be 
violated  on  any  pretense  whatsoever. 

Sec.  43.  In  order  that  the  freedom  of  this  Commonwealth 
may  be  preserved  inviolate  forever,  there  shall  be  chosen,  by 
ballot,  by  the  freemen  of  this  State,  on  the  last  Wednesday  in 
March,  in  the  year  one  thousand  seven  hundred  and  seventy-nine, 
and  on  the  last  Wednesday  in  March  in  every  seven  years  there- 
after, thirteen  persons,  who  shall  be  chosen  in  the  same  manner 
the  Council  is  chosen,  except  that  they  shall  not  be  out  of  the 
Council  or  General  Assembly,  to  be  called  the  Council  of  Censors, 
who  shall  meet  together  on  the  first  Wednesday  of  June  next 
ensuing  their  election,  the  majority  of  whom  shall  be  a quorum 
in  every  case,  except  as  to  calling  a convention,  in  which  two- 
thirds  of  the  whole  number  elected  shall  agree;  and  whose  duty 
it  shall  be  to  inquire,  whether  the  Constitution  has  been  pre- 
served inviolate  in  every  part,  during  the  last  septenary  (including 
the  year  of  their  service) ; and  whether  the  legislative  and  execu- 
tive branches  of  government  have  performed  their  duty  as 
guardians  of  the  people,  or  assumed  to  themselves  or  exercised 
other  or  greater  powers  than  they  are  entitled  to  by  the  Consti- 
tution. They  are  also  to  inquire  whether  the  public  taxes  have  been 
justly  laid  and  collected  in  all  parts  of  this  Commonwealth  — in 
what  manner  the  public  moneys  have  been  disposed  of  — and 
whether  the  laws  have  been  duly  executed.  For  these  purposes 
they  shall  have  power  to  send  for  persons,  papers  and  records  — 
they  shall  have  authority  to  pass  public  censures,  to'  order 
impeachments,  and  to  recommend  to  the  Legislature  the  repeal- 
ing such  laws  as  shall  appear  to  them  to  have  been  passed  con- 
trary to  the  principles  of  the  Constitution.  These  powers  the}" 
shall  continue  to  have  for  and  during  the  space  of  one  year  from 
the  day  of  their  election,  and  no  longer.  The  said  Council  of 


CONSTITUTION  OF  VERMONT. 


547 


Censors  shall  also  have  power  to  call  a convention,  to  meet  within 
two  years  after  their  sitting,  if  there  appears  to  them  an  absolute 
necessity  of  amending  any  article  of  this  Constitution,  which  may 
be  defective  — explaining  such  as  may  be  thought  not  clearly 
expressed  — and  of  adding  such  as  are  necessary  for  the  preserva- 
tion of  the  rights  and  happiness  of  the  people;  but  the  articles  to 
be  amended,  and  the  amendments,  proposed,  and  such  articles  as 
are  proposed  to  be  added  or  abolished,  shall  be  promulgated  at 
least  six  months  before  the  day  appointed  for  the  election  of 
such  convention,  for  the  previous  consideration  of  the  people,  that 
they  may  have  an  opportunity  of  instructing  their  delegates  on 
the  subject. 


Articles  of  Amendment. 

ARTICLE  I. 

No  person  who  is  not  already  a freeman  of  this  State  shall  be 
entitled  to  exercise  the  privileges  of  a freeman  unless  he  be  a 
natural  born  citizen  of  this  or  some  one  of  the  United  States,  or 
until  he  shall  have  been  naturalized  agreeably  to  the  acts  of 
Congress. 

ARTICLE  II. 

The  most  numerous  branch  of  the  Legislature  of  this  State  shall 
hereafter  be  styled  the  House  of  Representatives. 

ARTICLE  III. 

The  supreme  legislative  power  of  this  State  shall  hereafter  be 
exercised  by  a Senate  and  the  House  of  Representatives,  which 
shall  be  styled  “The  General  Assembly  of  the  State  of  Vermont.’’ 
Each  shall  have  and  exercise  the  like  powers  in  all  acts  of  legis- 
lation; and  no  bill,  resolution  or  other  thing,  which  shall  have 
been  passed  by  the  one,  shall  have  the  effect  of,  or  be  declared  to 
be,  a law  without  the  concurrence  of  the  other;  Provided,  that 
all  revenue  bills  shall  originate  in  the  House  of  Representatives, 
but  the  Senate  may  propose  or  concur  with  amendments,  as  on 
other  bills.  Neither  house  during  the  session  of  the  General 
Assembly,  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that,  in  which 
the  two  houses  shall  be  sitting,  and  in  case  of  disagreement 
between  the  two  houses,  with  respect  to  adjournment,  the  Gov- 
ei’nor  may  adjourn  them  to  such  time  as  he  shall  think  proper. 


548 


CONSTITUTION  OF  VERMONT. 


ARTICLE  IV. 

The  Senate  shall  be  composed  of  thirty  Senators,  to  be  of  the 
freemen  of  the  county  for  which  they  are  elected,  respectively, 
who  are  thirty  years  of  age  or  upwards,  and  to  be  annually 
elected  by  the  freemen  of  each  county  respectively.  Each  county 
shall  be  entitled  to  one  Senator  at  least,  and  the  remainder  of 
the  Senators  shall  be  apportioned  to  the  several  counties  accord- 
ing to  their  population,  as  the  same  was  ascertained  by  the  last 
census,  taken  under  the  authority  of  the  L^nited  States,  regard 
being  always  had,  in  such  apportionment  to  the  counties  having 
the  greatest  fraction.  But  the  several  counties  shall,  until  after 
the  next  census  of  the  United  States,  be  entitled  to  elect,  and 
have  their  Senators,  in  the  following  proportion,  to  wit: 

Bennington  county,  two;  Windham  county,  three;  Rutland 
county,  three;  Windsor  county,  four;  Addison  county,  three; 
Orange  county,  three;  Washington  county,  two;  Chittenden 
county,  two;  Caledonia  county,  two;  Franklin  county,  three; 
Orleans  county,  one;  Essex  county,  one;  Grand  Isle  county,  one. 

The  Legislature  shall  make  a new  apportionment  of  the  Sena- 
tors, to  the  several  counties,  after  the  taking  of  each  census  of 
the  United  States,  or  census  taken  for  the  purpose  of  such  appor- 
tionment, by  order  of  the  government  of  this  State  — always 
regarding  the  above  provisions  in  this  article. 

ARTICLE  V. 

The  freemen  of  the  several  towns  in  each  county  shall  annually 
give  their  votes  for  the  Senators  apportioned  to  such  county,  at 
the  same  time,  and  under  the  same  regulations,  as  are  now 
provided  for  the  election  of  Councillors.  And  the  person  or  per- 
sons, equal  in  number  to  the  number  of  Senators  apportioned  to 
such  county,  having  the  greatest  number  of  legal  votes,  in  such 
county  respectively,  shall  be  the  Senator  or  Senators,  of  such 
county.  At  every  election  of  Senators,  after  the  votes  shall  have 
been  taken,  the  constable  or  presiding  officer,  assisted  by  the 
selectmen  and  civil  authority  present,  shall  sort  and  count  the 
said  votes,  and  make  two  lists  of  the  names  of  each  person,  with 
the  number  of  votes  given  for  each  annexed  to  his  name,  a record 
of  which  shall  be  made  in  the  town  clerk’s  office,  and  shall  seal 
up  his  said  lists,  separately,  and  write  on  each  the  name  of  the 
town,  and  these  words,  Votes  for  Senator,”  or  “Votes  for  Sen- 


CONSTITUTION  OF  VERMONT. 


549 


ators,”  as  the  case  may  be,  one  of  which  lists  shall  be  delivered 
by  the  presiding  officer,  to  the  Representative  of  said  town  (if 
any),  and  if  none  be  chosen,  to  the  Representative  of  an  adjoin- 
ing town,  to  be  transmitted  to  the  President  of  the  Senate;  the 
other  list,  the  said  presiding  officer  shall,  within  ten  days,  deliver 
to  the  clerk  of  the  County  Court,  for  the  same  county;  and  the 
clerk  of  each  County  Court,  respectively,  or  in  case  of  his  absence 
or  disablity,  to  the  Sheriff  of  such  county,  or  in  case  of  the 
absence  or  disability  of  both,  to  the  high  bailiff  of  such  county, 
on  the  tenth  day  after  such  election,  shall  publicly  open,  sort  and 
count  said  votes,  and  make  a record  of  the  same  in  the  office  of  the 
clerk  of  such  County  Court,  a copy  of  which  he  shall  transmit 
to  the  Senate — and  shall  also  within  ten  days  thereafter^  transmit 
to  the  person  or  persons  elected,  a certificate  of  his  or  their  elec- 
tion: Provided,  however,  that  the  General  Assembly  shall  have 
power  to  regulate  by  law  the  mode  of  balloting  for  Senators, 
within  the  several  counties,  and  to  prescribe  the  means,  and  the 
manner  by  which  the  result  of  the  balloting  shall  be  ascertained 
and  through  which  the  Senators  chosen  shall  be  certified  of  their 
election,  and  for  filling  all  vacancies  in  the  Senate,  which  shall 
happen  by  death,  resignation  or  otherwise.  But  they  shall  not 
have  power  to  apportion  the  Senators  to  the  several  counties 
otherwise  than  according  to  the  population  thereof  agreeably  to 
the  provisions  hereinbefore  ordained. 

ARTICLE  VI. 

The  Senate  shall  have  the  like  powers  to  decide  on  the  election 
and  qualifications  of,  and  to  expel  any  of  its  members,  make  its 
own  rules  and  appoint  its  own  officers,  as  are  incident  to  or  are 
possessed  by,  the  House  of  Representatives.  A majority  shall 
constitute  a quorum.  The  Lieutenant-Governor  shall  be  President 
of  the  Senate,  except  when  he  shall  exercise  the  office  of  Gov- 
ernor, or  when  his  office  shall  be  vacant,  or  in  his  absence,  in 
which  cases  the  Senate  shall  appoint  one  of  its  own  members  to 
be  President  of  the  Senate  pro  tempore.  And  the  President  of 
the  Senate  shall  have  a casting  vote,  but  no  other. 

ARTICLE  VII. 

The  Senate  shall  have  the  sole  power  of  trying  and  deciding 
upon  all  impeachments  — when  sitting  for  that  purpose,  they 
shall  be  on  oath,  or  affirmation,  and  no  person  shall  be  convicted. 


550 


CONSTITUTION  OF  VERMONT. 


without  the  concurrence  of  two-thirds  of  the  members  present. 
Judgment  in  cases  of  impeachment  shall  not  extend  farther  than 
to  removal  from  office  and  disqualification  to  hold  or  enjoy  any 
office  of  honor,  or  profit,  or  trust,  under  this  State.  But  the 
party  convicted  shall,  nevertheless  be  liable  and  subject  to  indict- 
ment, trial,  judgment  and  punishment,  according  to  law. 

ARTICLE  VIII. 

The  supreme  executive  power  of  the  Senate  shall  be  exercised 
by  the  Governor,  or,  in  case  of  his  absence  or  disability,  by  the 
Lieutenant-Governor ; who  shall  have  all  the  powers  and  perform 
all  the  duties  vested  in  and  enjoined  upon  the  Governor  and 
Council  by  the  eleventh  and  twenty-seventh  sections  of  the  second 
chapter  of  the  Constitution,  as  at  present  established,  excepting 
that  he  shall  not  sit  as  a judge  in  case  of  impeachment,  nor  grant 
reprieve  or  pardon  in  any  such  case;  nor  shall  he  command  the 
forces  of  the  State  in  person  in  time  of  war  or  insurrection,  unless 
by  the  advice  and  consent  of  the  Senate,  and  no  longer  than  they 
shall  approve  thereof.  The  Governor  may  have  a secretary  of 
civil  and  military  affairs,  to  be  by  him  appointed  during  pleas- 
ure, whose  services  he  may  at  all  times  command,  and  for  whose 
compensation  provision  shall  be  made  by  law. 

ARTICLE  IX. 

The  votes  of  Governor,  Lieutenant-Governor  and  Treasurer  of 
the  State  shall  be  sorted  and  counted,  and  the  result  declared,  by 
a committee  appointed  by  the  Senate  and  House  of  Representa- 
tives. If  at  any  time  there  shall  be  no  election  by  the  freemen  of 
Governor,  Lieutenant-Governor  and  Treasurer  of  the  State,  the 
Senate  and  House  of  Representatives  shall,  by  a joint  ballot, 
elect  to  fill  the  office,  not  filled  by  the  freemen  as  aforesaid,  one 
of  the  three  candidates  for  such  office  (if  there  be  so  many)  for 
whom  the  greatest  number  of  votes  shall  have  been  returned. 

ARTICLE  X. 

Tlie  Secretary  of  State,  and  all  officers  whose  elections  are  not 
otherwise  provided  for,  and  who,  under  the  existing  provisions 
of  the  Constitution,  are  elected  by  the  Council  and  House  of 
Represestatives,  shall  hereafter  be  elected  by  the  Senate  and 
House  of  Representatives  in  joint  assembly,  at  which  the  pre- 


CONSTITUTION  OF  VERMONT. 


551 


siding  officer  of  the  Senate  shall  preside;  and  such  presiding 
officer  in  such  joint  assembly  shall  have  a casting  vote,  and  no 
other. 

AKTICLE  XI. 

Every  bill  which  shall  have  passed  the  Senate  and  House  of 
Kepresentatives  shall,  before  it  becomes  a law',  be  presented  to 
the  Governor;  if  he  approve,  he  shall  sign  it;  if  not,  he  shall 
return  it  with  his  objections  in  w'riting  to  the  house  in  which  it 
shall  have  originated,  which  shall  proceed  to  reconsider  it.  If, 
upon  such  reconsideration,  a majority  of  the  house  shall  pass  the 
bill,  it  shall,  together  with  the  objections,  be  sent  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and,  if  approved 
by  a majority  of  that  house,  it  shall  become  a law'.  But,  in  all 
such  cases  the  votes  of  both  houses  shall  be  taken  by  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  or  against  the 
bill  shall  be  entered  on  the  journal  of  each  house,  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor,  as  aforesaid, 
w'ithin  five  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  become  a law^  in  like  manner  as  if 
he  had  signed  it,  unless  the  tw'o  houses,  by  their  adjournment 
within  three  days  after  the  presentment  of  such  bill,  shall  pre- 
vent its  return ; in  w'hich  case  it  shall  not  become  a law'. 

AKTICLE  XII. 

The  w rit  of  habeas  corpus  shall  in  no  case  be  suspended.  It 
shall  be  a w’rit  issuable  of  right,  and  the  General  Assembly  shall 
make  provision  to  render  it  a speedy  and  effectual  remedy  in  all 
cases  proper  therefor. 

AKTICLE  Xni. 

Such  parts  and  provisions  only  of  the  Constitution  of  this 
State,  established  by  convention  on  the  ninth  day  of  July,  one 
thousand  seven  hundred  and  ninety-three,  as  are  altered  or  super- 
seded by  any  of  the  foregoing  amendments  or  are  repugnant 
thereto  shall  hereafter  cease  to  have  effect. 


AKTICLE  XIV. 

The  assistant  judges  of  the  County  Court  shall  be  elected  by 
the  freemen  of  their  respective  counties. 


652 


CONSTITUTION  OF  VERMONT. 


ARTICLE  XV. 

Sheriffs  and  high  bailiffs  shall  be  elected  by  the  freemen  of 
their  respective  counties. 

ARTICLE  XVI. 

Statens  attorneys  shall  be  elected  by  the  freemen  of  their 
respective  counties. 

ARTICLE  XVII. 

Judges  of  probate  shall  be  elected  by  the  freemen  of  their 
respective  probate  districts. 

ARTICLE  XVIII. 

Justices  of  the  peace  shall  be  elected  by  the  freemen  of  their 
respective  towns;  and  towns  having  less  than  one  thousand 
inhabitants  may  elect  any  number  of  justices  of  the  peace  not 
exceeding  five;  towns  having  one  thousand,  and  less  than  two 
thousand  inhabitants,  may  elect  seven;  towns  having  two  thou« 
sand,  and  less  than  three  thousand  inhabitants,  may  elect  ten; 
towns  having  three  thousand,  and  less  than  five  thousand  inhabi- 
tants, may  elect  twelve;  and  towns  having  five  thousand,  or  more, 
inhabitants,  may  elect  fifteen  justices  of  the  peace. 

ARTICLE  XIX. 

All  the  officers  named  in  the  preceding  articles  of  amendment 
shall  be  annually  elected  by  ballot  .and  shall  hold  their  offices 
for  one  year,  said  year  commencing  on  the  first  day  of  Decem- 
ber next  after  their  election. 

ARTICLE  XX. 

The  election  of  the  several  officers  mentioned  in  the  preceding 
articles,  excepting  town  Representatives,  shall  be  made  at  the 
times  and  in  the  manner  now  directed  by  the  Constitution  for 
the  choice  of  Senators.  And  the  presiding  officer  of  each  free- 
men’s meeting,  after  the  votes  shall  have  been  taken,  sorted  and 
counted,  shall,  in  open  meeting,  make  a certificate  of  the  names 
of  each  person  voted  for,  with  the  number  of  votes  given  for  each, 
annexed  to  his  name  and  designating  the  office  for  which  the 
votes  were  given  a recoi’d  of  which  shall  be  made  in  the  town 
clerk’s  office  and  he  shall  seal  up  said  certificate,  and  shall  write 
thereon  the  name  of  Ihe  town  and  the  words,  ^^Certificate  of 


CONSTITUTION  OF  VERMONT. 


553 


Votes  for and  add  thereto,  in  writing,  the  title  of  the 

office  voted  for,  as  the  case  may  be,  and  shall  deliver  such  certifi- 
cate to  some  Representative  chosen  as  a member  of  the  General 
Assembly,  whose  duty  it  shall  be  to  cause  such  certificate  of 
votes  to  be  delivered  to  the  committee  of  the  General  Assembly 
appointed  to  canvass  the  same.  And  at  the  sitting  of  the  General 
Assembly,  next  after  such  balloting  for  the  officers  aforesaid, 
there  shall  be  a committee  appointed  of  and  by  the  General 
Assembly,  who  shall  be  sworn  to  the  faithful  discharge  of  their 
duty,  and  whose  duty  it  shall  be  to  examine  such  certificates  and 
ascertain  the  number  of  votes  given  for  each  candidate,  and  the 
persons  receiving  the  largest  number  of  votes  for  the  respectiv^e 
offices,  shall  be  declared  duly  elected,  and  by  such  committee  be 
reported  to  the  General  Assembly,  and  the  officers  so  elected 
shall  be  commissioned  by  the  Governor.  And  if  two  or  more 
persons  designated  for  any  one  of  said  offices,  shall  have  received 
an  equal  number  of  votes,  tlie  General  Assembly  shall  elect  one 
of  such  persons  to  such  office. 

ARTICLE  XXL 

The  term  of  office  of  the  Governor,  Lieutenant-Go A'ernor  and 
Treasurer  of  the  State,  respectively,  shall  commence  when  they 
shall  be  chosen  and  qualified,  and  shall  continue  for  the  term  of 
one  year,  or  until  their  successor  shall  be  chosen  and  qualified, 
or  to  the  adjournment  of  the  session  of  the  Legislature,  at  which, 
by  the  Constitution  and  laws,  their  successors  are  required  to  be 
chosen,  and  not  after  such  adjournment.  And  the  Legislature 
shall  provide,  by  general  law,  declaring  what  officer  shall  act  as 
Governor  whenever  there  shall  be  a vacancy  in  both  the  offices  of 
GoA^ernor  and  Lieutenant-Governor,  occasioned  by  a failure  to 
elect,  or  by  the  removal  from  ofiice,  or  by  the  death,  resignation 
or  inability  of  both  Governor  and  Lieutenant-GoA^ernor  to  exer- 
cise the  powers  and  discharge  the  duties  of  the  office  of  Governor, 
and  such  officer  so  designated  shall  exercise  the  powers  and  dis- 
charge the  duties  appertaining  to  the  office  of  Governor  accord- 
ingly until  the  disability  shall  be  removed,  or  Governor  shall  be 
elected.  And  in  case  there  shall  be  a A^acancy  in  the  office  of 
Treasurer,  by  reason  of  any  of  the  causes  enumerated,  the  Gov- 


554 


CONSTITUTION  OF  VERMONT. 


ernor  shall  appoint  a Treasurer  for  the  time  being,  who  shaU  act 
as  Treasurer  until  the  disability  shall  be  removed  or  a new  elec- 
tion shall  be  made. 

ARTICLE  XXII. 

The  Treasurer  of  the  State  shall,  before  entering  upon  the 
duties  of  his  office,  give  sufficient  security  to  the  Secretary  of 
State,  in  behalf  of  the  State  of  Vermont,  before  the  Governor 
of  the  State  and  one  of  the  judges  of  the  Supreme  Court.  And 
sheriffs  and  high  bailiffs,  before  entering  upon  the  duties  of 
their  respective  offices,  shall  give  sufficient  security  to  the  Treas- 
urer of  their  respective  counties,  before  one  of  the  judges  of  the 
Supreme  Court,  or  the  two  assistant  judges  of  the  County  Court 
of  their  respective  counties,  in  such  manner  and  in  such  sums 
as  shall  be  directed  by  the  Legislature. 

ARTICLE  XXIII. 

The  Senate  shall  be  composed  of  thirty  Senators,  to  be  of  the 
freemen  of  the  county  for  which  they  are  elected,  respectively, 
who  shall  have  attained  the  age  of  thirty  years,  and  they  shall 
be  elected  annually  by  the  freemen  of  each  county,  respectively. 

The  Senators  shall  be  apportioned  to  the  several  counties 
according  to  the  population  as  ascertained  by  the  census  taken 
under  the  authority  of  Congress  in  the  year  1840,  regard  being 
always  had  in  such  apportionment  to  the  counties  having  the 
largest  fraction,  and  giving  to  each  county  at  least  one  Senator. 

The  legislature  shall  make  a new  apportionment  of  the  Sena- 
tors to  the  several  counties,  after  the  taking  of  each  census  of 
the  United  States,  or  after  a census  taken  for  the  purpose  of  such 
apportionment,  under  the  authority  of  this  State,  always  regard- 
ing the  above  provisions  of  this  article. 

ARTICLE  XXIV. 

Section  1.  The  General  Assembly  shall  meet  on  the  first 
Wednesday  of  October,  biennially;  the  first  election  shall  be  on 
the  first  Tuesday  of  September,  A.  D.  1870;  the  first  session  of 
the  General  Assembly  on  Ihe  first  Wednesday  of  October,  A.  D. 
1870. 

Sec.  2.  The  Governor,  Lieutenant-Governor,  Treasurer  of 
State,  S(uiators,  town  Representatives,  assistant  judges  of  the 
County  Coui't,  sheilffs,  high  bailiffs.  State’s  attorneys,  judges  of 


CONSTITUTION  OF  VERMONT. 


555 


probate  and  justices  of  the  peace  shall  be  elected  biennially,  on 
the  first  Tuesday  of  September,  in  the  manner  prescribed  by  the 
Constitution  of  the  State. 

Sec.  3.  The  term  of  office  of  the  Governor,  Lieutenant-Gov- 
ernor and  Treasurer  of  the  State,  respectively,  shall  commence 
when  they  shall  be  chosen  and  qualified,  and  shall  continue  for 
the  term  of  two  years,  or  until  their  successors  shall  be  chosen 
and  qualified,  or  to  the  adjournment  of  the  session  of  the  Legis- 
lature at  which,  by  the  Constitution  and  laws,  their  successors 
are  required  to  be  chosen,  and  not  after  such  adjournment. 

Sec.  4.  The  term  of  office  of  Senators  and  town  Representa- 
tives shall  be  two  years,  commencing  on  the  first  Wednesday  of 
October  following  their  election. 

Sec.  5.  The  term  of  office  of  the  assistant  judges  of  the  County 
Court,  sheriffs,  high  bailiffs.  State’s  attorneys,  judges  of  probate 
and  justices  of  the  peace,  shall  be  two  years,  and  shall  commence 
on  the  first  day  of  December  next  after  their  election. 

ARTICLE  XXV. 

Section  1.  At  the  session  of  the  General  Assembly  of  this 
State,  A.  D.  1880,  and  at  the  session  thereof  every  tenth  year 
thereafter,  the  Senate  may,  by  a vote  of  two-thirds  of  its  mem- 
bers, make  proposals  of  amendment  to  the  Constitution  of  the 
State,  which  proposals  of  amendment,  if  concurred  in  by  a 
majority  of  the  members  of  the  House  of  Representatives,  shall 
be  entered  on  the  journals  of  the  two  houses,  and  referred  to  the 
General  Assembly  then  next  to  be  chosen,  and  be  published  in 
the  principal  newspapers  of  the  State;  and  if  a majority  of  the 
members  of  the  Senate  and  of  the  House  of  Representatives  of 
the  next  following  General  Assembly  shall  respectively  concur  in 
the  same  proposals  of  amendment,  or  any  of  them,  it  shall  be  the 
duty  of  the  General  Assembly  to  submit  the  proposals  of  amend- 
ment so  concurred  in  to  a direct  vote  of  the  freemen  of  the  State : 
and  such  of  said  proposals  of  amendment  as  shall  receive  a 
majority  of  the  votes  of  the  freemen  voting  thereon  shall  become 
a part  of  the  Constitution  of  this  State. 

Sec.  2.  The  General  Assembly  shall  direct  the  manner  of 
voting  by  the  people  upon  the  proposed  amendments,  and  enact 
all  such  laws  as  shall  be  necessary  to  procure  a free  and  fair 
vote  upon  each  amendment  proposed,  and  to  carry  into  effect  all 
the  provisions  of  the  preceding  section. 


556 


CONSTITUTION  OF  VERMONT. 


Sec.  3.  The  House  of  Representatives  shall  have  all  the  power 
now  possessed  by  the  Council  of  Censors  to  order  impeachments, 
which  shall  in  aU  cases  be  by  a vote  of  two-thirds  of  its  members. 

Sec.  4.  The  forty-third  section  of  the  second  part  of  the  Con- 
stitution of  this  State  is  hereby  abrogated. 

ARTICLE  XXVI. 

The  judges  of  the  Supreme  Court  shall  be  elected  biennially, 
and  their  term  of  office  shall  be  two  years. 

ARTICLE  XXVII. 

Section  1.  The  Representatives  having  met  on  the  day 
appointed  by  law  for  the  commencement  of  a biennial  session  of 
the  General  Assembly,  and  chosen  their  Speaker,  and  the  Sena- 
tors having  met,  shall,  before  they  proceed  to  business,  take  and 
subscribe  the  following  oath  in  addition  to  the  oath  now  pre- 
scribed : 

You, , do  solemnly  swear  (or  affirm)  that  you  did  not 

at  the  time  of  your  election  to  this  body,  and  that  you  do  not  now 
hold,  any  office  of  profit  or  trust  under  the  authority  of  Congress. 
So  help  me  God.”  Or,  in  the  case  of  affirmation,  “Under  the  pains 
and  penalties  of  perjury.” 

Sec.  2.  The  words  “ office  of  profit  or  trust  under  the  author- 
ity of  Congress”  shall  be  constraed  to  mean  any  office  created 
directly  or  indirectly  by  Congress,  and  for  which  emolument  is 
provided  from  the  Treasury  of  the  United  States. 

ARTICLE  XXVm. 

Section  1.  The  Secretary  of  State  and  Auditor  of  Accounts 
shall  be  elected  by  the  freemen  of  the  State  upon  the  same  ticket 
with  the  Governor,  Lieutenant-Governor  and  Treasurer. 

Sec.  2.  The  Legislature  shall  carry  this  article  into  effect  by 
appropriate  legislation. 


CONSTITUTION 

OF  THK 


STATE  OF  VIRGINIA. 


CONSTITUTION  OF  THE  STATE  OF  VIKGINIA 


ARTICLES. 

Article 

1.  Bill  of  rights. 

2.  Division  of  powers. 

3.  Elective  franchise  and  qualifi- 

cations for  office. 

4 Executive  department. 

5.  Legislative  department. 

6.  Judiciary  department. 

7.  County  organizations. 

8.  Education. 

9.  Militia. 

10.  Taxation  and  finance. 

11.  Miscellaneous  provisions. 

12.  Future  changes  in  the  Consti- 

tution. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  Equality  and  rights  of  indi- 

viduals. 

2.  The  State  a unit  of  the  federal 

government. 

2.  Supreme  law  of  the  land. 

4.  All  power  vested  in  the  people. 

5.  Protection  and  security  of  the 

nation. 

6.  That  no  man  or  set  of  men  are 

entitled  to  exclusive  or  sepa- 
rate emoluments. 

7.  Legislative,  executive  and  judi- 

cial powers. 

8.  Right  of  suffrage. 

9.  The  people  have  the  right  of 

representation. 

10.  In  capital  prosecutions  a man 

has  the  right  to  know  the 
cause  and  nature  of  his  accu- 
sation. 

11.  Excessive  bail, 

12.  General  warrants  and  right  to 

search. 

11.  Trial  by  jury  is  preferable  to 
any  other. 

14.  Freedom  of  the  press. 

15.  Militia  for  defense  of  the  State. 
15,  Uniform  government. 


I Section 

I 17,  Free  government  dependent  up- 
on justice,  moderation  and 
temperance. 

18.  Freedom  of  religious  thought. 

19.  Slavery  and  involuntary  servi- 

tude illegal,  except  as  lawful 
imprisonment. 

20.  Civil  and  political  rights. 

21.  The  rights  enumerated  in  this 

bill  do  not  limit  other  acts 
of  the  people. 

ARTICLE  II. 

Biusiou  of  Rowers. 

1.  The  powers  of  the  State  are  to 
be  divided  under  the  legisla- 
tive, executive  and  judiciary 
departments. 

ARTICLE  III. 

Electiive  Franchise  and  Qualif cations 
for  Office. 

1.  Qualifications  for  voting. 

First.  Those  who  may  not  vote. 

— Idiots  and  lunatics. 

Second.  Those  convicted  of  bri- 
I bery,  etc. 

! Third.  For  fighting  a duel. 

2.  All  elections  shall  be  by  ballot, 

3.  Those  eligible  as  jurors. 

4.  Exemption  from  military  ser- 

■ vice. 

^ 5.  Oath  of  office. 

ARTICLE  IV. 

E.cecutive  Department. 

1.  Chief  officer  is  the  Governor. 

2.  Election  of  the  Governor. 

3.  To  be  eligible  for  office  of  Gov- 

ernor. 

4.  Residence  of  Governor,  and 

salary. 

5.  Governor’s  duties. 


560 


CONSTITUTION  OF  YIRGINTA. 


Section 

6.  Governor  to  have  information 

from  officers  in  executive  de- 
partment. 

7.  Commissions  and  grants  to  be 

in  the  name  of  the  common- 
wealth of  Virginia. 

8.  Certain  requirements  for  every 

resolution  before  it  becomes 
a law. 

9.  Election  of  Lieutenant-Gover- 

nor. 

10.  When  Lieutenant  - Governor 

takes  the  Governor’s  place. 

11.  Lieutenant-Governor  president 

of  the  Senate. 

12.  Secretary  of  the  Commonwealth, 

Treasurer  and  Auditor. — Elec- 
tion of  the  same. 

13.  Duties  of  the  Secretary. 

14.  Powers  and  duties  of  the  Treas- 

urer. 

15.  Bureau  of  statistics,  agriculture, 

chemistry  and  geology. 

16.  Bureau  of  immigration. 

17.  Board  of  public  works,  to  con- 

sist of  Governor,  Auditor  and 
Treasurer. 

ARTICLE  V. 

Legislative  Department. 

1.  Legislative  power  vested  in 

General  Assembly. 

2.  Election  of  House  of  Dele- 

gates. 

3.  The  Senate  shall  consist  of  not 

less  than  thirty-three  nor 
more  than  forty  members. — 
Election  of  the  same. 

4.  Appointment  of  Senators  and 

Delegates. 

5.  Qualifications  of  Senators  and 

Delegates. 

6.  General  Assembly  to  meet  once 

in  two  years.  — In  regard  to 
adjournment. 

7.  The  speaker  of  the  House  of 

Delegates. — Filling  vacancies. 

8.  Salaries  of  members  of  General 

Assembly. 

9.  Origin  of  bills  and  resolutions. 

10.  For  a bill  to  become  a law. 


Section 

11.  Members  of  the  General  Assem- 

bly, when  privileged  from  ar- 
rest. 

12.  Apportionment  of  members  to 

House  of  Representatives. 

13.  Division  of  the  State  into  dis- 

tricts. 

14.  Privilege  of  writ  of  habeas  cor- 

pus.— Bill  of  attainder. 

15.  No  law  shall  embrace  more  than 

one  subject. 

16.  Those  who  may  be  impeached. 

17.  Charters  not  granted  to  relig- 

ious denominations. 

, 18.  Lotteries. 

19.  Formation  of  a new  county. 

20.  Divorces  and  change  of  names 

of  persons. 

21.  Registration  of  births,  mar- 

riages and  deaths. 

22.  Conducting  elections  and  filling 

vacancies. 

' 23.  Government  of  towns  and  cities 
provided  for  by  Legislature. 

24.  Removal  of  disabilities  incurred 
by  duelling. 

ARTICLE  VI. 

Judiciary  Department. 

1.  Jurisdiction  of  Supreme  Court 

of  Appeals,  Circuit  Courts, 
and  County  Courts,  to  be  regu- 
lated by  law. 

2.  Supreme  Court  of  Appeals  to 

consist  of  five  judges. 

3.  Special  Courts  of  Appeals. 

4.  Reversal  of  judgment. 

5.  Choosing  of  judges  and  their 

term  of  office. 

6.  Duties  and  compensation  de- 

scribed by  law. 

! 7.  Session  of  Supreme  Court  of 

Appeals. 

i 8.  Election  of  Attorney-General. 

! 9.  Judicial  districts,  how  divided. 

10.  Rearrangement  of  circuits. 

11.  Term  of  office  of  Circuit  Judge. 

12.  Circuit  Court  to  be  held  once  a 

year. 

13.  County  Courts,  term  of  office  of 

' judges  of  the  same. 


CONSTITUTION  OF  YIKGINIA. 


561 


Section  \ ' 

14.  Government  of  cities  and  towns. 

15.  OfRcers  of  the  same. 

16.  Attorney  for  the  Common- 

wealth. 

17.  City  sergeant. 

18.  Treasurer. 

19.  Commissioner  of  revenue. 

20.  Mayor,  his  election  and  duties, 

and  other  city  and  town  offi- 
cers. 

21.  Time  for  holding  elections. 

22.  General  provisions. 

23.  Removal  of  judges. 

24.  Certain  judges  not  to  hold 

other  offices. 

25.  Duties  after  expiration  of  term 

of  office. 

26.  Writs  and  indictments. 

ARTICLE  VII. 

County  Organisations. 

1.  County  officers. 

2.  Division  of  county  into  magis- 

terial districts. 

3.  School  districts. 

4.  Rights  of  General  Assembly  to 

appoint  additional  officers. 

5.  Sheriffs. 

ARTICLE  VIII. 

Education. 

1.  Superintendent  of  public  instruc- 

tion. 

2.  Board  of  education. 

3.  Free  schools. 

4.  Compulsory  attendance  oi 

school. 

5.  Establishment  of  other  schools. 

6.  Uniformity  of  text-books. 

7.  For  the  support  of  schools. 

8.  Supplying  free  text-books,  when 

it  may  be  done. 

9.  Higher  grades. 

10.  Donations  to  be  applied  in  ac- 

cordance with  the  terms  pre- 
scribed by  donor. 

11.  Each  city  and  town  to  be  ac- 

countable for  destruction  of 
school  property. 

12.  School  officers. — Salaries  and  du- 

ties to  be  fixed  by  General 
Assembly. 

30 


ARTICLE  IX. 

^fllitia. 

Section 

1.  Those  who  may  be  called  upon 

to  serve  in  the  militia. 

2.  Encouragement  of  volunteer 

corps  by  the  State. 

ARTICLE  X. 

Taxation  and  Finance. 

1.  Real  and  personal  property  to 

be  taxed  in  proportion  to  its 
value. 

2.  Gathering  of  oysters  free,  but 

the  amount  of  sales  may  be 
taxed. 

3.  Certain  property  may  be  exempt 

from  taxation. 

4.  Income  tax  on  over  $600  per 

annum  and  upon  certain  li- 
censes. 

5.  A tax  on  male  citizens  for  bene- 

fit of  public  schools. 

6.  Reassessment  of  real  estate 

ever\’  five  years. 

7.  What  debts  the  State  may  con- 

tract. 

8.  A sinking  fund  to  be  provided. 

9.  In  regard  to  the  interest  on 

State  bonds. 

10.  Appropriations  to  be  made  by 

law  for  the  payment  of  State 
money. 

11.  A majority  of  the  votes  of  the 

members  of  each  house  neces- 
sary' to  make  a law. 

12.  State  credit  not  to  be  granted. 

13.  In  regard  to  the  issue  of  scrip. 

14.  State  may  not  hold  corporation 

stock. 

15.  State  not  to  be  interested  in  any 

work  of  internal  improvement. 

16.  The  fixing  of  a tax. 

17.  The  State  shall  not  assume  In- 

debtedness of  any  county, 
borough  or  city. 

18.  An  account  of  the  expenditures 

of  public  money  is  to  be  given. 

19.  In  regard  to  adjusting  with 

West  Virginia  the  proportion 
of  the  public  debt  of  Virginia 
proper,  to  be  borne  by  West 
Virginia. 


562 


CONSTITUTION  OF  VIRGINIA. 


Section 

20.  The  amount  of  tax  or  revenue 

shall  not  exceed  the  necessary 
expenses  of  the  State. 

21.  Liability  to  the  State  of  any  in- 

corporated company.  — Shall 
not  be  released. 

ARTICLE  XI. 

Homestead  and  Other  Exemptions. 

1.  Rights  of  the  homestead. 

2.  Refers  to  section  1. 

3.  Nothing  in  this  article  to  inter- 

fere with  the  sale  of  property. 

4.  General  Assembly  is  prohibited 

from  passing  “stay  laws.’’ 

5.  In  regard  to  the  rights  of  the 

head  of  a family  or  house- 
holder. 

6.  Abrogation  of  certain  acts. 

7.  The  provisions  of  this  article 

shall  be  liberally  construed. 

• 8.  Church  bodies  and  the  rights  of 
ecclesiastical  bodies. 

9.  Heirship  of  property. — Rights  of 


Section 

children,  one  or  both  of  whose 
parents  were  slave.s. 

ARTICLE  XII. 

Future  Chaivjes  in  the  Constitution. 

1.  Amendments  to  the  Constitu- 

tion may  be  proposed  in  the 
Senate  and  House  of  Dele- 
gates. 

2.  In  regard  to  revising  the  Con- 

stitution. 

SCHEDULE. 

1.  Common  and  statute  law  now 

in  force  not  repugnant  to  this 
Constitution,  shall  remain  in 
force. 

2.  All  v/rits,  actions,  charters,  etc., 

shall  continue. 

3.  Fines  and  penalties  under  the 

old  and  the  new  Constitutions. 

4.  That  all  bonds,  obligations,  etc., 

shall  remain  valid  under  this 
Constitution. 


UREA  M RLE. 

Whereas,  the  delegates  and  representatives  of  the  good  people 
of  Virginia,  in  convention  assembled,  on  the  twenty-ninth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
seventy-six,  reciting  and  declaring,  that  whereas  George  the 
Third,  King  of  Great  Britain  and  Ireland,  and  elector  of  Han- 
over, before  that  time  intrusted  with  the  exercise  of  the  kingly 
office  in  the  government  of  Virginia,  had  endeavored  to  pervert 
the  same  into  a detestable  and  insupportable  tyranny,  by  putting 
'his  negative  on  laws  the  most  wholesome  and  necessary  for  the 
public  good;  by  denying  his  governors  permission  to  pass  laws 
of  immediate  and  pressing  importance,  unless  suspended  in  their 
operation  for  his  assent,  and  when  so  suspended,  neglecting  to 
attend  to  them  for  many  years;  by  refusing  to  pass  certain 
other  laws  unless  the  persons  to  be  benefited  b}^  them  would 
relinquish  the  inalienable  right  of  representation  in  the  legisla- 
ture; by  dissolving  legislative  assemblies,  repeatedly  and  con- 
tinually, for  opposing  with  manly  firmness  his  invasions  of  the 
lights  of  the  people;  when  dissolved  by  refusing  to  call  others 
for  a long  space  of  time,  thereby  leaving  the  political  system 


COXSTITUTIOX  OF  VIROIXIA. 


563 


\\itlioiit  any  legislative  head;  by  endeavoring  to  prevent  the 
population  of  our  country,  and  for  that  xjurpose  obstructing  the 
laws  for  naturalization  of  foreigners;  by  keeping  among  us,  in 
time  of  peace,  standing  armies  and  ships  of  war;  by  affecting 
to  render  the  military  independent  of  and  superior  to  the  civil 
power;  by  combining  with  others  to  subject  us  to  a foreign 
jurisdiction,  giving  his  assent  to  their  pretended  acts  of  legis- 
lation for  quartering  large  bodies  of  armed  troops  among  us; 
for  cutting  off  our  trade  with  all  parts  of  the  world;  for  impos- 
ing taxes  on  us  without  our  consent;  for  depriving  us  of  the 
1 benefit  of  trial  by  jury;  for  transi^orting  us  beyond  the  seas  for 
trial  for  pretended  offenses;  for  suspending  our  own  legislatures, 
and  declaring  themselves  invested  with  itower  to  legislate  for 
ns  in  all  cases  whatsoever;  by  plundering  our  seas,  ravaging 
our  coasts,  burning  our  towns,  and  destroying  the  lives  of  our 
I^eofde;  by  inciting  insurrection  of  our  fellow-subjects  with  the 
•Murements  of  forfeiture  and  confiscation;  by  prompting  our 
negroes  to  rise  in  arms  among  us — those  very  negroes  whom,  by 
an  inhuman  use  of  his  negative,  he  had  refused  us  permission  to 
(^xclude  by  law;  by  endeavoring  to  bring  on  the  inhabitants  of 
our  frontiers  the  merciless  Indian  savages,  whose  known  rule  of 
warfare  is  an  undistinguished  destruction  of  all  ages,  sexes  and 
conditions  of  existence;  by  transporting  hither  a large  army  of 
foreign  mercenaries *to  complete  the  work  of  death,  desolation 
and  tyranny,  then  already  begun,  with  circumstances  of  cruelty 
and  x^erfidy  unworthy  the  head  of  a civilized  nation;  by  answer- 
ing our  repeated  x)etitions  for  redress  with  a repetition  of  our 
injuries;  and  finally,  by  abandoning  the  helm  of  government 
and  declaring  us  out  of  his  allegiance  and  protection  — by  which 
several  acts  of  misrule,  the  government  of  this  country,  as  before 
exercised  under  the  crown  of  Great  Britain,  was  totally  dis- 
solved— did,  therefore,  having  maturely  considered  the  premises, 
and  \dewing  with  great  concern  the  deplorable  condition  to  which 
this  once  haf)py  country  would  be  reduced  unless  some  regular, 
adequate  mode  of  civil  policy  should  be  speedily  adopted,  and  in 
compliance  with  the  recommendations  of  the  general  congress, 
ordain  and  declare  a form  of  government  of  Virginia. 

And,  whereas,  a convention,  held  on  the  first  Monday  in  Octo- 
ber. in  the  year  one  thousand  eight  hundred  and  twenty-nine, 
did  propose  to  the  yjeople  of  this  Commonwealth  an  amended 
constitution  or  form  of  government,  which  was  ratified  by  them; 


564 


CONSTITUTION  OF  VIRGINIA. 


And,  whereas,  the  General  Assembly  of  Virginia,  by  an  act 
passed  on  the  fourth  of  March  in  the  year  one  thousand  eight 
hundred  and  fifty,  did  provide  for  the  election,  by  the  people, 
of  delegates  to  meet  in  general  convention,  to  consider,  discuss 
and  propose  a new  constitution,  or  alterations  and  amendments 
to  the  existing  constitution  of  this  Commonwealth;  and  by  an 
act  passed  on  the  thirteenth  of  March,  in  the  year  one  thousand 
eight  hundred  and  fifty-one,  did  further  provide  for  submitting 
the  same  to  the  people  for  ratification  or  rejection,  and  the  same 
having  been  submitted  accordingly  was  ratified  by  them; 

And,  whereas,  the  General  Assembly  of  Virginia,  by  an  act 
passed  on  the  twenty-first  day  of  December,  in  the  year  one 
thousand  eight  hundred  and  sixty-three,  did  provide  for  the 
election,  by  the  people,  of  delegates  to  meet  in  general  conven- 
tion, to  consider,  discuss  and  adopt  alterations  and  amendments 
to  the  existing  Constitution  of  this  Commonwealth,  the  delegates 
so  assembled*  did,  therefore,  having  maturely  considered  the 
premises,  adopt  a revised  and  amended  Constitution  as  the  form 
of  government  of  Virginia; 

And,  whereas,  the  Congress  of  the  United  States  did,  by  an 
act  passed  on  the  second  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  sixty-seven,  and  entitled  ^^An  act  to  provide 
for  the  more  efficient  goA-ernment  of  the  rebel  States,”  and  by 
acts  supplementary  tfiereto  passed  on  the  twenty-third  day  of 
March  and  the  nineteenth  day  of  July,  in  the  year  one  thousand 
eight  hundred  and  sixty-seven,  provide  for  the  election,  by  the 
people  of  Virginia,  qualified  to  \^ote  under  the  provisions  of  said 
acts,  of  delegates  to  meet  in  convention  to  frame  a Constitution 
or  form  of  government  for  Virginia  in  conformity  Avith  said  acts; 
and  by  the  same  acts  did  further  provide  for  the  submitting  of 
such  Constitution  to  the  qualified  A^oters  for  ratification  or  rejec- 
tion; 

We,  therefore,  the  delegates  of  the  good  people  of  Virginia, 
elected  and  in  conA^ention  assembled,  in  pursuance  of  said  act, 
invoking  the  favor  and  guidance  of  Almighty  God,  do  propose 
to  the  people  the  following  Constitution  and  form  of  government 
for  this  Commonwealth: 

Jh'll  of  Rights. 

ARTICLE  I. 

A declaration  of  rights  made  by  the  representatives  of  the  good 
people  of  Virginia,  assembled  in  full  and  free  convention;  which 


CONSTITUTION  OF  VIKGINIA. 


565 


rights  do  pertain  to  them  and  their  posterity  as  the  basis  and 
foundation  of  government. 

1.  That  all  men  are  by  nature  equally  free  and  independent, 
and  have  certain  inherent  rights,  of  which,  when  they  enter  into 
a state  of  society,  they  cannot,  by  smj  compact,  deprive  or 
divest  their  posterity  — namely,  the  enjoyment  of  life  and  liberty, 
with  the  means  of  acquiring  and  possessing  property  and  pur- 
suing and  obtaining  happiness  and  safety. 

2.  That  this  State  shall  ever  remain  a member  of  the  United 
States  of  America,  and  that  the  people  thereof  are  a part  of  the 
American  nation,  and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said  union  or  to  sever 
said  nation  are  unauthorized,  and  ought  to  be  resisted  with  the 
whole  power  of  the  State. 

3.  That  the  Constitution  of  the  United  States  and  the  laws  of 
Congress  passed  in  pursuance  thereof,  constitute  the  supreme 
law  of  the  land,  to  which  paramount  allegiance  and  obedience 
are  due  from  every  citizen,  an3dhing  in  the  Constitution,  ordi- 
nances or  laws  of  am"  State  to  the  contrary"  notwithstanding. 

4.  That  all  x>ower  is  vested  in,  and  consequently  derived  from, 
the  people;  that  magistrates  are  their  trustees  and  servants, 
and  at  all  times  amenable  to  them. 

5.  That  government  is,  or  ought  to  be,  instituted  for  the  com- 
mon benefit,  protection  and  security  of  the  people,  nation  or  com- 
munity; of  all  the  various  modes  and  forms  of  government,  that 
is  best  which  is  capable  of  producing  the  greatest  degree  of 
happiness  and  safety,  and  is  most  effectualh^  secured  against  the 
danger  of  maladministration;  and  that  when  any  government 
shall  be  found  inadequate  or  contrary  to  these  purposes,  a major- 
ity of  the  community  hath  an  indubitable,  inalienable  and  inde- 
feasible right  to  reform,  alter  or  abolish  it,  in  such  manner  as 
shall  be  judged  most  conducive  to  the  public  weal. 

6.  That  no  man  or  set  of  men  are  entitled  to  exclusive  or 
separate  emoluments  or  prhileges  from  the  community,  but  in 
consideration  of  public  services;  w^hich,  not  being  descendible, 
neither  ought  the  offices  of  magistrate,  legislator  or  judge  to  be 
hereditary. 

7.  That  the  legislative,  executive  and  judicial  powers  should 
be  separate  and  distinct;  and  that  the  members  thereof  may  be 
restrained  from  oppression,  by  feeling  and  participating  the  bur- 
thens of  the  people,  the.v  should,  at  fixed  periods,  be  reduced  to 


566 


CONSTITUTION  OF  VIKOINIA. 


a private  station  return  into  that  body  from  which  they  were 
originally  taken,  and  the  vacancies  be  supplied  by  frequent,  cer- 
tain and  regular  elections,  in  which  all  or  any  part  of  the  for- 
mer m()mbers  to  be  again  eligible  or  ineligible,  as  the  laws  shall 
direct. 

8.  That  all  elections  ought  to  be  free,  and  that  all  men  having 
sufficient  evidence  of  permanent  common  interest  with,  and 
attachment  to,  the  community,  have  the  right  of  suffrage,  and 
cannot  be  taxed  or  deprived  of  their  property  for  public  uses 
without  their  own  consent  or  that  of  their  representatives  so 
elected,  nor  bound  by  any  law  to  which  they  have  not  in  like 
manner  assented  for  the  public  good. 

9.  That  all  power  of  suspending  laws,  or  the  execution  of  laws, 
by  any  authority,  without  consent  of  the  representatives  of 
the  people,  is  injurious  to  their  rights,  and  ought  not  to  be  exer- 
cised. 

10.  That  in  all  capital  or  criminal  prosecutions,  a man  hath  a 
right  to  demand  the  cause  and  nature  of  his  accusation,  to  be 
confronted  with  the  accusers  and  witnesses,  to  call  for  evidence 
in  his  favor,  and  to  a speedy  trial  by  an  impartial  jury  of  his 
vicinage,  without  whose  unanimous  consent  he  cannot  be  found 
guilty;  nor  can  he  be  compelled  to  give  evidence  against  him- 
self; that  no  man  be  deprived  of  his  liberty  except  by  the  law 
of  the  land  or  the  judgment  of  his  peers. 

11.  That  excessive  bail  ought  not  to  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  indicted. 

12.  That  general  warrants,  wffiereby  an  officer  or  messenger 
may  be  commanded  to  search  suspected  places  without  evidence 
of  a fact  committed,  or  to  seize  any  person  or  persons  not  named, 
or  w^hose  offense  is  not  particularly  described  and  supported  by 
evidence,  are  grievous  and  oppressive,  and  ought  not  to  be 
granted. 

13.  That  in  controversies  respecting  property,  and  in  suits 
between  man  and  man,  the  trial  by  jury  is  preferable  to  any 
other,  and  ought  to  be  held  sacred. 

14.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks 
of  liberty,  and  can  never  be  restrained  but  by  despotic  govern- 
ments, and  any  citizen  may  speak,  wudte  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that 
liberty. 


CONSTITUTION  OP  VIRGINIA. 


5GT 


15.  That  a well-regulated  militia,  composed  of  the  body  of  the 
people  trained  to  arms,  is  the  proper,  natural  and  safe  defense  of 
a free  State;  that  standing  armies,  in  time  of  peace,  should  be 
avoided  as  dangerous  to  liberty,  and  that  in  all  cases  the  military 
should  be  under  strict  subordination  to,  and.  governed  by,  the 
civil  power. 

16.  That  the  people  have  a right  to  uniform  government;  and, 
therefore,  that  no  government  separate  from  or  independent  of 
the  government  of  Virginia  ought  to  be  erected  or  established 
within  the  limits  thereof. 

17.  That  no  free  government  or  the  blessings  of  liberty  can 
be  preserved  to  any  people  but  by  a firm  adherence  to  justice, 
moderation,  temperance  and  virtue,  and  by  a frequent  recurrence 
to  fundamental  principles 

18.  That  religion,  or  the  duty  wdiich  we  owe  to  our  Creator, 
and  the  manner  of  discharging  it,  can  be  directed  only  by  reason 
and  conviction,  not  by  force  or  violence;  and,  therefore,  all  men 
are  equally  entitled  to  the  free  exercise  of  religion  according  to 
the  dictates  of  conscience;  and  that  it  is  the  mutual  duty  of  all 
to  practice  Christian  forbearance,  love  and  charity  tow’ards  each 
other. 

19.  That  neither  slavery  nor  involuntary  servitude,  except  as 
lawTul  imprisonment  may  constitute  such,  shall  exist  within 
tins  State. 

20.  That  all  citizens  of  the  State  are  hereby  declared  to  pos- 
sess equal  civil  and  political  rights. 

21.  The  rights  enumerated  in  this  bill  of  rights  shall  not  be 

construed  to  limit  other  rights  of  the  people  not  therein 
expressed.  ] 

The  declaration  of  the  political  rights  and  privileges  of  the 
inhabitants  of  this  State  is  hereby  declared  to  be  a part  of  the 
Constitution  of  this  Commonw^ealth,  and  shall  not  be  violated  on 
any  pretense  whatever. 

AETICLE  II. 

Division  of  Powers. 

The  legislative,  executive  and  judiciary  departments  shall  be 
separate  and  distinct,  so  that  neither  exercise  the  powders  prop- 
erly belonging  to  either  of  the  others;  nor  shall  any  person 
exercise  the  power  of  more  than  one  of  them  at  the  same  time, 
except  as  hereinafter  provided. 


COXSTITUTIOX  OF  VIHGINIA. 


5f,8 


ARTICLE  III. 

Elective  Fraiicliise  and  Qualifications  for  Ofiice. 

Section  1.  Every  male  citizen  of  the  United  States,  twenty- 
one  years  old,  who  shall  have  been  a resident  of  the  State 
twelve  months  and  of  the  county,  city  or  town  in  which  he  shall 
offer  to  vote,  three  months  next  preceding  any  election,  shall 
be  entitled  to  vote  for  members  of  the  General  Assembly  and  all 
officers  elected  by  the  people:  Provided,  that  no  officer,  soldier, 
seaman  or  marine  of  the  United  States  army  or  navy  shall  be 
considered  a resident  of  this  State  by  reason  of  being  stationed 
therein:  And  provided,  also,  that  the  following  persons  shall 

be  excluded  from  voting: 

First  — Idiots  and  lunatics. 

Second  — • Persons  convicted  of  bribery  in  any  election,  embez- 
zlement of  public  funds,  treason,  felony  or  petit  larceny. 

Third  — No  person  who,  while  a citizen  of  this  State,  has 
since  the  adoption  of  this  Constitution,  fought  a duel  with  a 
deadly  weapon,  sent  or  accepted  a challenge  to  fight  a duel  with 
a deadly  weapon,  either  within  or  beyond  the  boundaries  of  this 
State,  or  knowingly  conveyed  a challenge,  or  aided  or  assisted 
in  any  manner  in  fighting  a duel,  shall  be  allowed  to  vote  or 
hold  any  office  of  honor,  profit  or  trust  under  this  Constitution. 

Sec.  2.  All  elections  shall  be  by  ballot,  and  all  persons  entitled 
to  vote  shall  be  eligible  to  any  office  within  the  gift  of  the 
people,  except  as  restricted  in  this  Constitution. 

Sec.  3.  All  persons  entitled  to  vote  and  hold  office,  and  none 
others,  shall  be  eligible  to  sit  as  jurors. 

Sec.  4.  No  voter,  during  the  time  of  holding  any  election  at 
which  he  is  entitled  to  vote,  shall  be  compelled  to  perform  mili- 
tary service,  except  in  time  of  war  or  public  danger,  to  work 
upon  public  roads  or  to  attend  any  court  as  suitor,  juror  or  wit- 
ness; and  no  voter  shall  be  subject  to  arrest  under  any  civil 
process  during  his  attendance  at  elections,  or  in  going  to  or 
returning  from  them. 

Oath  of  Ofiice. 

Sec.  5.  All  persons,  before  entering  upon  the  discharge  of 
any  function  as  officers  of  this  State,  must  take  and  subscribe 
the  following  oath  or  affirmation: 

I, , do  solemnly  swear  (or  affirm)  that  I will 

sii]tport  and  maintain  the  Constitution  and  laws  of  the  United 


CONSTITUTION  OF  VTKGINIA. 


569 


Stares  and  the  Constitution  and  laws  of  the  State  of  Virginia; 
that  I recognize  and  accept  the  civil  and  political  equality  of 
all  men  before  the  law,  and  that  I will  faithfully  perform  the 
duty  of to  the  best  of  my  ability.  So  help  me  God.” 

AETICLE  IV. 

Executive  Department — Governor. 

Section  1.  The  chief  executive  power  of  this  Commonwealth 
shall  be  vested  in  a Governor.  He  shall  hold  oftice  for  a term 
of  four  years,  to  commence  on  the  first  day  of  January  next  suc- 
ceeding his  election,  and  be  ineligible  to  the  same  office  for  the 
term  next  succeeding  that  for  which  he  Avas  elected,  and  to  any 
other  office  during  his  term  of  service. 

Sec.  2.  The  GoA'ernor  shall  be  elected  by  the  Aoters  at  the 
times  and  places  of  choosing  members  of  the  General  Assembly. 
lUnirns  of  elections  shall  be  transmitted,  under  seal,  by  the 
proper  officers  to  the  Secretaiy  of  the  CommoiiAvealth,  Avho  shall 
deliA'er  them  to  the  Speaker  of  the  House  of  Delegates  on  the  first 
day  of  the  next  session  of  the  General  Assembly.  The  Speaker 
of  The  House  of  Delegates  shall,  Avithin  one  Aveek  thereafter,  in 
the  presence  of  a majority  of  the  Senate  and  House  of  Dele- 
gates, open  the  said  returns,  and  the  Amtes  shall  then  be  counted. 
The  person  having  the  highest  number  of  Amtes  shall  be  declared 
elected;  but  if  two  or  more  shall  have  the  highest  and  an  equal 
number  of  votes,  one  of  them  shall  be  chosen  Governor  by  the 
joint  Amte  of  the  two  houses  of  the  General  Assembly.  Contested 
elections  for  GoA^ernor  shall  be  decided  by  a like  AU)te,  and  the 
mode  of  proceeding  in  such  cases  shall  be  prescribed  by  hiAAU 

Sec.  3.  No  person  except  a citizen  of  the  United  States  shall 
be  eligible  to  the  office  of  GoA’ernor;  and  if  such  person  be  of 
foreign  birth,  he  must  have  been  a citizen  of  the  United  States 
for  ten  years  next  preceding  his  election;  nor  shall  any  person 
be  eligible  to  that  office  unless  he  shall  have  attained  the  age  of 
tldrty  years,  and  have  been  a resident  of  this  State  for  three 
years  next  preceding  his  election. 

Sec.  4.  The  GoA^ernor  shall  reside  at  the  seat  of  gOA^erument; 
shall  receive  five  thousand  dollars  for  each  year  of  his  service, 
and  while  in  office  shall  receUe  no  other  emolument  from  this 
or  anj'  other  goAxuaiment. 

Sec.  5.  He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted; communicate  to  the  General  Assembly  at  every  session 


570 


CONSTITUTION  OF  VIRGINIA. 


the  condition  of  the  Commonwealth;  recommend  to  their  consid- 
eration such  measures  as  he  may  deem  expedient,  and  convene 
the  General  Assembly  on  application  of  two-thirds  of  the  mem- 
bers of  both  houses  thereof,  or  when,  in  his  opinion,  the  interest 
of  the  Commonwealth  may  require  it.  He  shall  be  commander- 
in-chief  of  the  land  and  naval  forces  of  the  State;  have  power 
to  embody  the  militia  to  repel  invasion,  suppress  insurrection, 
and  enforce  the  execution  of  the  laws;  conduct,  either  in  per- 
son or  in  such  manner  as  shall  be  prescribed  by  law,  all  inter- 
course with  other  and  foreign  States;  and  during  the  recess  of 
the  General  Assembly,  to  fill,  pro  tempore,  all  A^acancies  in  those 
offices  for  which  the  Constitution  and  laws  make  no  provision; 
but  his  appointments  to  such  vacancies  shall  be  by  commissions, 
to  expire  at  the  end  of  thirty  days  after  the  commencement  of 
the  next  session  of  the  General  Assembly.  He  shall  haA^e  power 
to  remit  fines  and  penalties  in  such  cases  and  under  such  rules 
and  regulations  as  may  be  prescribed  by  laAv,  and  except  when 
the  prosecution  has  been  carried  on  by  the  House  of  Delegates; 
to  grant  reprieves  and  pardons  after  con  Auction;  to  remoA^e 
political  disabilities  consequent  upon  conviction  for  offenses 
committed  prior  or  subsequent  to  the  adoption  of  this  Constitu- 
tion, and  to  commute  capital  punishment;  but  he  shall  com- 
municate to  the  General  Assembly,  at  each  session,  particulars 
of  eA^ery  case  of  fine  or  penalty  remitted,  of  reprieA^e  or  pardon 
granted,  and  of  punishment  commuted,  Avitli  liis  reasons  for 
remitting,  granting  or  commuting  the  same. 

Sec.  fi.  He  may  require  information,  in  Avriting,  from  the 
officers  in  tlie  executwe  department,  upon  any  subject  relating 
to  the  duties  of  their  respectHe  offices;  and  may  also  require 
the  opinion,  in  writing,  of  the  Attorney-General  upon  any  ques- 
tion of  laAv  connected  Avith  his  duties. 

Sec.  7.  Commissions  and  grants  shall  run  in  the  name  of  the 
CommouAvealtli  of  Virginia,  and  be  attested  hy  the  GoA^ernor, 
Avith  the  seal  of  the  CommonAvealtii  annexed. 

Sec.  8.  Every  bill  Avhich  shall  liaA^e  passed  the  Senate  and 
House  of  Delegates,  and  eA^ery  resolution  requiring  the  assent 
of  both  branches  of  the  General  AssemblA",  shall,  before  it  becomes 
a laAv,  b(»  ])resented  to  the  GoAmrnor;  if  lie  approA^es,  he  shall 
sign  it;  but  if  not,  he  shall  return  it,  Avith  his  objections,  to  the 
house  in  Avhich  it  shall  liaA'e  originated,  Avho  shall  enter  the 
objections  at  large  on  their  journal  and  proceed  to  reconsider  it. 


CONSTITUTION  OF  VIEOINIA. 


571 


If,  after  such  consideration,  two-thirds  of  the  members  present 
shall  agree  to  pass  the  bill  or. joint  resolution,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
all  the  members  present,  it  shall  become  a law,  notwithstanding 
the  objections  of  the  Governor.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  ayes  and  noes,  and  the 
names  of  the  members  voting  for  and  against  the  bill  or  joint  reso- 
lution shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  or  resolution  shall  not  be  returned  by  the  Governor 
within  five  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a law  in  like  manner  as  if 
he  had  signed  it,  unless  the  Legislature  shall,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a law. 

Lieutenant-  Governor. 

Sec.  9.  A Lieutenant-Governor  shall  be  elected  at  the  same 
time  and  for  the  same  term  as  the  Governor,  and  his  qualifica- 
tion and  the  manner  of  his  election  in  all  respects,  shall  be  the 
same. 

Sec.  10.  In  case  of  the  removal  of  tlie  Governor  from  oflice, 
or  of  his  death,  failure  to  qualify,  resignation,  removal  from  the 
State,  or  inability  to  discharge  the  powers  and  duties  of  the 
office,  the  said  office,  with  its  compensation,  shall  devolve  upon 
the  Lieutenant-Governor;  and  the  General  Assembly  shall  pro- 
vide by  law  for  the  discharge  of  the  executive  functions  in  other 
necessary  cases. 

Sec.  11.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  except  in  case  of  an  equal  divi- 
sion ; and  while  acting  as  such  shall  receive  a compensation  equal 
to  that  allowed  to  the  Speaker  of  the  House  of  Delegates. 

Secretarij  of  the  Coniwmnoealth.,  Treasurer  and  Auditor. 

Sec.  12.  A Secretary  of  the  Commonwealth,  Treasurer,  and 
Auditor  of  Public  Accounts  shall  be  elected  by  the  joint  vote  of 
the  two  houses  of  the  General  Assembly,  and  continue  in  office 
for  the  term  of  two  years,  unless  sooner  relieved.  The  salary 
of  each  shall  be  determined  by  law. 

Sec.  13.  The  Secretary  shall  keep  a record  of  the  official 
acts  of  the  Governor,  which  shall  be  signed  by  the  Governor  and 
attested  by  the  Secretary;  and  when  required,  he  shall  lay  the 


572 


CONkSTITUTION  of  vikoinia. 


same,  and  any  papers,  minutes  and  vouchers  pertaining  to  his 
office,  before  either  house  of  the  General  Assembly;  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  law.  All 
fees  received  by  the  Secretary  shall  be  paid  into  th^  treasury. 

Sec.  14.  The  powers  and  duties  of  the  Treasurer  and  Auditor 
shall  be  such  as  are  now^  or  may  hereafter  be  prescribed  by  law. 

Sec.  15.  There  may  be  established  in  the  office  of  the  Secre* 
tary  of  State  a bureau  of  statistics,  and  a bureau  of  agriculture, 
chemistry  and  geology,  under  such  regulations  as  may  be  pre- 
scribed by  law^ 

Sec.  16.  The  General  Assembly  shall  have  power  to  estab- 
lish a bureau  of  agriculture  and  immigration  under  such  regula- 
tions as  may  be  prescribed. 

Board  of  Public  Worlts. 

Sec.  17.  There  shall  be  a board  of  public  works,  to  consist 
of  the  Governor,  Auditor,  and  Treasurer  of  the  Commonwealth, 
under  such  regulations  as  may  be  prescribed  by  law. 

AKTICLE  V. 

Legislative  Dejpartment. 

Section  1.  The  legislative  power  of  this  Commonwealth  shall 
be  vested  in  a General  Assembly,  w^hich  shall  consist  of  a Sen- 
ate and  House  of  Delegates. 

Sec.  2.  The  House  of  Delegates  shall  be  elected  biennially 
by  the  voters  of  the  several  cities  and  counties  on  the  Tuesday 
succeeding  the  first  Monday  in  A^ovember,  and  shall,  from  and 
after  the  Tuesday  succeeding  the  first  Monday  in  November, 
eighteen  hundred  and  seventy-nine,  consist  of  not  more  than  one 
hundred  and  not  less  than  ninety  members. 

Sec.  3.  From  and  after  the  same  date  the  Senate  shall  con- 
sist of  not  less  than  thirty-three  nor  more  than  forty  members. 
They  shall  be  elected  for  the  term  of  four  j^ears  — for  the  elec- 
tion of  wdiom  the  counties,  cities  and  towms  shall  be  divided  into 
districts.  Each  county,  city  and  towm  of  the  respective  districts 
shall,  at  the  time  of  the  first  election  of  its  delegate  or  delegates 
under  this  amendment,  vote  for  one  or  more  Senators.  The  Sen- 
ators first  elected  under  this  amendment  in  districts  bearing 
odd  numbers  shall  vacate  their  offices  at  the  end  of  two  years; 
and  those  elected  in  districts  bearing  eA^en,' numbers  at  the  end 
of  four  years;  and  vacancies  occurring  by  expiration  of  term 
shall  be  filled  by  the  election  of  Senators  for  the  full  term. 


CONSTITUTION  OF  VIKOINIA. 


Sec.  4.  An  apportionment  of  Senators  and  members  of  the 
House  of  Delegates  shall  be  made  at  the  regular  session  of  the 
General  Assembly  next  preceding  the  Tuesday  after  the  first 
Monday  in  November,  eighteen  hundred  and  seventy-nine,  or 
sooner.  A reapportionment  shall  be  made  in  the  year  eighteen 
hundred  and  ninety-one,  and  every  tenth  year  thereafter. 

Qualifications  of  Senators  and  Delegates. 

Sec.  5.  Any  person  may  be  elected  Senator  who,  at  the  time 
of  election,  is  actually  a resident  within  the  district  and  qualified 
to  vote  for  members  of  the  General  Assembly  according  to  this 
Constitution;  and  any  person  may  be  elected  a member  of  the 
House  of  Delegates  who,  at  the  time  of  election,  is  actually  a 
resident  within  the  county,  city,  town  or  election  district,  quali- 
fied to  vote  for  members  of  the  General  Assembly  according  to 
this  Constitution.  But  no  person  holding  a salaried  office  under 
the  State  government  shall  be  capable  of  being  elected  a mem- 
ber of  either  house  of  the  General  Assembly.  The  remoAml  of  any 
person  elected  to  either  branch  of  the  General  Assembly  from 
the  city,  county,  town  or  district  for  which  he  was  elected  shall 
vacate  his  office. 

Powers  and  Duties  of  the  General  Assemhlg. 

Sec.  6.  The  General  Assembly  shall  meet  once  in  two  years, 
and  not  oftener,  unless  convened  by  the  Governor  in  the  man- 
ner prescribed  in  this  Constitution.  No  session  of  the  General 
Assembly,  after  the  first  under  this  amendment,  shall  continue 
longer  than  ninety  days  without  the  concurrence  of  three-fifths 
of  the  members  elected  to  each  house;  in  wiiich  case  the  session 
may  be  extended  for  a further  period,  not  exceeding  thirty  days. 
Neither  house  during  the  session  of  the  General  Assembly  shall, 
without  J:he  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  place  than  that  in  vhich  the  twm  houses  shall 
be  sitting.  A majority  of  the  members  elected  to  each  house 
shall  constitute  a quorum  to  do  business;  but  a smaller  number 
may  adjourn  from  day  to  day,  and  shall  have  powder  to  compel 
the  atendance  of  absent  members  in  such  manner  and  under 
such  penalty  as  each  house  may  prescribe. 

Sec.  7.  The  House  of  Delegates  shall  choose  its  owm  Speaker: 
and  in  the  absence  of  the  Lieutenant-Governor,  or  when  he  shall 
exercise  the  office  of  the  GoA^ernor,  the  Senate  shall  choose  from 


574 


CONSTITUTION  OF  VIKOINIA. 


their  own  body  a President  pro  tempore;  and  each  house  shall 
appoint  its  own  officers,  settle  its  own  rules  of  proceeding,  and 
direct  writs  of  election  for  supplying  intermediate  vacancies;  but 
if  vacancies  shall  occur  during  the  recess  of  the  General  Assem- 
bly, such  writs  may  be  issued  by  the  Governor,  under  such  regu- 
lations as  may  be  prescribed  by  law.  Each  house  shall  judge 
of  the  election,  qualification  and  returns  of  its  members;  may 
punish  them  for  disorderly  behavior,  and,  with  the  concurrence 
of  two-thirds,  expel  a member. 

Sec.  8.  The  members  of  the  General  Assembly  shall  receiv’^e 
for  their  services  a salary,  to  be  ascertained  by  law  and  paid 
out  of  the  public  treasury;  but  no  act  increasing  such  salary 
sliall  take  effect  until  after  the  end  of  the  term  for  which  the 
members  of  the  House  of  Delegates  voting  thereon  were  elected; 
artl  no  Senator  or  Delegate,  during  the  term  for  which  he  shall 
b.ave  been  elected,  shall  be  appointed  to  any  civil  office  of  profit 
under  the  CommonW'ealth  wffiich  has  been  created,  or  the  emoiu- 
II ants  of  which  have  been  increased  during  such  term,  except 
<fffiCTs  filled  by  election  by  the  people. 

Sec.  9.  Bills  and  resolutions  may  originate  in  either  of  the 
tv\o  houses  of  the  General  Assembly,  to  be  approved  or  rejected 
bv  either,  and  may  be  amended  by  either  house,  with  the  con- 
sent of  the  other. 

Sec.  10.  Each  house  of  the  General  Assembly  shall  keep  a 
journal  of  its  proceedings,  wdiich  shall  be  published  from  time 
to  time;  and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal.  No  bill  shall  become  a law  until  it 
has  been  read  on  three  different  days  of  the  session  in  the  house 
in  wdiich  it  originated,  unless  two-thirds  of  the  members  in  that 
house  shall  otherwise  determine. 

Sec.  11.  The  members  of  the  General  Assembly  shall,  in  all 
cases  except  treason,  felony  or  breach  of  the  peace,  be  privileged 
from  arrest  during  the  sessions  of  their  respective  houses;  and 
for  any  speech  or  debate  in  either  house  they  shall  not  be  ques- 
tioned in  any  other  place.  They  shall  not  be  subject  to  arrest, 
under  any  civil  process,  during  the  sessions  of  the  General 
Assembly,  nor  for  fifteen  days  next  before  the  convening  and 
.‘ifler  the  termination  of  each  session. 

Sec.  12.  The  w’hole  nuiiiber  of  members  to  which  the  State 
may  at  any  time  be  entitled  in  the  House  of  Representatives  of 


CONSTITUTION  OF  VIKOINIA. 


575 


the  United  States  shall  be  apportioned,  as  nearly  as  may  be, 
amongst  the  several  counties,  cities  and  towns  of  the  State 
according  to  their  population. 

Sec.  13.  In  the  apportionment  the  State  shall  be  divided  into 
districts  corresponding  in  number  with  the  representatives  to 
which  it  may  be  entitled  in  the  House  of  Kepresentatives  of  the 
Congress  of  the  United  States,  which  shall  be  formed,  respec- 
tively, of  contiguous  counties,  cities  and  towns;  be  compact  and 
include,  as  nearly  as  may  be,  an  equal  number  of  population. 

Sec.  14.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless  when,  in  cases  of  invasion  or  rebellion,  the 
public  safety  may  require  it.  The  General  Assembly  shall  not 
pass  any  bill  of  attainder,  or  any  ex  post  facto  law,  or  any  law 
impairing  the  obligation  of  contracts,  or  any  lavv  whereby  piivate 
property  shall  be  taken  for  public  uses  withoiit  in  it  compensa 
tion,  or  any  law'  abridging  the  freedom  of  speech  or  of  the  press. 
No  man  shall  be  compelled  to  frequent  or  support  any  religions 
worship,  place  or  ministry  whatsoever,  nor  shall  any  man  be 
enforced,  restrained,  molested  or  burthened  in  his  body  or  goods, 
or  otherwise  suffer  on  account  of  his  religious  opinions  or  belief, 
but  all  men  shall  be  free  to  profess,  and  by  argument  to  main- 
tain, their  opinion  in  matters  of  religion,  and  the  same  shall  in 
no  wise  affect,  diminish  or  enlarge  their  civil  capacities.  And 
the  General  Assembly  shall  not  prescribe  any  religious  test 
w’hatever,  or  confer  any  peculiar  privileges  or  advantages  on  any 
sect  or  denomination,  or  pass  any  law  requiring  or  authorizing  any 
religious  society,  or  the  people  of  any  district  within  this  Com- 
monwealth to  levy  on  themselves  or  others  any  tax  for  the  erec- 
linn  or  repair  of  any  house  of  public  worship,  or  for  the  sup- 
]'<ort  of  any  church  or  ministry,  but  it  shall  be  left  free  to  every 
person  to  select  his  religious  instructor,  and  to  make  for  his 
support  such  private  contract  as  he  shall  please. 

8ec.  15.  No  law  shall  embrace  more  than  one  object,  which 
shall  be  expressed  in  its  title;  nor  shall  any  law  be  revived  or 
amended  wuth  reference  to  its  title,  but  the  act  revived  or  the 
section  amended  shall  be  re-enacted  and  published  at  length. 

Sec.  16.  The  Governor,  Lieutenant-Governor,  Judges,  and  all 
tubers  offending  against  the  State  by  maladministration,  cor- 
I 'iption,  neglect  of  duty  or  other  high  crime  or  misdemeanor, 
shall  be  impeachable  by  the  House  of  Helegates,  and  be  prose- 
cuted before  the  Senate,  which  shall  have  the  sole  power  to  try 


576 


CONSTITUTION  OF  VIROINIA. 


impeachment.  When  sitting  for  that  purpose  they  shall  be  on 
oath  or  ahirmation,  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  present.  Judgment 
in  case  of  impeachment  shall  not  extend  further  than  to  removal 
from  office  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust  or  profit  under  the  Commonwealth;  but  the  party 
convicted  shall  nevertheless  be  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law.  The  Senate  may 
sit  during  the  recess  of  the  General  Assembly  for  the  trial  of 
impeachment. 

Sec.  17.  The  General  Assembly  shall  not  grant  a charter  of 
incorporation  to  any  church  or  religious  denomination,  but  may 
secure  the  title  to  church  property  to  an  extent  to  be  limited 
by  law. 

Sec.  18.  No  lottery  shall  hereafter  be  authorized  by  law;  and 
the  buying,  selling  or  transferring  of  tickets  or  chances  in  any 
lottery  shall  be  prohibited. 

Sec.  19.  No  new  county  shall  be  formed  with  an  area  of  less 
than  six  hundred  square  miles;  nor  shall  the  county  or  counties 
from  which  it  is  formed  be  reduced  below  that  area;  nor  shall 
any  county  having  a population  less  than  ten  thousand  be 
deprived  of  more  than  one-fifth  of  such  population;  nor  shall  a 
county  having  a larger  population  be  reduced  below  eight  thou- 
sand. But  any  county  the  length  of  which  is  three  times  its 
mean  breadth,  or  which  exceeds  fifty  miles  in  length,  may  be 
divided  at  the  discretion  of  the  General  Assembly.  In  all  gen- 
eral elections  the  voters  in  any  county  not  entitled  to  separate 
representation  shall  vote  in  the  same  election  district. 

Sec.  20.  The  General  Assembly  shall  confer  on  the  courts 
the  power  to  grant  divorces,  change  the  names  of  persons,  and 
direct  the  sale  of  estates  belonging  to  infants  and  other  persons 
under  legal  disability,  but  shall  not,  by  special  legislation,  grant 
relief  in  such  cases,  or  in  any  other  case  of  which  the  courts  or 
other  tribunals  may  have  jurisdiction. 

Sec.  21.  The  General  Assembly  shall  provide  for  the  annual 
registration  of  births,  marriages  and  deaths. 

Sec.  22.  The  manner  of  conducting  and  making  returns  of 
elections,  of  determining  contested  elections,  and  of  filling  vacan- 
cies in  oflice,  in  cases  not  specially  provided  for  by  this  Consti- 
tution, shall  be  prescribed  by  law,  and  the  General  Assembly 


CONSTITUTION  OF  VIRGINIA. 


57' 


may  declare  the  cases  in  which  any  office  shall  be  deemed  vacant 
where  no  provision  is  made  for  that  purpose  in  this  Constitu- 
tion. 

Sec.  23.  The  Legislature  shall  have  power  to  provide  for  the 
government  of  cities  and  towns,  and  to  establish  such  courts 
therein  as  may  be  necessary  for  the  administration  of  justice. 

Sec.  24.  The  General  Assembly  shall  have  power,  by  a two- 
thirds  vote,  to  remove  disabilities  incurred  under  clause  third, 
section  one,  article  third,  of  this  Constitution,  with  reference  to 
duelling. 

ARTICLE  VI. 

Judiciary  Department. 

Section  1.  There  shall  be  a Supreme  Court  of  Appeals,  Cir- 
cuit Courts  and  County  Courts.  The  jurisdiction  of  these  tri- 
bunals, and  the  judges  thereof,  except  so  far  as  the  same  is  con- 
ferred by  this  Constitution,  shall  be  regulated  by  law. 

Sec.  2.  The  Supreme  Court  of  Appeals  shall  consist  of  live 
judges,  any  three  of  whom  may  hold  a court.  It  shall  have 
appellate  jurisdiction  only,  except  in  cases  of  habeas  corpus, 
mandamus,  and  prohibition.  It  shall  not  have  jurisdiction  in 
civil  cases  where  the  matter  in  controversy,  exclusive  of  costs, 
is  less  in  value  or  amount  than  five  hundred  dMlars,  except  in 
controversies  concerning  the  title  or  boundaries  of  land,  the  pro- 
bate of  a will,  the  appointment  or  qualification  of  a personal 
representative*  guardian,  committee  or  curator;  or  concerning 
a mill,  roadway,  ferry,  or  landing;  or  the  right  of  a corporation 
or  of  a county  to  levy  tolls  or  taxes,  and  except  in  cases  of 
habeas  corpus,  mandamus,  and  prohibition,  or  the  constitution- 
ality of  a law:  Provided,  that  the  assent  of  a majority  of  the 
judges  elected  to  the  court  shall  be  required  in  order  to  declare 
any  law  null  and  void  by  reason  of  its  repugnance  to  the  Fed- 
eral Constitution  or  to  the  Constitution  of  this  State. 

Sec.  3.  Special  Courts  of  Appeals,  to  consist  of  not  less  than 
three  nor  more  than  five  judges,  may  be  formed  of  the  judges 
of  the  Supreme  Court  of  Appeals  and  of  the  Circuit  Courts,  or 
any  of  them,  to  try  any  cases  on  the  docket  of  said  court  in 
respect  to  which  a majority  of  the  judges  thereof  may  be  so 
si  mated  as  to  make  it  improper  for  them  to  sit  on  the  hearing 
of  the  same;  also,  to  try  any  cases  on  the  said  docket  wjfi.ch 
cannot  be  otherwise  disposed  of  with  convenient  dispatch 
37 


578 


CONSTITUTION  OF  VmOINIA. 


Sec.  4.  When  a judgment  or  decree  is  reverstid  or  affirmed 
by  the  Supreme  Court  of  Appeals  the  reasons  therefor  shaU  be 
stated  in  writing  and  preserved  with  the  records  of  the  case. 

Sec.  5.  The  judges  shall  be  chosen  by  the  joint  vote  of  the 
two  houses  of  the  General  Assembly,  and  shall  hold  their  office 
for  a term  of  twelve  years ; they  shall,  when  chosen,  have  held  a 
judicial  station  in  the  United  States,  or  shall  have  practiced  law 
in  this  or  some  other  State  for  five  years. 

Sec.  6.  The  officers  of  the  Supreme  Court  of  Appeals  shall 
be  appointed  by  the  said  court  or  by  the  judges  thereof  in  vaca- 
tion. Their  duties,  compensation  and  tenure  of  office  shall  be 
prescribed  by  law. 

Sec.  7.  The  Supreme  Court  of  Appeals  shall  hold  its  sessions 
at  two  or  more  places  in  the  State,  to  be  fixed  by  law. 

Sec.  8.  At  every  election  of  a Governor  an  Attorney-General 
shall  be  elected  by  the  qualified  voters  of  this  Commonwealth. 
He  shall  be  commissioned  by  the  Governor,  perform  such  duties 
and  receive  such  compensation  as  may  be  prescribed  by  law, 
and  shall  be  removable  in  the  manner  prescribed  for  the  removal 
of  judges.  ! 

Circuit  Courts. 

Sec.  9.  The  State  shall  be  divided  into  sixteen  judicial  cir- 
cuits, as  follows : 

1.  The  counties  of  Norfolk,  Princess  Anne,  Nansemond,  Isle  of 
Wight,  Southampton,  Surry  and  the  city  of  Norfolk  shall  consti- 
tute the  first  circuit. 

2.  The  counties  of  Sussex,  Greenesville,  Brunswick,  Prince 
George,  Hinwiddie,  Notoway,  Chesterfield  and  the  city  of  Peters- 
burg shall  constitute  the  second  circuit. 

3.  The  counties  of  Mecklenburg,  Lunenburg,  Charlotte,  Amelia, 
Powhatan,  Prince  Edward,  Buckingham  and  Cumberland  shall 
constitute  the  third  circuit. 

4.  The  counties  of  Halifax,  Pittsylvania,  Henry,  Patrick, 
Franklin  and  the  town  of  Danville  shall  constitute  the  fourth 
circuit. 

5.  The  counties  of  Bedford,  Campbell,  Appomattox,  Amherst, 

Nelson  and  the  city  of  Lynchburg  shall  constitute  the  fifth 
circuit.  , 

6.  The  counties  of  Albemarle,  Fluvanna,  Culpeper,  Goochland, 
">radison,  Greene  and  Orange  shall  constitute  the  sixth  circuit. 


CONSTITUTION  OF  VIROINIA. 


579 


7.  The  county  of  Henrico  and  the  city  of  Richmond  shall  con- 
stitute the  seventh  circuit. 

8.  The  counties  of  Accomac,  Northampton,  York,  Elizabeth 
City,  Warwick,  James  City,  New  Kent,  Charles  City  and  the  city 
of  Wdliamsburg  shall  constitute  the  eighth  circuit. 

9.  The  counties  of  Lancaster,  Northumberland,  Mathews,  Mid- 
dlesex, Gloucester,  King  William,  Essex,  and  King  and  Queen 
shaU  constitute  the  ninth  circuit. 

10.  The  counties  of  Westmoreland,  Spotsylvania,  Caroline, 
Hanover,  Stafford,  King  George,  Richmond  and  Louisa  shall 
constitute  the  tenth  circuit. 

11.  The  counties  of  Loudoun,  Fauquier,  Fairfax,  Prince  Wil- 
liam, Rappahannock  and  Alexandria  shall  constitute  the  eleventh 
circuit. 

12.  The  counties  of  Frederick,  Clarke,  Warren,  Page,  Shenan- 
doah and  Rockingham  shall  constitute  the  twelfth  circuit. 

13.  The  counties  of  Augusta,  Rockbridge,  Bath,  Highland  and 
Alleghany  shall  constitute  the  thirteenth  circuit. 

14.  The  counties  of  Botetourt,  Roanoke,  Montgomery,  Floyd, 
Giles  and  Craig  shall  constitute  the  fourteenth  circuit. 

15.  The  counties  of  Carroll,  Grayson,  Wythe,  Pulaski,  Bland 
and  Tazew’ell  shall  constitute  the  fifteenth  circuit. 

16.  The  counties  of  Smyth,  Washington,  Lee,  Scott,  Wise, 
Russell  and  Buchanan  shall  constitute  the  sixteenth  circuit. 

Sec.  10.  The  General  Assembly  may  rearrange  said  circuits, 
or  any  of  them,  and  increase  or  diminish  the  number  thereof 
when  the  public  interests  shall  require  it. 

Sec.  11.  For  each  circuit  a judge  shall  be  chosen  by  the  joint 
vote  of  the  two  houses  of  the  General  Assembly,  who  shall  hold 
his  office  for  a term  of  eight  years,  unless  sooner  removed  in  the 
manner  prescribed  by  this  Constitution.  He  shall,  when  chosen, 
possess  the  same  qualifications  of  judges  of  the  Supreme  Court 
of  Appeals;  and  during  his  continuance  in  office  shall  reside  in 
the  circuit  of  which  he  is  judge. 

Sec.  12.  A Circuit  Court  shall  be  held  at  least  twice  a year 
by  the  judges  of  each  circuit  in  every  county  and  corporation 
thereof  wherein  a Circuit  Court  now  is  or  may  hereafter  be 
established.  But  the  judges  may  be  required  or  authorized  to 
hold  the  courts  of  their  respective  circuits  alternately,  and  the 
judge  of  one  circuit  to  hold  court  in  any  other  circuit. 


580 


CONSTITUTION  OF  VIRGINIA. 


County  Courts. 

Sec.  13.  In  each  county  of  this  Commonwealth  there  shall  he 
a court  called  the  County  Court,  which  shall  be  held  monthly 
by  a judge  learned  in  the  law  of  the  State,  and  to  be  known  as 
the  County  Court  Judge:  Provided,  that  counties  containing 
less  than  eight  thousand  inhabitants  shall  be  attached  to  adjoin- 
ing counties  for  the  formation  of  districts  for  county  judges. 
County  Court  judges  shall  be  chosen  in  the  same  manner  as 
judges  of  the  Circuit  Courts.  They  shall  hold  their  office  for  a 
term  of  six  years,  except  the  first  term  under  this  Constitution, 
which  shall  be  three  years,  and  during  their  continuance  in 
office  they  shall  reside  in  their  respective  counties  or  districts. 
The  jurisdiction  of  said  courts  shall  be  the  same  as  that  of  the 
existing  County  Courts,  except  so  far  as  it  is  modified  by  this 
Constitution  or  may  be  changed  by 

Government  of  Cities  and  Towns. 

Sec.  14.  For  each  city  or  town  in  the  State  containing  a 
population  of  five  thousand  shall  be  elected,  on  the  joint  vote 
of  the  two  houses  of  the  General  Assembly,  one  city  judge,  who 
shaU  hold  a Corporation  or  Hustings  Court  of  said  city  or  town 
as  often  and  as  many  days  in  each  month  as  may  be  prescribed 
by  law,  with  similar  jurisdiction  which  may  be  given  by  law  to 
the  Circuit  Courts  of  this  State,  and  who  shall  hold  his  office 
for  a term  of  six  years:  Provided,  that  in  cities  or  towns  con- 
taining thirty  thousand  inhabitants  there  may  be  elected  an 
additional  judge  to  hold  courts  of  probate  and  record,  separate 
and  apart  fi’oin  tlie  Corporation  or  Hustings  Courts,  and  perform 
such  other  duties  as  shall  be  prescribed  by  law. 

Sec.  15.  Also,  the  following  enumerated  officers,  who  shall  be 
elected  by  the  qualified  voters  of  the  said  cities  or  towns:  One 
clerk  of  the  Corporation  or  Hustings  Court,  who  shall  also  be  the 
clerk  of  the  Circuit  Court,  except  in  cities  or  towns  containing  a 
population  of  thirty  thousand  or  more,  in  wffiich  city  or  town 
there  may  be  a separate  clerk  for  the  Circuit  C/Ourt,  who  shall 
hold  his  office  for  a term  of  six  years. 

Sec.  16.  One  Commonw^ealth’s  attorney,  who  shall  be  the 
Commonwealth’s  attorney  for  the  Circuit  Court,  and  shall  hold 
his  office  for  a term  of  two  years. 

Sec.  17.  One  city  sergeanV:,  who  shall  hold  his  office  for  a 
term  of  two  years. 


CONSTITUTION  OF  VIROINIA. 


581 


Sec.  18.  One  city  or  town  treasurer,  whose  duties  shall  be 
similar  to  those  of  county  treasurer,  and  shall  hold  his  office  for 
a term  of  three  years. 

Sec.  19.  One  commissioner  of  the  revenue. 

Sec.  20.  There  shall  be  chosen  by  the  electors  of  every  city 
a mayor,  who  shall  be  the  chief  executive  officer  thereof,  and  who 
shall  see  that  the  duties  of  the  various  city  officers  are  faithfully 
performed.  He  shall  have  power  to  investigate  their  acts,  have 
access  to  all  books  and  documents  in  their  offices,  and  may 
examine  them  and  their  subordinates  on  oath.  The  evidence 
given  by  persons  so  examined  shall  not  be  used  against  them  in 
any  criminal  proceedings.  He  shall  also  have  power  to  suspend 
or  remove  such  officers  whether  they  be  elected  or  appointed,  for 
misconduct  in  office  or  neglect  of  duty,  to  be  specified  in  the 
order  of  suspension  or  removal;  but  no  such  removal  shall  be 
made  without  reasonable  notice  to  the  officer  complained  of  and 
ail  opportunity  afforded  him  to  be  heard  in  his  defense.  All  city 
town  and  village  officers  whose  election  or  appointment  is  not 
provided  for  by  this  Constitution  shall  be  elected  by  the  electors 
of  such  cities,  towns  and  villages,  or  of  some  division  thereof,  or 
appointed  by  such  authorities  thereof  as  the  General  Assembly 
shall  designate.  All  other  officers  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  and  all  officers 
whose  offices  may  be  hereafter  created  by  law,  shall  be  elected 
by  the  people  or  appointed,  as  the  General  Assembly  may  direct. 
Members  of  Common  Councils  shall  hold  no  other  office  in  cities, 
and  no  city  officer  shall  hold  a seat  in  the  General  Assembly. 
The  General  Assembly,  at  its  first  session  after  the  adoption  of 
this  Constitution,  shall  pass  such  laws  as  may  be  necessary  to 
give  effect  to  the  provisions  of  this  article.  General  laws  shall 
be  passed  for  the  organization  and  government  of  cities,  and  no 
special  act  shall  be  passed  except  in  cases  where,  in  the  judg- 
ment of  the  General  Assembly,  the  object  of  such  act  cannot  be 
attained  by  general  laws.  Nothing  in  this  act  shall  affect  the 
power  of  the  General  Assembly  over  quarantine,  or  in  regard  to 
the  port  of  Norfolk,  or  the  interest  of  the  State  in  the  lands  under 
water  and  within  the  jurisdiction  or  boundaries  of  any  city,  or  to 
regulate  the  wharves,  piers  or  slips  in  any  city.  All  laws  or 
city  ordinances  in  confiict  with  the  provisions  of  the  preceding 
sections  shall  be  void  from  and  after  the  adoption  of  this  Consti- 
tution. 


582 


CONSTITUTION  OF  VIROINIA. 


Sec.  21.  All  regular  elections  for  city  or  town  officers  under 
this  article  shall  he  held  on  the  fourth  Thursday  in  May,  and 
the  officers-elect  shall  enter  upon  their  duties  on  the  first  day 
of  July  succeeding. 

General  Provisions. 

Sec.  22.  All  the  judges  shall  be  commissioned  by  the  Gov- 
ernor, and  shall  receive  such  salaries  and  allowances  as  may  be 
determined  by  law,  the  amount  of  which  shall  not  be  diminished 
during  their  term  of  office.  Their  terms  of  office  shall  commence 
on  the  first  day  of  January  next  following  their  appointment, 
and  they  shall  discharge  the  duties  of  their  respective  offices 
from  their  first  appointment  and  qualification  under  this  Con- 
stitution until  their  terms  begin. 

Sec.  23.  Judges  may  be  removed  from  office  by  a concurrent 
vote  of  both  houses  of  the  General  Assembly,  but  a majority  of 
all  the  members  elected  to  each  house  must  concur  in  such  vote, 
and  the  cause  of  removal  shall  be  entered  on  the  journal  of  each 
house.  The  judge  upon  whom  the  General  Assembly  may  be 
about  to  proceed  shall  have  notice  thereof,  accompanied  by  a 
copy  of  the  causes  alleged  for  his  removal,  at  least  twenty  days 
before  the  day  on  which  either  house  of  the  General  Assembly 
shall  act  thereon. 

Sec.  24.  Judges  of  the  Supreme  Court  of  Appeals  and  judges 
of  the  Circuit  Courts  shall  not  hold  any  other  office  of  public 
trust  during  their  continuance  in  office. 

Sec.  25.  Judges  and  all  other  officers,  elected  or  appointed, 
shall  continue  to  discharge  the  duties  of  their  offices  after  their 
terms  of  service  have  expired  until  their  successors  have  qualified. 

Sec.  20.  Writs  shaU  run  in  the  name  of  the  Commonwealth 
of  Virginia,”  and  be  attested  by  the  clerks  of  the  several  courts. 
Indictments  shall  conclude  against  the  peace  and  dignity  of 
the  Commonwealth.” 

AETICLE  Vn. 

County  Organizations. 

Section  1.  There  shall  be  elected  by  the  qualified  voters  of 
the  county  one  sheriff,  one  attorney  for  the  Commonwealth,  who 
shall  also  be  the  Commonwealth’s  attorney  for  the  Circuit  Court; 
one  county  clerk,  who  shall  also  be  the  clerk  of  the  Circuit 
Court,  except  that  in  counties  containing  fifteen  thousand  inhab- 
itants there  may  be  a separate  clerk  for  the  Circuit  Court;  one 


CONSTITUTION  OF  VIROINIA. 


583 


county  treasurer,  and  so  many  commissioners  of  the  revenue  as 
may  be  provided  by  law;  and  there  shall  be  appointed,  in  a 
manner  to  be  provided  by  law,  one  superintendent  of  the  poor  and 
one  county  surveyor;  and  there  shah,  also  be  appointed,  in  the 
manner  provided  for  in  article  eight,  one  superintendent  of 
schools.  All  regular  elections  for  county  officers  shall  be  held 
on  the  fourth  Thursday  in  May,  and  all  officers  elected  or 
appointed  under  this  provision  shall  enter  upon  the  duties  of 
their  offices  on  the  first  day  of  July  next  succeeding  their  elec* 
tion,  and  shall  hold  their  respective  offices  for  the  term  of  four 
years,  except  that  County  and  Circuit  Court  clerks  shall  hold 
office  for  six  years. 

Sec.  2.  Each  county  of  the  State  shall  be  divided  into  so 
many  compactly  located  magisterial  districts  as  may  be  deemed 
necessary,  not  less  than  three:  Provided,  that  after  these  have 
been  formed  no  additional  districts  shall  be  made  containing 
less  than  thirty  square  miles;  each  magisterial  district  shaU  be 

known  as  magisterial  district  of  county.  In  each 

district  there  shall  be  elected  one  supervisor,  three  justices  of 
the  peace,  one  constable,  and  one  overseer  of  the  poor,  who  shall 
hold  their  respective  offices  for  the  term  of  two  years.  All  regu- 
lar elections  for  magisterial  district  officers  shall  take  place  on 
the  fourth  Thursday  in  May,  and  all  officers  so  elected  shall  enter 
upon  the  duties  of  their  respective  offices  on  the  first  day  of  July 
next  succeeding  their  election.  The  supervisors  of  the  districts 
shall  constitute  the  Board  of  Supervisors  for  that  county,  whose 
duty  it  shaU  be  to  audit  the  accounts  of  the  county,  examine 
the  books  of  the  commissioners  of  the  revenue,  regulate  and 
equalize  the  valuation  of  property,  fix  the  county  levies  for  the 
ensuing  year,  and  perform  any  other  duties  required  of  them  by 
law. 

School  Districts. 

Sec.  3.  Each  magisterial  district  shaU  be  divided  into  so 
many  compactly  located  school  districts  as  may  be  deemed 
necessary:  Provided,  that  no  school  district  shaU  be  formed 

containing  less  than  one  hundred  inhabitants.  In  each  school 
district  there  shall  be  elected  or  appointed  annuaUy  one  school 
trustee,  who  shall  hold  his  office  three  years:  Provided,  that  at 
the  first  election  held  under  this  provision  there  shall  be  three 
trustees  elected,  whose  terms  shall  be  one,  two  and  three  years, 
respectively. 


584 


CONSTITUTION  OF  VIRGINIA. 


Sec.  4.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  Constitution,  shall  pass  such  laws  as  may  be 
necessary  to  give  effect  to  the  provisions  of  this  article.  But 
nothing  in  this  article  shall  be  construed  as  prohibiting  the 
General  Assembly  from  providing  by  law  for  any  additional  offi- 
cers in  any  city  or  county. 

Sec.  5.  Sheriffs  shall  hold  no  other  office.  They  may  by 
required  by  law  to  renew  their  security,  and  in  default  of  so 
doing  their  offices  shall  be  declared  vacant.  Counties  shall  never 
be  made  responsible  for  the  acts  of  the  sheriffs. 

ARTICLE  VIII. 

Education, 

Section  1.  The  General  Assembly  shall  elect,  in  joint  ballot, 
within  thirty  days  after  its  organization  under  this  Constitution, 
and  every  fourth  year  thereafter,  a superintendent  of  public 
instruction.  He  shall  have  the  general  supervision  of  the  public 
free  school  interest  of  the  State,  and  shall  report  to  the  General 
Assembly,  for  its  consideration,  within  thirty  days  after  his 
election,  a plan  for  a uniform  system  of  public  free  schools. 

Sec.  2.  There  shall  be  a Board  of  Education,  composed  of 
the  Governor,  Superintendent  of  Public  Instruction  and  Attor- 
ney-General, which  shall  appoint  and  have  power  to  remove,  for 
cause  and  upon  notice  to  the  incumbents,  subject  to  confirmation 
by  the  Senate,  all  county  superintendents  of  public  free  schools. 
This  board  shall  have,  regulated  by  law,  the  management  and 
investment  of  all  school  funds,  and  such  supervision  of  schools 
of  higher  grades  as  the  law’  shall  provide. 

Sec.  3.  The  General  Assembly  shall  provide  by  law,  at  its 
first  session  under  this  Constitution,  a uniform  system  of  public 
free  schools,  and  for  its  gradual,  equal  and  full  introduction  into 
aU  the  counties  of  the  State  by  the  year  1876,  or  as  much  earlier 
as  practicable. 

Sec.  4.  The  General  Assembly  shall  have  power,  after  a fuU 
introduction  of  the  public  free  school  system,  to  make  such  laws 
as  shall  not  permit  parents  and  guardians  to  allows  their  children 
to  grow  up  in  ignorance  and  vagrancy. 

Sec.  5.  The  General  Assembly  shall  establish,  as  soon  as 
practicable,  normal  schools,  and  may  establish  agricul- 
tural schools,  and  such  grades  of  schools  as  shall  be  for  the 
public  good. 


CONSTITUTION  OF  VIRGINIA. 


585 


Sec.  6.  The  Board  of  Education  shall  provide  for  uniformity 
of  text-books  and  the  furnishing?  of  school-houses  with  such  appa- 
ratus and  library  as  may  be  necessary,  under  such  regulations 
as  may  be  provided  by  law. 

Sec.  7.  The  General  Assembly  shall  set  apart,  as  a permanent 
and  perpetual  literary  fund,  the  present  literary  funds  of  the 
State,  the  proceeds  of  all  public  lands  donated  by  Congress  for 
public  school  purposes,  of  all  escheated  property,  of  all  w aste 
and  unappropriated  lands,  of  all  property  accruing  to  the  State 
by  forfeiture,  and  all  fines  collected  for  offenses  committed 
against  the  State,  and  such  other  sums  as  the  General  Assembly 
may  appropriate. 

Sec.  8.  The  General  Assembly  shall  apply  the  annual  intei*est 
on  the  literary  fund,  the  capitation  tax  provided  for  by  this 
Constitution  for  public  free  school  purposes,  and  an  annual  lax 
upon  the  property  of  the  State  of  not  less  than  one  mill  nor 
more  than  five  mills  on  the  dollar,  for  the  equal  benefit  of  all  the 
people  of  the  State,  the  number  of  children  betwmen  the  ages 
of  five  and  twenty-one  years  in  each  public  free  school  district 
being  the  basis  of  such  division.  Provision  shall  be  made  to 
supply  children  attending  the  public  free  schools  with  ne(‘essory 
text-books  in  cases  where  the  parent  or  guardian  is  unable,  by 
reason  of  poverty,  to  furnish  them.  Each  county  and  public 
free  school  district  may  raise  additional  sums  by  a tax  on  prop- 
erty for  the  support  of  the  public  free  schools.  All  unexpended 
sums  of  any  one  year  in  any  public  free  school  district  shall  go 
into  the  general  school  fund  for  redivision  next  year:  Provided, 
that  any  tax  authorized  by  this  section  to  be  raised  by  counties 
or  school  districts  shall  not  exceed  five  mills  on  a dollar  in  any 
one  year,  and  shall  not  be  subject  to  redivision,  as  hereinbefore 
provided  in  this  section. 

Sec.  9.  The  General  Assembly  shall  have  power  to  foster  all 
higher  grades  of  schools  under  its  supervision,  and  to  provide 
for  such  purpose  a permanent  educational  fund. 

Sec.  10.  All  grants  and  donations  received  by  the  General 
Assembly  for  educational  purposes  shall  be  applied  according 
to  the  terras  nrescribed  by  the  donors. 

Sec.  11.  Each  city  and  county  shall  be  held  accountable  for 
the  destruction  of  school  property  that  may  take  place  within 
its  limits  by  incendiaries  or  open  violence. 


586 


CONSTITUTION  OF  VmaiNIA. 


Sec.  12.  The  General  Assembly  shall  fix  the  salaries  and 
prescribe  the  duties  of  all  school  officers,  and  shall  make  all 
needful  laws  and  regulations  to  carry  into  effect  the  public  free 
school  system  provided  for  by  this  article. 

ARTICLE  IX. 

Militia. 

Section  1.  The  militia  of  this  State  shall  consist  of  all  able- 
bodied  male  nersons  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  persons  as  hereafter  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State;  but  those  who 
belong  to  religious  societies  whose  tenets  forbid  them  to  carry 
arms  shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent 
for  personal  service:  and  the  militia  shall  be  organized,  armed 
and  equipped,  and  trained  as  the  General  Assembly  may  pro- 
vide by  law. 

Sec.  2.  The  Legislature  shaU  provide  by  law  for  the  encour- 
agement of  volunteer  corps  of  the  several  arms  of  the  service, 
which  shall  be  classed  as  the  active  militia;  and  all  other  militia 
shall  be  classified  as  the  reserve  militia,  and  shall  not  be  required 
to  muster  in  time  of  peace. 

ARTICLE  X. 

Taxation  and  Finance. 

Section  1.  Taxation,  except  as  hereinafter  provided,  whether 
imposed  by  the  State,  county,  or  corporate  bodies,  shall  be  equal 
and  uniform,  and  all  property,  both  real  and  personal,  shall  be 
taxed  in  proportion  to  its  value,  to  be  ascertained  as  prescribed 
by  law.  No  one  species  of  property  from  which  a tax  may  be 
collected  shall  be  taxed  higher  than  any  other  species  of  prop- 
erty of  equal  value. 

Sec.  2.  No  tax  shall  be  imposed  on  any  of  the  citizens  of  this 
State  for  the  privilege  of  taking  or  catching  oysters  from  their 
natural  beds  with  tongs  in  the  waters  thereof;  but  the  amount 
of  sales  of  oysters  so  taken  by  any  citizen  in  any  one  year,  may 
be  taxed  at  a rate  not  exceeding  the  rate  of  taxation  imposed 
upon  any  other  species  of  property. 

Sec.  3.  The  Legislature  may  exempt  all  property  used  exclu- 
sively for  State,  county,  municipal,  benevolent,  charitable,  edu- 
cational and  religious  purposes. 

Sec.  4.  The  General  Assembly  may  levy  a tax  on  income  in 
excess  of  six  hundred  dollars  per  annum,  and  upon  the  following 


CONSTITUTION  OF  VERGINIA. 


587 


licenses — viz.:  The  sale  of  ardent  spirits,  theatrical  and  circus 

companies,  menageries,  jugglers,  itinerant  peddlers,  and  all  other 
shows  and  exhibitions  for  which  an  entrance  fee  is  required; 
commission  merchants,  persons  selling  by  sample,  brokers  and 
pawnbrokers,  and  all  other  business  which  cannot  be  reached 
by  the  ad  valorem  system.  The  capital  invested  in  aU  business 
operations  shall  be  assessed  and  taxed  as  other  property. 
Assesments  upon  all  stock  shall  be  according  to  the  market 
value  thereof. 

Sec.  5.  The  General  Assembly  may  levy  a tax,  not  exceed- 
ing one  dollar  per  annum,  on  every  male  citizen  who  has  attained 
the  age  of  twenty-one  years,  which  shall  be  applied  exclusively 
in  aid  of  public  free  schools;  and  counties  and  corporations  shall 
have  power  to  impose  a capitation  tax,  not  exceeding  fifty  cents 
per  annum,  for  all  purposes. 

Sec.  6.  The  General  Assembly  shall  provide  for  a reassess- 
ment of  the  real  estate  of  this  State  in  the  year  1869,  or  as  soon 
thereafter  as  practicable,  and  every  fifth  year  thereafter:  Pro- 

vided, in  making  such  assessment  no  land  shall  be  assessed  above 
or  below  its  value. 

Sec.  7.  No  debt  shall  be  contracted  by  this  State  except  to 
meet  casual  deficits  irndhe  revenue,  to  redeem  a previous  liabil- 
ity of  the  State,  to  suppress  insurrection,  repel  invasion,  or 
defend  the  State  in  time  of  war. 

Sec.  8.  The  General  Assembly  shall  provide  by  law  a sinking 
fund,  to  be  applied  solely  to  the  payment  and  extinguishment  of 
the  principal  of  the  State  debt,  which  sinking  fund  shall  be 
continued  until  the  extinguishment  of  such  State  debt;  and 
every  law  hereafter  enacted  by  the  General  Assembly  creating 
a debt  or  authorizing  a loan  shall  provide  a sinking  fund  for  the 
payment  of  the  same. 

Sec.  9.  The  unfunded  debt  shaU  not  be  funded  or  redeemed 
at  a value  exceeding  that  established  by  law  at  the  time  said 
debt  was  contracted,  nor  shall  any  discrimination  hereafter  be 
made  in  paying  the  interest  on  State  bonds  which  shall  give  a 
higher  actual  value  to  bonds  held  in  foreign  countries  over  the 
same  class  of  bonds  held  in  this  country. 

Sec.  10.  No  money  shall  be  paid  out  of  the  State  treasury 
except  in  pursuance  of  appropriations  made  by  law;  and  no 
appropriation  shall  ever  be  made  for  the  payment  of  any  debt 
or  obligation  created,  in  the  name  of  the  State  of  Virginia,  by 


588 


CONSTITUTION  OF  VIRGINIA. 


the  usurped  and  pretended  State  authorities  assembled  at  Rich- 
mond during  the  late  war;  and  no  county,  city  or  corporation 
shall  levy  or  collect  any  tax  for  the  payment  of  any  debt  created 
for  the  purpose  of  aiding  any  rebellion  against  the  State  or 
against  the  United  States. 

Sec.  11.  On  the  passage  of  every  act  which  imposes,  con- 
tinues or  revives  any  appropriation  of  public  trust  money  or 
property,  or  releases,  discharges  or  commutes  any  claim  or 
demand  of  the  State,  the  vote  shall  be  determined  by  ayes  and 
noes,  and  the  names  of  the  persons  voting  for  and  against  the 
same  shall  be  entered  on  the  journals  of  the  respective  houses, 
and  a majority  of  all  the  members  elected  to  each  house  shall 
be  necessary  to  give  it  the  force  of  law. 

Sec.  12.  The  credit  of  the  State  shall  not  be  granted  to  or  in 
aid  of  any  person,  association  or  corporation. 

Sec.  13.  No  scrip,  certificate  or  other  evidence  of  State  indebt- 
edness shall  be  issued  except  for  the  redemption  of  stock  previ- 
ously issued,  or  for  such  debts  as  are  expressly  authorized  in  this 
Constitution. 

Sec.  14.  The  State  shall  not  subscribe  to  or  become  inter- 
ested in  the  stock  of  any  company,  association  or  corporation. 

Sec.  15.  The  State  shall  not  be  a party  to  or  become  inter- 
ested in  any  work  of  internal  improvement,  nor  engage  in  carry- 
ing on  any  such  work,  otherwise  than  in  the  expenditure  of 
grants  to  the  State  of  land  or  other  property. 

Sec.  16.  Every  law  which  imposes,  continues  or  revives  a tax 
shall  distinctly  state  the  tax  and  the  object  to  which  it  is  to  be 
applied,  and  it  shall  not,  be  sufficient  to  refer  to  any  other  law 
to  fix  such  tax  or  object. 

Sec.  17.  The  State  shall  not  assume  any  indebtedness  of  the 
county,  borough  or  city,  nor  lend  its  credit  to  the  same. 

Sec.  18.  A full  account  of  the  State  indebtedness  and  an 
accurate  statement  of  receipts  and  expenditures  of  public  money 
shall  be  attached  to  and  published  with  its  laws  passed  at  every 
regular  session  of  the  General  Assembly. 

Sec.  19.  The  General  Assembly  shall  provide  by  law  for 
adjusting  with  the  State  of  West  Virginia  the  proportion  of  the 
public  debt  of  Virginia  proper  to  be  borne  by  the  State  of  Vir- 
ginia and  West  Virginia,  and  shall  provide  that  such  sum  as 
shall  be  received  from  West  Virginia  shall  be  applied  to  the  pay- 
ment of  the  public  debt  of  the  State. 


CONSTITUTION  OF  VTROINIA. 


589 


Sec.  20.  No  other  or  greater  amount  of  tax  or  revenue  shall 
at  any  time  be  levied  than  may  be  required  for  the  necessary 
expenses  of  the  government  or  to  pay  the  existing  indebtedness 
of  the  State. 

Sec.  21.  The  liability  to  the  State  of  any  incorporated  com- 
pany or  institution  to  redeem  the  principal  and  to  pay  the 
interest  of  any  loan  heretofore  made  by  the  State  to  such  com- 
pany or  institution,  shall  not  be  released  or  commuted. 

AKTICLE  XI. 

Miscellaneous  Provisions. 

Homestead  and  Other  Exemptions. 

Section  1.  Every  householder  or  head  of  a family  shaU  be 
entitled,  in  addition  to  the  articles  now  exempt  from  levy  or 
distress  for  rent,  to  hold,  exempt  from  levy,  seizure,  garnishee- 
ing,  or  sale  under  any  execution,  order  or  other  process  issued 
on  any  demand  for  any  debt  heretofore  or  hereafter  contracted, 
his  real  and  personal  property,  or  either,  including  money  and 
debts  due  him,  whether  heretofore  or  hereafter  acquired  or  con- 
tracted, to  the  value  of  not  exceeding  two  thousand  dollars,  to 
be  selected  by  him:  Provided,  that  such  exemption  shall  not 

extend  to  any  execution,  order  or  other  process  issued  on  any 
demand  in  the  following  cases: 

First  — For  the  purchase-price  of  said  property  or  any  part 
thereof. 

Second  — For  services  rendered  by  a laboring  person  or  a 
mechanic. 

Third  — For  liabilities  incurred  by  any  public  officer  or  officer 
of  a court,  or  any  fiduciary,  or  any  attorney  at  law,  for  money 
collected. 

Fourth  — For  a lawful  claim  for  any  taxes,  levies  or  assess- 
ments accruing  after  the  1st  day  of  June,  1866. 

Fifth  — For  rent  hereafter  accruing. 

Sixth — -For  the  legal  or  taxable  fees  of  any  public  officer  or 
officers  of  a court  hereafter  accruing. 

Sec.  2.  The  foregoing  section  shall  not  be  construed  as  sub- 
jecting the  property  hereby  exem^pted,  or  any  portion  thereof,  to 
any  lien  by  reason  of  any  execution  levied  on  property  which  has 
been  subsequently  restored  to  the  defendant,  or  judgment  ren- 
dered or  docketed  on  or  after  the  17th  day  of  April,  1861,  and 


590 


CONSTITUTION  OF  VIROINIA. 


before  the  2d  day  of  March,  1867,  for  any  debt  contracted  pre- 
vious to  the  4th  day  of  April,  1864,  except  debts  of  the  charac- 
ter mentioned  in  either  of  the  above  first  three  exceptions. 

Sec.  3.  Nothing  contained  in  this  article  shall  be  construed 
to  interfere  with  the  sale  of  property  aforesaid,  or  any  portion 
thereof,  by  virtue  of  any  mortgage,  deed  of  trust,  pledge  or  other 
security  thereon. 

Sec.  4.  The  General  Assembly  is  hereby  prohibited  from 
passing  any  law  staying  the  collection  of  debts,  commonly  known 
as  stay  laws but  this  section  shall  not  be  construed  as  pro- 
hibiting any  legislation  which  the  General  Assembly  may  deem 
necessarv  to  fully  carry  out  the  provisions  of  this  article. 

Sec.  5.  The  General  Assembly  shall,  at  its  first  session  under 
this  Constitution,  prescribe  in  what  manner  and  on  what  condi- 
tions the  said  householder  or  head  of  a family  shall  thereafter 
set  apart  and  hold  for  himself  and  family  a homestead  out  of 
any  property  hereby  exempted,  and  may,  in  its  discretion,  deter- 
mine in  what  manner  and  on  what  conditions  he  may  thereafter 
hold,  for  the  benefit  of  himself  and  family,  such  personal  prop- 
erty as  he  may  have  and  coming  within  the  exemption  hereby 
made.  But  this  section  shaU  not  be  construed  as  authorizing  the 
General  Assembly  to  defeat  or  impair  the  benefits  intended  to 
be  conferred  by  the  provisions  of  this  article. 

Sec.  6.  An  act  of  the  General  Assembly,  entitled  An  act  to 
exempt  the  homesteads  of  families  from  forced  sales,”  passed 
April  29,  1877,  and  an  act  entitled  An  act  to  stay  the  collection 
of  debts  for  a limited  period,”  passed  March  2,  1866,  and  the  acts 
amendatory  thereof,  are  hereby  abrogated. 

Sec.  7.  The  provisions  of  this  article  shall  be  construed  lib- 
erally, to  the  end  that  all  the  intents  thereof  may  be  fully  and 
])erfectly  carried  out. 

Church  Property. 

Sec.  8.  The  rights  of  ecclesiastical  bodies  in  and  to  church 
property  conveyed  to  them  by  regular  deed  of  conveyance  shall 
not  be  affected  by  the  late  civil  war,  nor  by  any  antecedent  or 
subsequent  event,  nor  by  any  act  of  the  Legislature  purporting 
to  govern  the  same,  but  all  such  property  shall  pass  to  and  be 
held  by  the  parties  set  forth  in  the  original  deeds  of  convey- 
ance, or  the  legal  assignees  of  such  original  parties  holding 
through  or  by  conveyance,  and  any  act  or  acts  of  the  Legisla- 
hire  In  opposition  thereto  shall  be  null  and  void. 


CONSTITUTION  OF  VIROINIA. 


591 


Heirshi])  of  Property. 

Sec.  9.  The  children  of  parents  one  or  both  of  whom  were 
slaves  at  and  during  the  period  of  cohabitation,  and  who  were 
recognized  by  the  father  as  his  children,  and  whose  mother  was 
recognized  by  such  father  as  his  wife,  and  was  cohabitated  with 
as  such,  shall  be  as  capable  of  inheriting  any  estate  whereof 
such  father  may  have  died  seized  and  possessed  as  though  they 
had  been  born  in  lawful  wedlock. 

AKTICLE  Xn. 

’ Puture  Changes  in  the  Constitution. 

Section  1.  Any  amendment  or  amendments  to  the  Constitu- 
tion may  be  proposed  in  the  Senate  and  House  of  Delegates,  and 
if  the  same  shall  be  agreed  to  by  a majority  of  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals,  with  the  ayes 
and  noes  taken  thereon,  and  referred  to  the  General  Assembly 
to  be  chosen  at  the  next  general  election  of  Senators  and  mem- 
bers of  the  House  of  Delegates;  and  shall  be  published  for  three 
months  preHous  to  the  time  of  making  such  choice.  x4nd  if  in 
the  next  General  Assembly  so  next  chosen  as  aforesaid  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  all  the  members  elected  to  each  house,  then  it  shall  be 
the  duty  of  the  General  Assembly  to  submit  such  proposed 
amendment  or  amendments  to  the  people  in  such  manner  and 
at  such  times  as  the  General  Assembly  shall  prescribe;  and  if 
the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a majority  of  the  electors  qualified  to  vote  for  mem- 
bers of  the  General  Assembly  voting  thereon,  such  amendment 
or  amendments  shall  become  part  of  the  Constitution. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  1888,  and 
in  each  twentieth  year  thereafter,  and  also  at  such  time  as  the 
General  Assembly  may  by  law  provide,  the  question,  Shall 
there  be  a convention  to  revise  the  Constitution  and  amend  the 
same?”  shall  be  decided  by  the  electors  qualified  to  vote  for 
members  of  the  General  Assembly;  and  in  case  a majority  of 
the  electors  so  qualified  voting  at  such  election  shall  decide 
in  favor  of  a convention  for  such  purpose,  the  General  Assembly, 
at  its  next  session,  shall  provide  by  law  for  the  election  of  dele- 
gates to  such  convention:  Provided,  that  no  amendment  or 


592 


CONSTITUTION  OF  VIROINIA. 


revision  shall  be  made  which  shall  deny  or  in  any  way  impair 
the  right  of  suffrage  or  any  civil  or  political  right  as  conferred 
by  this  Constitution,  except  for  causes  which  apply  to  all  per- 
sons and  classes  without  distinction. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  changes  in  the  Con- 
stitution of  this  State,  and  in  order  to  carry  the  same  into  com- 
plete operation,  it  is  hereby  declared  that — 

Section  1.  The  common  law  and  the  statute  laws  now  in 
force  not  repugnant  to  this  Constitution  shall  remain  in  force 
until  they  expire  by  their  own  limitation  or  are  altered  or 
repealed  by  the  Legislature. 

Sec.  2.  All  writs,  actions,  causes  of  actions,  prosecutions, 
and  rights  of  individuals  and  of  bodies  corporate  and  of  the 
State,  and  all  charters  of  incorporation,  shall  continue;  and  all 
indictments  which  shall  have  been  found,  or  which  may  hereafter 
be  found,  for  any  crime  or  offense  committed  before  the  adoption 
of  this  Constitution,  may  be  proceeded  upon  as  if  no  change  had 
taken  place.  The  several  courts,  except  as  herein  otherwise  pro- 
vided, shall  continue,  wdth  the  like  powers  and  jurisdiction, 
both  in  law  and  in  equity,  as  if  this  Constitution  had  not  been 
adopted,  and  until  the  organization  of  the  judicial  department 
of  this  Constitution. 

Sec.  3.  That  all  fines,  penalties,  forfeitures  and  escheats 
accruing  to  the  State  of  Virginia  under  the  present  Constitution 
{\nd  laws  shall  accrue  to  the  use  of  the  State  under  this  Consti- 
tution. 

Sec.  4.  That  all  recognizances,  bonds,  obligations  and  all 
other  instruments  entered  into  or  executed  before  the  adoption 
of  this  Constitution,  to  the  people  of  the  State  of  Virginia,  to  any 
State,  county  or  township,  or  any  public  officer  or  public  body, 
or  which  may  be  entered  into  or  executed  under  existing  laws, 
to  the  people  of  the  State  of  Virginia,”  to  any  such  officer  or 
public  body,  before  the  complete  organization  of  the  department 
of  government  under  this  Constitution,  shall  remain  binding  and 
valid;  and  rights  and  liabilities  upon  the  same  shall  continue, 
and  may  be  prosecuted  as  provided  by  law.  All  crimes  and  mis- 
demeanors and  penal  actions  shall  be  tried,  punished  and  prose- 
cuted as  though  no  change  had  taken  place,  until  otherwise 
provided  by  laW. 


CONSTITUTION 

OF  THE 


STATE  OF  WASHINGTON. 


CONSTITL'TION  OF  THF  STATF  OF  WASHINGTON 


Articles 

1.  Declaration  of  rights. 

2.  Legrislative  department. 

3.  The  Executive. 

4.  The  Judiciary. 

5.  Impeachment. 

6.  Election  and  election  rights. 

7.  Revenue  and  taxation. 

8.  State,  county  and  municipal  in- 

debtedness. 

9.  Education. 

10.  Militia. 

11.  County,  city  and  township  or- 

ganization. 

12.  Corporations  other  than  munic- 

ipal. 

13.  State  institutions. 

14.  Seat  of  government. 

15.  Harbors  and  tide  water. 

16.  Schools  and  granted  lands. 

17.  Tide  lands. 

18.  State  seals. 

19.  Exemptions. 

20!  Public  health  and  vital  statis- 
tics. 

21.  Water  and  water  rights. 

22.  Legislative  apportionment. 

23.  Amendments. 

24.  Boundaries. 

25.  Jurisdiction. 

26.  Compact  with  the  United  States. 

27.  Schedule. 

Preamble 

ARTICLE  I. 

Dedaration  of  Rights. 

Section 

1.  All  political  power  is  inherent  in 

the  people. 

2.  The  Constitution  of  the  United 

States  is  the  supreme  law  of 
the  land. 

2.  No  person  shall  be  deprived  of 
life,  liberty  or  property  with- 
out due  process  of  law. 

4.  The  people  have  the  right  to  as- 
semble in  a peaceable  manner 
to  consult  for  the  common 
good. 


Section 

5.  Freedom  of  speech. 

6.  The  manner  of  administering 

an  oath. 

7.  No  person  shall  be  disturbed  in 

his  private  affairs  or  his  home 
invaded  without  authority  of 
law. 

8.  No  law  granting  any  privilege 

or  franchise  shall  be  passed  by 
the  Legislature. 

9.  No  persons  shall  be  compelled  to 

give  evidence  against  them- 
selves, or  be  twice  put  in  jeop- 
ardy for  the  same  offense. 

10.  Justice  to  be  administered  open- 

ly and  without  delay. 

11.  Frejedom  of  religious  thought 

and  worship. — No  appropria- 
tions for  support  of  religious 
instruction. — No  religious  qual- 
ifications required  for  public 
office. 

12.  No  law  granting  to  any  class 

of  citizens,  etc.,  privileges  or 
immunities. 

13.  The  privilege  of  the  writ  of 

habeas  corpus  shall  not  be  sus- 
pended. 

14.  Excessive  bail  or  fines  not  to  be 

imposed,  nor  cruel  punishments 
inflicted. 

15.  Conviction  shall  not  work  cor- 

ruption of  blood  nor  forfeiture 
of  estate. 

16.  Private  property  shall  not  be 

taken  without  just  compensa- 
tion. 

17.  No  imprisonment  for  debt,  ex- 

cept. 

18.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

19.  All  elections  shall  be  free  and 

equal. 

20.  Bail  accepted  for  all  crimes  ex- 

cept capital  offenses. 

21.  The  right  of  trial  by  jury  shall 

remain  Inviolate. 


596 


CONSTITUTION  OF  WASHINGTON. 


Section 

22.  In  criminal  prosecutions,  the  ac- 

cused shall  have  the  right  to 
appear  and  defend  in  person, 
etc.,  and  demand  the  nature 
and  cause  -of  the  accusation 
against  him. 

23.  No  bill  of  attainder,  ex  post 

facto  law,  etc.,  shall  ever  be 
passed. 

24.  Right  to  bear  arms. 

25.  Offenses  heretofore  required  to 

be  prosecuted  by  indictment 
may  be  prosecuted  by  infor- 
mation. 

26.  How  grand  juries  may  be  sum- 

moned. 

27.  Treason  against  the  State  de- 

fined. 

28.  No  hereditary  emoluments  or 

privileges  shall  be  granted. 

29.  The  provisions  of  this  Constitu- 

tion are  mandatory  unless  de- 
clared to  be  otherwise. 

30.  The  enumeration  of  rights  in 

this  Constitution  not  to  deny 
others  retained  by  the  people. 
81.  No  standing  army. — Quartering 
of  soldiers. 

32.  A frequent  recurrence  of  funda- 
mental principles  is  essential 
I to  the  security  of  individual 

rights  and  the  perpetuity  of  a 
free  government. 

ARTICLE  II. 

LegMative  Department. 

1.  Vested  in  the  Senate  and  House 

of  Representatives. 

2.  The  House  shall  consist  of  not 

less  than  sixty- three  nor  more 
- than  ninety-nine  members. — 

1 , The  number  of  Senators  not 

more  than  one-half  nor  less 
than  one-third  of  the  members 
of  the  House. 

3.  A census  to  be  taken  in  1895  and 

every  ten  years  thereafter. 

4.  Election  of  the  members  of  the 

House. — Term  of  office. 

5.  The  next  election  of  members 

after  the  adoption  of  this  Con- 


Section 

stitution  shall  be  on  the  first 
Tuesday  after  the  first  Mon- 
day in  November,  1890. 

6.  After  the  first  election  Senators 

shall  be  elected  in  the  same 
manner  as  members  of  the 
House  are  required  to  be 
elected. 

7.  To  be  eligible  to  the  Legislature. 

8.  Each  House  shall  be  judge  of 

the  election  and  qualification 
of  its  own  members. 

9.  Each  House  may  punish  for  con- 

tempt and  disorderly  behavior. 

10.  Each  House  shall  elect  its  own 

officers;  when  Lieutenant-Gov- 
ernor is  acting  as  Governor 
the  Senate  shall  choose  a tem- 
porary president. 

11.  Each  House  shall  keep  its  own 

journal. 

12.  When  the  first  Legislature  shall 

meet. 

13.  Members  of  the  Legislature  may 

not  hold  a civil  office,  etc. 

14.  Those  who  are  not  eligible  as 

members  of  the  Legislature. 

15.  The  Governor  shall  issue  writs 

of  elections  to  fill  such  vacan- 
cies as  may  occur. 

16.  When  members  of  the  Legisla- 

ture may  be  privileged  from 
arrest. 

17.  Absolute  freedom  of  speech 

and  debate. 

18.  The  style  of  the  laws. — No  laws 

shall  be  enacted  except  by  bilk 

19.  No  bill  shall  embrace  more  than 

one  subject. 

20.  A bill  may  originate  in  either 

House. 

21.  Yeas  and  nays  shall  be  entered 

on  the  journal,  etc. 

22.  Requirements  for  a bill  to  be- 

come a law. 

23.  Pay  of  legislators. 

24.  The  Legislature  shall  not  au- 

thorize any  lobby  or  gtrant 
any  divorce. 

25.  No  extra  compensation  to  be 

granted  to  any  public  officer, 
agent,  etc. 


CONSTITUTION  OF  WASHINGTON, 


597 


Section 

26.  The  Legislature  shall  direct  by 

law  in  what  manner  and  in 
what  courts  suits  may  be 
brought  against  the  State. 

27.  All  elections  by  the  Legislature 

shall  be  viva  voce. 

28.  The  Legislature  is  prohibited 

from  enacting  any  private  or  I 
special  laws  except  in  the  fol- 
lowing cases. 

29.  Contract  convict  labor  shall  be 

abolished. 

30.  Corrupt  solicitation  of  the  mem- 

bers of  the  Legislature  shall  be 
punished  by  fine  and  impris- 
onment.— A meimber  who  has  a 
private  interest  in  any  bill 
shall  not  vote  thereon. 

31.  Xo  law,  except  appropriation 

bills,  to  take  effect  until  nine- 
ty days  after  the  adjournment 
of  the  session  at  which  it  was 
enacted. 

32.  Every  bill  to  become  a law  must  ; 

be  signed  by  the  presiding  of- 
ficer of  each  of  the  two  Houses 
in  open  session. 

33.  The  ownership  of  lands  by  aliens  ; 

who  have  not  declared  their 
intention  to  become  citizens  of 
the  United  States  is  prohibited, 
except  when  acquired  by  in- 
heritance. 

34.  There  shall  be  established  a bu- 

reau of  statistics,  agriculture 
and  immigration. 

35.  Laws  to  be  passed  for  the  pro- 

tection of  persons  working  in 
mines,  factories,  etc. 

36.  Every  bill  must  be  introduced 

at  least  ten  days  before  the 
final  adjournment,  unless. 

37.  No  bill  shall  ever  be  revised 

or  amended  by  mere  reference 
to  its  title. 

38.  No  amendment  to  any  bill  shall 

be  allowed  which  shall  change 
the  scope  and  object  of  the 
bill. 

39.  Officers  of  the  State  may  not 

accept  a pass  from  any  rail- 
road or  other  corporation. 


ARTICLE  III.  • 

Executive. 

Section 

1.  The  executive  department  shall 

consist  of  Governor,  Lieuten- 
ant-Governor, Secretary  of 
State,  etc. 

2.  The  supreme  executive  power 

of  the  State  is  vested  in  the 
Governor. — Term  of  office  four 
years. 

3.  Term  of  office  of  other  State 

officers. 

4.  What  is  to  be  done  with  the  re- 

turns for  the  election  of  the 
officers  named  above. 

5.  The  Governor  may  require 

information  in  writing  from 
the  officers  of  the  State. 

6.  He  shall  communicate  by  mes- 

sage. 

7.  He  may,  on  extraordinary  occa- 

sions, convene  the  Legislature 
by  proclamation. 

8.  He  is  commander-in-chief  of  the 

military  of  the  State. 

9.  The  pardoning  power  shall  be 

vested  in  the  Governor,  with 
restrictions. 

10.  When  the  Lieutenant-Governor 

is  to  act  as  Governor. 

11.  The  Governor  is  to  report  to  the 

Legislature  at  its  next  meet- 
ing each  case  of  reprieve, 
commutation  or  pardon  grant- 
ed. 

12.  Every  act  to  be  signed  by  the 

Governor  before  it  becomes  a 
law. 

13.  Certain  vacancies  to  be  filled  by 

the  Governor  by  appointment. 

14.  His  salary. 

15.  All  commissions,  how  issued  and 

signed. 

16.  Lieutenant-Governor  presiding 

officer  of  the  Senate. — His  sal- 
ary. 

17.  Secretary  of  State. — His  duties. 

18.  Seal  of  State,  to  be  kept  by 

Secretary. 

19.  Treasurer. — His  duties  and  sal- 

ary. 

20.  The  Auiitor. — His  powers,  duties 

and  salary. 


598 


COJSSTITUTION  OF  WASHINGTON. 


Section 

21.  The  Attorney-General.— His  du- 

ties and  salary. 

22.  Superintendent  of  Public  In- 

struction.— His  duties. 

23.  The  Commissioner  of  Public 

Lands. — His  duties  and  com- 
pensation. 

24.  The  public  records  of  each  office  j 

to  be  kept  at  the  seat  of  gov-  j 
ernment,  | 

25.  To  be  eligible  to  hold  office  ] 

under  the  State.  , 

ARTICLE  IV.  i 

Judiciary.  I 

1.  Judicial  powers,  how  vested. 

2.  Supreme  Court  shall  consist  of 

five  judges. 

3.  Election  of  same. — They  shall 

be  classified  by  lot. — Who 
Chief  Justice. — In  case  of  va- 
cancy. 

4.  Supreme  Court. — Its  jurisdiction 

and  powers. 

5.  Superior  Court. — Election  of 

judges. — Enumeration  of  said 
judges. 

6.  Its  jurisdiction. 

7.  A Superior  Court  judge  may 

hold  court  in  any  county.— 
Judge  pro  tempore. 

8.  Forfeiture  of  office. 

9.  The  removal  of  officers. 

10.  Justices  of  the  peace. — Number, 

duties  and  jurisdiction. 

11.  Which  are  to  be  courts  of 

record. 

12.  Jurisdiction  of  inferior  courts 

to  be  prescribed  by  law. 

13.  Who  may  receive  fees,  etc. 

14.  Salaries  of  judges  of  Supreme 

and  Superior  Courts. 

15.  They  may  not  hold  any  o^ice 

other  than  judicial. 

16.  How  judges  shall  charge  juries. 

17.  To  be  eligible  for  office  of  judge 

of  the  Supreme  and  Superior 
Courts. 

18.  A court  reporter,  his  salary. 

19.  No  judge  of  a court  of  record 

shall  practice  law. 

20.  Cases  to  be  decided  by  judge  of 


I Section 

Superior  Court  within  ninety 
days. — Provided. 

21.  Opinions  of  Supreme  Court  to 

be  published. 

22.  Clerk  of  the  same. — His  term 

and  salary. 

23.  Court  commissioners. — Their  au- 

thority and  duties. 

24.  Uniform  rules  to  be  established 

for  government  of  Superior 
Courts. 

25.  Defects  and  omissions  in  the 

laws  to  be  reported. 

26.  County  clerk  to  be  clerk  of  Su- 

perior' Court. 

27.  The  style  of  process. 

28.  Judges  to  take  an  oath  to  sup- 

port the  constitutions  of  United 
States  and  this  State. 

ARTICLE  V. 

Impeachment. 

1.  The  House  of  Representatives 

shall  have  sole  power  of  im- 
peachment.— A majority  re- 
quired. 

2.  Which  officers  are  liable  to 

impeachment.  — The  party, 
wlietlier  convicted  or  acquit- 
ted, shall  be  liable  to  prose- 
cution. 

3.  Other  officers,  not  liable  to  im- 

peachment, shall  be  removed. 

ARTICLE  VI. 

Electioiu  and  Elective  Rights. 

1.  The  qualifications  required  to 

vote. 

2.  Women  may  vote  at  school  elec- 

tions. 

3.  Enumeration  of  those  who  may 

not  vote. 

4.  No  person  shall  be  deemed  to 

have  lost  or  gained  a resi- 
dence by  reason  of  his  ab- 
sence while  in  the  civil  or  mil- 
itary service  of  this  State  or 
the  United  States. 

5.  Voters  to  be  privileged  from  ar- 

rest during  their  attendance 
at  elections,  nor  shall  they  be 
required  to  do  military  duty 
on  that  day. 


CONSTITUTION  OF  WASHINGTON. 


599 


Section 

6.  All  elections  shall  be  by  ballot. 

7.  The  Legislature  shall  enact  a 

registration  law. 

8.  When  the  first  election  of  county 

and  district  officers  is  to  take 
place,  when  not  otherwise  pro- 
vided for. 

ARTICLE  VII. 

Revenue  and  Taxation. 

1.  The  Legislature  shall  provide 

by  law  an  annual  tax,  suffi- 
cient fok*  (the  estimated  ex- 
penses of  the  State. 

2.  Uniform  and  equal  rate  of  as- 

sessment shall  be  provided  for. 

3.  The  Legislature  shall  provide  by 

general  law  for  the  levying  of 
taxes  on  all  corporation  prop- 
erty. 

4.  The  power  to  tax  corporations 

shall  not  be  surrendered. 

5.  No  tax  shall  be  levied  except  in 

pursuance  to  law. 

6.  All  taxes  for  State  purposes 

shall  be  paid  in  money  only. 

7.  A statement  of  receipts  and  ex- 

penditures of  public  money 
shall  be  published  annually. 

8.  Whenever  the  expenses  for  any 

fiscal  year  shall  exceed  the 
income,  how  provided  for. 

9.  Cities,  towns  and  villages  may 

be  Invested  with  the  power  to 
make  local  improvements  by 
special  taxation. 

ARTICLE  VIII. 

State,  County  and  Municipal  Tndehted-  i- 
ne.fis. 

1.  The  State  may  contract  debts 

to  meet  casual  deficits  not  to 
exceed  $400,000. 

2.  In  addition  to  the  above,  debts 

may  be  contracted  to  repel  in- 
vasion, suppress  insurrection, 
etc. 

3.  No  other  debts  shall  be  con- 

tracted except  a^  are  author- 
ized by  law. 

4.  No  money  shall  ever  be  paid  out  ^ 


Section 

of  the  treasury  of  this  State 
except  by  appropriation. 

5.  The  credit  of  the  State  shall  not 

be  given  or  loaned. 

6.  No  sub-division  of  the  State 

shall  become  indebted  to  an 
amount  exceeding  one  and  one- 
half  per  cent  of  the  taxable 
property. 

7.  No  sub-division  of  the  State 

shall  give  money  or  loan  its 
credit  in  aid  of  any  individual 
or  corporation. 

ARTICLE  IX. 

Education. 

1.  Education  for  all  children  shall 

be  provided  without  distinction 
on  account  of  race,  color  or  sex. 

2.  A uniform  system  of  public 

schools. — Enumeration  of  the 
different  grades. 

3.  A principle  of  common  school 

fund  shall  remain  inviolate. 

4.  All  schools  supported  by  public 

fund  shall  be  free  from  secta- 
rian control. 

5.  In  regard  to  losses  to  the  perma- 

nent school  fund. 

ARTICLE  X. 

Militia. 

1.  Those  who  are  liable  to  military 

duty. 

2.  The  Legislature  shall  provide  by 

law  for  organizing  and  equip- 
ping the  militia. 

3.  A soldiers’  home  to  be  provided. 

4.  Provision  shall  be  made  for  the 

safe  keeping  of  public  arms. 

5.  The  militia  shall  be  privileged 

from  arrest,  except. 

6.  Persons  having  conscientious 

scruples  against  bearing  arms 
shall  not  be  compelled  to 
do  so. 

ARTICLE  XI. 

City,  County  and  Township  Oryaniza- 
tion. 

1.  The  Ten'itorial  sub-divisions  are 
hereby  recognized  as  legal  sub- 
divisions of  this  State. 


60G 


CONSTITUTION  OF  WASHINGTON. 


Section 

2.  What  is  required  to  move  a 
county  seat. 

8.  To  establish  new  counties. 

4.  County  g-overnment  shall  be  uni- 
form throughout  the  State. 

6.  General  and  uniform  laws  shall 
provide  for  the  election  of 
county  and  other  officers.— It 
shall  prescribe  their  duties 
and  fix  their  term  of  office,  etc. 

6.  The  Board  of  County  Commis- 

sioners shall  fill  all  vacancies 
by  appointment. 

7.  No  county  officer  shall  be  eligi- 

ble to  hold  his  office  more  than 
two  terms. 

8.  The  salaries  of  all  county  of-  I 

ficers,  etc.,,  shall  be  fixed  by 
law. 

9.  No  county,  or  the  inhabitants 

thereof,  shall  be  released  from 
its  or  their  proportionate  share 
of  taxes. 

10.  Corporations  for  municipal  pur- 

poses shall  not  be  created  by 
special  law. 

11.  Any  county,  city,  town  or  town- 

ship may  make  within  its  lim- 
its all  such  local  police,  sani- 
tary and  other  regulations  as 
are  not  in  conflict  with  general 
laws. 

12.  The  Legislature  shall  have  no 

power  to  impose  taxes  upon 
any  of  the  sub-divisions  of  the 
State,  but  may,  by  general 
I laws,  vest  in  corporate  au- 
thorities thereof  the  power  to 
assess  and  collect  taxes  for 
such  purposes. 

13.  Private  property  shall  not  be 

taken  or  sold  for  the  payment  ^ 
of  any  corporate  debt,  except. 

14.  The  making  of  profit  out  of  pub- 

lic money  shall  be  a felony. 

16.  All  moneys  and  taxes  belonging 
to  any  sub-division  of  the  State 
shall  be  immediately  deposited 
with  the  treasurer. 


ARTICLE  XII. 

Corporaiions  othei  than  Municipal. 

Section 

1.  Corporations  may  be  formed 

under  general  laws. — All  laws 
relating  to  corporations  may 
be  altered,  amended  or  re- 
pealed. 

2.  All  existing  charters,  etc.,  under 

which  an  actual  organization 
shall  not  have  taken  place  at 
the  time  of  the  adoption  of 
this  Constitution,  shall  not  be 
valid. 

3.  The  Legislature  shall  not  extend 

any  franchise  or  charter,  nor 
remit  the  forfeiture  of  the 
same,  of  any  corporation  now 
existing. 

4.  Stockholders  and  all  other  incor- 

porated companies,  except 
banking  or  insurance,  shall  be 
liable  for  the  debts  of  the  cor- 
poration to  the  amount  of  his 
unpaid  stock  annually. 

5.  The  term  corporation  defined. 

6.  Regulations  in  regard  to  the  is- 

sue of  stock  by  corporations. 

7.  Foreign  corporations  shall  not 

be  allowed  to  do  business  in 
this  State  on  more  favorable 
conditions  than  domestic  cor- 
porations have. 

8.  No  corporation  shall  lease  or 

alienate  any  franchise,  etc. 

9.  The  State  must  not  loan  Its 

credit. 

10.  The  right  of  eminent  domain. 

11.  Only  lawful  money  of  the  United 

States  to  be  circulated. — The 
liabilities  of  stockholders  in 
any  banking  and  insurance 
corporations. 

12.  In  regard  to  an  officer  of  any 

banking  institution  receiving 
deposits  after  the  knowledge 
of  the  bank  being  insolvent- 

13.  All  railroads,  canal  and  other 

transportation  companies  are 
common  carriers  and  subject 
to  legislative  control. 

14.  No  railroad  company,  or  other 

common  carrier,  shall  combine 
with  owners  of  vessels,  etc. 


CONSTITUTION  OK  WASIlINGTOiN. 


601 


Seoiion 

15.  No  discrimination  in  charges  for 

passengers  or  freight  permit- 
ted. 

16.  Competing  lines  may  not  consol- 

idate. 

17.  The  rolling  stock  and  other  mov- 

able property  shall  be  consid- 
ered personal  property. 

18.  The  Legislature  shall  establish 

transportation  charges  for  pas- 
sengers and  freight. 

19.  Telephone  and  telegraph  lines 

may  be  constructed  and 
maintained. — Railroad  corpor- 
ations shall  allow  such  com- 
panies right  of  way  along  their 
roads. 

20.  No  railroad  or  other  transporta- 

tion company  shall  grant  free 
passes,  etc. 

21.  Monopolies  .and)  trusts  shall 

never  be  allowed  in  this  State. 

ARTICLE  XIII. 

State  Institutions. 

1.  The  State  shall  foster  and  sup- 
port reformatory  and  other  in- 
stitutions. 

ARTICLE  XIV. 

Seat  of  Goi'crnment. 

1.  Location  of  the  seat  of  govern- 

ment shall  be  determined  by  a 
majority  of  the  voters. 

2.  The  seat  of  government  may  be 

changed  by  two-thirds  vote  of 
all  the  electors  of  the  State. 

3.  The  Legislature  shall  make  no 

appropriations  for  capitol 
buildings  or  grounds  until  the 
seat  of  government  shall  have 
been  permanently  located. 

ARTICLE  XV. 

Harbors  and  Tideicaters. 

1.  Harbor  lines  should  be  located 

and  established. — ^Regulations 
in  regard  to  harbors,  etc. 

2.  Ceneral  laws  shall  be  made  for 

the  right  to  build  and  main- 
tain wharves,  etc.,  upon  the 
areas  in  section  one  of  this 
article. 


Section 

The  right  to  extend  streets  over 
intervening  tide  lands. 

ARmCLE  XVI. 

School  and  Granted  Lands. 

1.  All  public  lands  granted  by  the 

State  are  held  in  trust  for  the 
people. — Regulations  in  re- 
gard to  the  sale  of  the  same. 

2.  School  lands  to  be  sold  at  public 

auction  to  the  highest  bidder. 
— Terms  of  pajmient. 

3.  No  more  than  one-fourth  of  the 

land  granted  for  educational 
puri:)Oses  shall  be  sold  prior  to 
January  1,  1895,  etc. 

4.  No  more  than  one  hundred  and 

sixty  acres  of  granted  lands 
shall  be  offered  for  sale  in  one 
parcel. 

5.  None  of  the  permanent  school 

fund  shall  ever  be  loaned  to 
private  persons  or  corpora- 
tions. 

ARTICLE  XVII. 
lide  Lands. 

1.  The  State  asserts  its  ownership 

to  the  beds  and  shores  of  all 
navigable  waters  up  to  and 
including  a line  of  ordinary 
high  tide. 

2.  The  State  disclaims  all  title  in 

and  claim  to  all  tide,  swamp 
and  overflowed  lands  patented 
by  the  United  States. 

ARTICLE  XVIII. 

State  Seal. 

1.  Description  of  the  same. 

ARTICLE  XIX. 
E.vemptions. 

1.  The  homesteads  and  other  prop- 
erty of  heads  of  families  pro- 
tected from  force  sales. 

ARTICLE  XX. 

Public  Health  and  Vital  Statistics. 

1.  There  shall  be  established  by 
law  a State  board  of  health 
and  bureau  of  vital  statistics. 


G02 


CONSTITUTION  OF  WASHINGTON. 


Section 

2.  Laws  shall  be  enacted  to  regu- 
late the  practice  of  medicine 
and  surgery  and  the  sale  of 
drugs  and  medicines. 

ARTICLE  XXI. 

Water  and  Water  Rights. 

1.  The  use  of  the  waters  of  this 
State  for  irrigation,  mining 
and  manufactory  purposes 
shall  be  deemed  a public  use. 

ARTICLE  XXII. 

Legislati'ce  A^gwrtionment. 

1.  The  State  shall  be  divided  into 

twenty-four  Senatorial  dis- 
tricts, as  follows. 

2.  Until  otherwise  provided  by 

law,  the  Representatives  shall 
be  divided  among  the  several 
counties  of  the  State,  as  fol- 
lows: 

ARTICLE  XXIII. 
Amendments. 

1.  Amendments  may  be  presented 

in  either  House. 

2.  A convention  may  be  proposed 

to  revise  and  amend  this  Con- 
stitution. 

3.  To  have  validity,  the  Constitu- 

tion must  be  submitted  to  and 
adopted  by  the  people. 

ARTICLE  XXIV. 
Boundaries. 

I.  The  boundaries  of  the  State. 

ARTICLE  XXV. 

durisdiction. 

1.  The  United  States  Congress  to 
have  exclusive  legislation  in 
certain  cases. 

ARTICLE  XXVI. 

Compact  With  United  States. 

1.  The  following  ordinances  shall 
be  irrevocable  without  the  con- 
sent of  the  United  States  and 
the  people  of  this  State. 


ARTICLE  XXVII. 

Schedule. 

Section 

I.  No  existing  rights,  etc.,  shall  be 

effected  by  a change  in  the 
form  of  government. — All  Ter- 
ritorial laws  shall  remain  in 
force  until  they  expire. 

3.  All  debts,  fines,  etc.,  which  have 

accrued  to  the  Territory  shall 
accrue  to  the  State. 

4.  All  recognizances  heretofore 

taken  before  the  change  from 
a Territorial  to  a State  gov- 
ernment shall  remain  valid, 
etc. 

5.  All  criminal  prosecutions  shall 

continue. 

6.  All  officers  now  holding  office 

shall  continue. 

7.  The  time  of  election  for  all  of- 

ficers provided  for  in  this  Con- 
stitution. 

8.  All  things  appertaining  or  pend- 

ing in  the  District  Court  of  the 
Territory  shall  pass  into  the 
jurisdiction  of  the  Superior 
Court. 

9.  The  seal  of  the  Supreme  Court 

of  the  Territory  shall  be  the 
seal  of  the  Supreme  Court  of 
the  State,  etc. 

10.  The  books,  records,  papers  and 
proceedings  of  the  Probate 
Court  in  each  county  and  all 
cases  pending  therein  shall  pass 
into  the  jurisdiction  of  the  Su- 
perior Court  of  the  same 
county  created  by  this  Con- 
stitution. 

II.  The  Legislature  shall  at  its  first 

session  provide  for  the  election 
of  its  officers  whose  election  is 
not  otherwise  provided  for. 

12.  In  case  of  contested  election, 

how  settled. 

13.  One  Representative  in  the  Con- 

gress of  the  United  States 
shall  be  elected  from  the  State 
at  large. 

14.  All  district,  county  and  precinct 

officers  who  may  be  in  office 
at  the  time  of  the  adoption  of 
this*  Constitution,  etc.,  shall 


CONSTITUTION  OF  WASHINGTON. 


cm 


Section 

hold  their  offices  until  such 
time  as  their  successors  may 
he  elected  and  qualified. 

16.  The  manner  in  which  the  elec- 
tion shall  be  held  at  the  time 
of  the  adoption  of  this  Con- 
stitution. 

16.  The  provisions  of  this  Consti- 
tution shall  be  enforced  from 
the  day  on  which  the  Terri- 
tory is  admitted  as  a State. 


Section 

17.  Two  separate  articles  to  be  sub- 

mitted to  the  people  for  adop- 
tion or  rejection. 

18.  The  formal  ballot  to  be  used  in 

voting  for  or  against  this  Con- 
stitution and  for  or  against 
the  separate  articles  or  the 
permanent  location  of  the  seat 
of  government. 

19.  The  Legislature  is  hereby  au- 

thorized to  defray  the  expenses 
of  this  convention. 


PREAMBLE. 

We,  the  people  of  the  State  of  Washington,  grateful  to  the 

Supreme  Ruler  of  the  Universe  for  our  liberties,  do  ordain  This 

Constitution. 

ARTICLE  I. 

Declaration  of  Rights. 

Section  1.  All  political  power  is  inherent  in  the  people,  and 
governments  derive  their  just  powers  from  the  consent  of  the 
governed,  and  are  established  to  protect  and  maintain  individual 
rights. 

Sec.  2.  The  Constitution  of  the  United  States  is  the  supreme 
law  of  the  land. 

Sec.  3.  No  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law. 

Sec.  4.  The  right  of  petition  and  of  the  people  peaceably  to 
assemble  for  the  common  good  shall  never  be  abridged. 

Sec.  5.  Every  person  may  freely  speak,  write  and  publish  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right. 

Sec.  6.  The  mode  of  administering  an  oath  or  affirmation  shall 
be  such  as  may  be  most  consistent  with  and  binding  upon  the 
conscience  of  the  person  to  whom  such  oath  or  affirmation  may 
be  administered. 

Sec.  7.  No  person  shall  be  disturbed  in  his  private  affairs,  or 
his  home  invaded,  without  authority  of  law\ 

Sec.  8.  No  law  granting  irrevocably  any  prhilege,  franchise 
or  immunity  shall  be  passed  by  the  Legislature. 

Sec.  9.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the 
same  offense. 


CONSTITUTION  OF  WASHINGTON. 


'1)04 

Sec.  10.  Justice  in  all  cases  shall  be  administered  openly  and 
without  unnecessary  delay. 

Sec.  11.  Absolute  freedom  of  conscience  in  all  matters  of  reli- 
gious sentiment,  belief  and  worship  shall  be  guaranteed  to  every 
individual,  and  no  one  shall  be  molested  or  disturbed  in  person 
or  property  on  account  of  religion;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent  with  the  peace 
and  safety  of  the  State.  No  public  money  or  property  shall  be 
appropriated  for,  or  applied  to,  any  religious  worship,  exercise 
or  instruction,  or  the  support  of  any  religious  establishment.  No 
religious  qualifications  shall  be  required  for  any  public  office  or 
employment,  nor  shall  any  person  be  incompetent  as  a witness  or 
juror,  in  consequence  of  his  opinion  on  matters  of  religion,  nor  be 
questioned  in  any  court  of  justice  touching  his  religious  belief 
to  affect  the  wmight  of  his  testimony. 

Sec.  12.  No  law  shall  be  passed  granting  to  any  citizen,  class 
of  citizens,  or  corporation  other  than  municipal,  privileges  or 
immunities  which  upon  the  same  terms  shall  not  equally  belong 
to  all  citizens  or  corporations. 

Sec.  13.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  in  case  of  rebellion  or  invasion,  the  public 
safety  requires  it. 

Sec.  14.  Excessive  bail  shall  not  be  required,  excessive  fines 
imposed,  nor  cruel  punishment  inflicted. 

Sec.  15.  No  conviction  shall  work  corruption  of  blood,  nor  for- 
feiture of  estate. 

Sec.  16.  Private  property  shall  not  be  taken  for  private  use, 
except  for  private  ways  of  necessity,  and  for  drains,  flumes  or 
ditches  on  or  across  the  lands  of  others  for  agricultural,  domestic 
or  sanitary  purposes.  No  private  property  shall  be  taken  or 
damaged  for  public  or  private  use  without  just  compensation  hav- 
ing been  first  made,  or  paid  into  court  for  the  owner,  and  no 
right-of-way  shall  be  appropriated  to  the  use  of  any  corporation 
other  than  municipal,  until  full  compensation  therefor  be  first 
made  in  money,  or  ascertained  and  paid  into  the  court  for  the 
owner,  irrespective  of  any  benefit  from  any  improvement  pro- 
posed by  such  corporation,  which  compensation  shall  be  ascer- 
tained by  a jury,  unless  a jury  be  waived  as  in  other  civil  cases 
in  courts  of  record,  in  the  manner  prescribed  by  law.  Whenever 
an  attempt  is  made  to  take  private  property  for  a use  alleged  to 


CONSTITUTION  OF  WASHINGTON. 


G<.*5> 

be  public,  the  question  whether  the  contemplated  use  be  reallv 
public  shall  be  a judicial  question,  and  determined  as  such  with- 
out regard  to  any  legislative  assertion  that  the  use  is  public. 

Sec.  17.  There  shall  be  no  imprisonment  for  debt,  except  in 
cases  of  absconding  debtors. 

Sec.  18.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 

Sec.  19.  All  elections  shall  be  free  and  equal,  and  no  power, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  the  free 
exercise  of  the  right  of  suffrage. 

Sec.  20.  All  persons  charged  with  crime  shall  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses  when  the  proof  is 
evident  or  the  presumption  great. 

Sec.  21.  The  right  of  trial  by  jury  shall  remain  inviolate,  but 
the  Legislature  may  provide  for  a jury  of  any  number  less  than 
twelve  in  courts  not  of  record,  and  for  a verdict  by  nine  or  more 
jurors  in  civil  cases  in  any  court  of  record,  and  for  waiving  of 
the  jury  in  civil  cases  where  the  consent  of  the  parties  interested 
is  given  thereto. 

Sec.  22.  In  criminal  prosecutions  the  accused  shall  have  the 
right  to  appear  and  defend  in  person  and  by  counsel,  to  demand 
the  nature  and  cause  of  the  accusation  against  him,  to  have  a 
copy  thereof,  to  testify  in  his  own  behalf,  to  meet  the  witnesses 
against  him  face  to  face,  to  have  compulsory  process  to  compel 
the  attendance  of  witnesses  in  his  own  behalf,  to  have  a speedy 
public  trial  by  an  impartial  jury  of  the  county  in  which  the 
offense  is  alleged  to  have  been  committed,  and  the  right  to  appeal 
in  all  cases;  and  in  no  instance  shall  any  accused  person  before 
final  judgment  be  compelled  to  advance  money  or  fees  to  secure 
rights  herein  guaranteed. 

Sec.  23.  No  bill  of  attainder,  ex  post  facto  law  or  law  impair- 
ing the  obligations  of  contracts  shall  ever  be  passed. 

Sec.  24.  The  right  of  the  individual  citizen  to  bear  arms  in 
defense  of  himself  or  the  State  shall  not  be  impaired,  but  noth- 
ing in  this  section  shall  be  construed  as  authorizing  individuals 
or  corporations  to  organize,  maintain  or  employ  an  armed  body  of 
men. 

Sec.  25.  Offenses  heretofore  required  to  be  prosecuted  by 
indictm^^nt  may  be  prosecuted  by  information  or  by  indictment, 
as  shall  be  prescribed  by  law. 


606 


CONSTITUTION  OF  WASHINGTON. 


Sec.  26.  No  grand  jury  shall  be  drawn  or  summoned  in  any 
county,  except  the  superior  judge  thereof  shall  so  order. 

Sec.  27.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  the  State,  or  adhering  to  its  enemies,  or  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
or  confession  in  open  court. 

Sec.  28.  No  hereditary  emoluments,  privileges  or  powers  shall 
be  granted  or  conferred  in  this  State. 

Sec.  29.  The  provisions  of  this  Constitution  are  mandatory, 
unless  by  express  words  they  are  declared  to  be  otherwise. 

Sec.  30.  The  enumeration  in  this  Constitution  of  certain 
rights  shall  not  be  construed  to  deny  others  retained  by  the 
people. 

Sec.  31.  No  standing  army  shall  be  kept  up  by  this  State  in 
time  of  peace,  and  no  soldier  shall  in  time  of  peace  be  quartered 
in  any  house  without  the  consent  of  its  owner,  nor  in  time  of 
war  except  in  the  manner  prescribed  by  law. 

Sec.  32.  A frequent  recurrence  to  fundamental  principles  is 
essential  to  the  security  of  individual  right  and  the  perpetuity  of 
free  government. 

ARTICLE  II. 

Legisla  five  Departm  ent. 

Section  1.  The  legislative  powers  shall  be  vested  in  a Senate 
and  House  of  Representatives  which  shall  be  called  “The  Legis- 
lature of  the  State  of  Washington.” 

Sec.  2.  The  House  of  Representatives  shall  be  composed  of 
not  less  than  sixty-three  nor  more  than  ninety-nine  members. 
The  number  of  Senators  shall  not  be  more  than  one-half  nor  less 
than  one-third  of  the  number  of  members  of  the  House  of  Repre- 
sentatives. The  first  Legislature  shall  be  composed  of  sev.enty 
members  of  the  House  of  Representatives  and  thirty-five  Senators. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  an  enumera- 
tion of  the  inhabitants  of  the  State  in  the  year  one  thousand 
eight  hundred  and  ninety-five  and  every  ten  years  thereafter; 
and  at  the  first  session  after  such  enumeration,  and  also  after 
each  enumeration  made  by  the  authority  of  the  United  States, 
the  Legislature  shall  apportion  and  district  anew  the  members 
of  the  Senate  and  the  House  of  Representatives,  according  to  the 


CONSTITUTION  OF  WASHINGTON. 


607 


number  of  inhabitants,  excluding  Indians  not  taxed,  soldiers, 
sailors  and  officers  of  the  United  States  army  and  navy  in  active 
service. 

Sec.  4.  Members  of  the  House  of  Representatives  shall  be 
elected  in  the  year  eighteen  hundred  and  eighty-nine  at  the  time 
and  in  the  manner  provided  by  this  Constitution,  and  shall  hold 
their  offices  for  the  term  of  one  year  and  until  their  successor 
shall  be  elected. 

Sec.  5.  The  next  election  of  the  members  of  the  House  of  Rep- 
resentatives after  the  adoption  of  this  Constitution  shall  be  on 
the  first  Tuesday  after  the  first  Monday  of  November,  eighteen 
hundred  and  ninety,  and  thereafter,  members  of  the  House  of 
Representatives  shall  be  elected  biennially  and  their  term  of 
office  shall  be  two  years,  and  each  election  shall  be  on  the  first 
Tuesday  after  the  first  Monday  in  November  unless  otherwise 
changed  by  law. 

Sec.  6.  After  the  first  election  the  Senators  shall  be  elected 
by  single  districts  of  convenient  and  contiguous  territory,  at  the 
same  time  and  in  the  same  manner  as  members  of  the  House  of 
Representatives  are  required  to  be  elected;  and  no  representative 
divStrict  shall  be  divided  in  the  formation  of  a senatorial  district. 
They  shall  be  elected  for  the  term  of  four  years,  one-half  of  their 
number  retiring  every  two  years.  The  senatorial  districts  shaU 
be  numbered  consecutively,  and  the  Senators  chosen  at  the  first 
election  had  by  virtue  of  this  Constitution,  in  odd  numbered  dis- 
tricts, shall  go  out  of  office  at  the  end  of  the  first  year;  and  the 
Senators  elected  in  the  even  numbered  districts,  shall  go  out  of 
office  at  the  end  of  the  third  year. 

Sec.  7.  No  person  shall  be  eligible  to  the  Legislature  who  shall 
not  be  a citizen  of  the  United  States  and  a qualified  voter  in  the 
district  for  which  he  is  chosen. 

Sec.  8.  Each  house  shall  be  the  judge  of  the  election,  returns 
and  qualifications  of  its  own  members,  and  a majority  of  each 
house  shall  constitute  a quorum  to  do  business;  but  a smaller 
number  may  adjourn  from  day  to  day  and  may  compel  the  at- 
tendance of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  house  may  provide. 

Sec.  9.  Each  house  may  determine  the  rules  of  its  own  pro- 
ceedings, punish  for  contemnt  and  disorderly  behavior,  and  with 


608 


CONSTITUTION  OF  WASHINGTON. 


the  concurrence  of  two-thirds  of  all  the  members  elected,  expel 
a member,  but  no  member  shall  be  expelled  a second  time  for  the 
same  offense. 

Sec.  10.  Each  house  shall  elect  its  own  officers;  and  when  the 
Lieutenant-Governor  shall  not  attend  as  president,  or  shall  act 
as  Governor,  the  Senate  shall  choose  a temporary  president. 
When  presiding,  the  Lieuteiuuit-Govei'uoi'  sliall  liave  the  deciding 
vote  in  case  of  an  equal  division  of  the  Senate. 

Sec.  11.  Each  house  shall  keep  a journal  of  its  proceedings 
and  publish  the  same,  except  such  parts  as  require  secrecy.  The 
doors  of  each  house  shall  be  kept  open,  except  when  the  public 
welfare  shall  require  secrecy.  Neither  house  shall  adjourn  for 
more  than  three  days,  nor  to  any  place  other  than  that  in  which 
they  may  be  sitting,  without  the  consent  of  the  other. 

Sec.  12.  The  first  Legislature  shall  meet  on  the  first  Wednes- 
day after  the  first  Monday  in  November,  A.  D.  1889.  The  second 
Legislature  shall  meet  on  the  first  Wednesday  after  the  first 
Monday  in  January,  A.  D.  1891,  and  sessions  of  the  Legisla- 
ture shall  be  held  biennially  thereafter,  unless  specially  con- 
vened by  the  Governor,  but  the  times  of  meeting  of  subsequent 
sessions  may  be  changed  by  the  Legislature.  After  the  fii*st 
Legislature  the  sessions  shall  not  be  more  than  sixty  days. 

Sec.  13.  No  member  of  the  Legislature,  during  the  term  for 
which  he  is  elected,  shall  be  appointed  or  elected  to  any  cMl 
office  in  the  State  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased  during  the  term  for 
which  he  was  elected. 

Sec.  14.  No  person  being  a member  of  Congress,  or  holding 
any  civil  or  military  office  under  the  United  States  or  any  other 
power,  shall  be  eligible  to  be  a member  of  the  Legislature;  and  if 
any  person  after  his  election  as  a member  of  the  Legislature,  shall 
be  elected  to  Congress  or  be  appointed  to  any  other  office,  civil 
or  military,  under  the  government  of  the  United  States,  or  any 
other  power,  his  acceptance  thereof  shall  vacate  his  seat:  Pro- 
vided, Tliat  officers  in  tlie  militia  of  the  State  wlio  receive  no  an- 
nual salaiy,  local  officers  and  postmasters  whose  compensation 
does  not  exceed  three  hunderd  dollars  per  annum,  shall  not  be 
ineligible. 

Sec.  15.  The  Governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  may  occur  in  either  house  of  the  Legislature. 


CONSTITUTION  OF  WASHINGTON. 


609 


Sec.  16.  Members  of  the  Legislature  shall  be  privileged  from 
arrest  in  all  cases  except  treason,  felony  and  breach  of  the  peace; 
They  shall  not  be  subject  to  any  civil  process  during  the  sessions 
of  the  Legislature,  nor  for  fifteen  days  next  before  the  commence- 
ment of  each  session. 

Sec.  17.  No  member  of  the  Legislature  shall  be  liable  in  any 
civil  action  or  criminal  prosecution  whatever,  for  words  spoken 
in  debate. 

Sec.  18.  The  style  of  the  laws  of  the  State  shall  be:  ^‘Be  it  en- 
acted by  the  Legislature  of  the  State  of  Washington.’^  And  no 
law  shall  be  enacted  except  by  bill. 

Sec.  19.  No  bill  shall  embrace  more  than  one  subject,  and  that 
shall  be  expressed  in  the  title. 

Sec.  20.  Any  bill  may  originate  in  either  house  of  the  Legis- 
lature, and  a bill  passed  by  one  house  may  be  amended  in  the 
other. 

Sec.  21.  The  yeas  and  nays  of  the  members  of  either  house 
shall  be  entered  on  the  journal,  on  the  demand  of  one-sixth  of 
the  members  present. 

Sec.  22.  No  bill  shall  become  a law  unless  on  its  final  passage 
the  vote  be  taken  by  yeas  and  nays,  the  names  of  the  members 
voting  for  and  against  the  same  be  entered  on  the  journal  of 
each  house,  and  a majority  of  the  members  elected  to  each  house 
be  recorded  thereon  as  voting  in  its  favor. 

Sec.  23.  Each  member  of  the  Legislature  shall  receive  for  his 
services  five  dollars  for  each  day’s  attendance  during  the  session, 
and  ten  cents  for  every  mile  he  shall  travel  in  going  to  and  re- 
turning from  the  place  of  meeting  of  the  Legislature,  on  the  most 
usual  route. 

Sec.  24.  The  Legislature  shall  never  authorize  any  lottery  or 
grant  any  divorce. 

Sec.  25.  The  Legislature  shall  never  grant  any  extra  compen- 
sation to  any  public  officer,  agent,  servant,  or  contractor,  after 
the  services  shall  have  been  rendered,  or  the  contract  entered 
into,  nor  shall  the  compensation  of  any  public  officer  be  increased 
or  diminished  during  his  term  of  office. 

Sec.  26.  The  Legislature  shall  direct  by  law  in  what  manner 
and  in  what  .courts  suits  may  be  brought  against  the  State. 

Sec.  27.  In  all  elections  by  the  Legislature  the  members  shall 
vote  viva  voce,  and  their  votes  shall  be  entered  on  the  journal. 

39 


610 


CONSTITUTION  OF  WASHINGTON. 


Sec.  28.  Special  legislation. 

The  Legislature  is  prohibited  from  enacting  any  private  or 
special  laws  in  the  following  cases: 

1.  For  changing  the  names  of  persons,  or  constituting  one  per- 
son the  heir  at  law  of  another. 

2.  For  laying  out,  opening  or  altering  highways,  except  in 
cases  of  State  roads  extending  into  more  than  one  county,  and 
military  roads  to  aid  in  the  construction  of  which  lands  shall 
have  been  or  may  be  granted  by  Congress. 

3.  For  authorizing  persons  to  keep  ferries  wholly  within  this 
State. 

4.  For  authorizing  the  sale  or  mortgage  of  real  or  personal 
property  of  minors,  or  others  under  disability. 

5.  For  assessment  or  collection  of  taxes  or  for  extending  the 
time  for  the  collection  thereof. 

6.  For  granting  corporate  powers  or  privileges. 

7.  For  authorizing  the  apportionment  of  any  part  of  the 
school  fund. 

8.  For  incorporating  any  town  or  village  or  to  amend  the 
charter  thereof. 

9.  For  giving  effect  to  invalid  deeds,  wills  or  other  instru- 
ments. 

10.  Releasing  or  extinguishing  in  whole,  or  in  part,  the  in- 
debtedness, liability  or  other  obligation  of  any  person  or  cor- 
poration to  this  State,  or  to  any  municipal  corporation  therein. 

11.  Declaring  any  person  of  age  or  authorizing  any  minor  to 
sell,  lease,  or  incumber  his  or  her  property. 

12.  Legalizing,  except  as  against  the  State,  the  unauthorized 
or  invalid  act  of  any  officer. 

13.  Regulating  the  rates  of  interest  on  money. 

14.  Remitting  fines,  penalties  or  forfeitures. 

15.  Providing  for  the  management  of  common  schools. 

16.  Authorizing  the  adoption  of  children. 

17.  For  limitation  of  civil  or  criminal  actions. 

18.  Changing  county  lines,  locating  or  changing  county  seats: 
Provided,  This  shall  not  be  construed  to  apply  to  the  creation 
of  new  counties. 

Sec.  29.  After  the  first  day  of  January,  eighteen  hundred 
and  ninety,  the  labor  of  convicts  of  this  State  shall  not  be  let 
out  by  contract  to  any  person,  co-partnership,  company  or  corpo- 


CONSTITUTION  OF  WASHINGTON. 


611 


ration,  and  the  Legislature  shall  by  law  provide  for  the  work- 
ing of  convicts  for  the  benefit  of  the  State. 

Sec.  30.  The  offense  of  corrupt  solicitation  of  members  of  the 
Legislature,  or  of  public  officers  of  the  State  or  any  municipal 
division  thereof,  and  any  occupation  or  practice  of  solicitation 
of  such  members  or  officers  to  influence  their  official  action,  shall 
be  defined  by  law,  and  shall  be  punished  by  fine  and  imprison- 
ment. Any  person  may  be  compelled  to  testify  in  any  lawful  inves- 
tigation or  judicial  proceeding  against  any  person  who  may  be 
charged  with  having  committed  the  offense  of  bribery  or  corrupt 
solicitation,  or  practice  of  solicitation,  and  shall  not  be  per- 
mitted to  withhold  his  testimony  on  the  ground  that  it  may  crimr 
inate  himself  or  subject  him  to  j)ublic  infamy,  but  such  testimony 
shall  not  afterwards  be  used  against  him  in  any  judicial  proceed- 
ing— except  for  perjury  in  giving  such  testimony— and  any  per- 
son convicted  of  either  of  the  offenses  aforesaid,  shall,  as  part 
of  the  punishment  therefor,  be  disqualified  from  ever  holding 
any  position  of  honor,  trust  or  profit  in  this  State.  A member 
who  has  a private  interest  in  any  bill  or  measure  proposed  or 
pending  before  the  Legislature  shall  disclose  the  fact  to  the  house 
of  which  he  is  a member,  and  shall  not  vote  thereon. 

Sec.  31.  No  law,  except  appropriation  bills,  shall  take  effect 
until  ninety  days  after  the  adjournment  of  the  session  at  which 
it  was  enacted,  unless  in  case  of  an  emergency  (which  emer- 
gency must  be  expressed  in  the  preamble  or  in  the  body  of  the 
act)  the  Legislature  shall  otherwise  direct  by  a vote  of  two-thirds 
of  all  the  members  elected  to  each  house;  said  vote  to  be  taken 
by  yeas  and  nays  and  entered  on  the  journals. 

Sec.  32.  No  bill  shall  become  a law  until  the  same  shall  ha^e 
been  signed  by  the  presiding  officer  of  each  of  the  tvvo  houses  in 
open  session,  and  under  such  rules  as  the  Legislature  shall  pre- 
scribe. ' ! ' ' i ' 

Sec.  33.  The  ownership  of  lands  by  aliens,  other  than  those 
who  in  good  faith  have  declared  their  intention  to  become  citi- 
zens of  the  United  States,  is  prohibited  in  this  State,  except 
where  acquired  by  inheritance,  under  mortgage  or  in  good  faith 
in  the  ordinary  course  of  justice  in  the  collection  of  debts;  and 
all  conveyances  of  lands  hereafter  made  to  any  alien  directly  or 
in  trust  for  such  alien  shall  be  void:  Provided,  That  the  provis- 
ions of  this  section  shall  not  apply  to  lands  containing  valuable 
deposits  of  minerals,  metals,  iron,  coal,  or  fire-clay,  and  the  nec- 


612 


CONSTITUTION  OF  WASHINGTON. 


essary  land  for  mills  and  machinery  to  be  used  in  the  develop- 
ment thereof  and  the  manufacture  of  the  products  therefrom. 
Every  corporation,  the  majority  of  the  capital  stock  of  which  is 
owned  by  aliens,  shall  be  considered  an  alien  for  the  purposes  of 
this  prohibition. 

Sec.  34.  There  shall  be  established  in  the  office  of  the  Sec- 
retary of  State,  a bureau  of  statistics,  agriculture  and  immigra- 
tion, under  such  regulations  as  the  Legislature  may  provide. 

Sec.  35.  The  Legislature  shall  pass  necessary  laws  for  the  pro- 
tection of  persons  working  in  mines,  factories  and  other  employ- 
ments dangerous  to  life  or  deleterious  to  health;  and  fix  pains 
•and  penalties  for  the  enforcement  of  same. 

Sec.  36.  No  bill  shall  be  considered  in  either  house  unless  the 
time  of  its  introduction  shall  have  been  at  least  ten  days  before 
the  final  adjournment  of  the  Legislature,  unless  the  Legislature 
shall  otherwise  direct  by  a vote  of  two-thirds  of  all  the  members 
elected  to  each  house,  said  vote  to  be  taken  by  yeas  and  nays 
and  entered  upon  the  journal,  or  unless  the  same  be  at  a special 
session. 

Sec.  37.  No  act  shall  ever  be  revised  or  amended  by  mere 
reference  to  its  title,  but  the  act  revised  or  the  section  amended 
shall  b^et  forth  at  full  length. 

Sec.  38.  No  amendment  to  any  bill  shall  be  allowed  which 
shall  change  the  scope  and  object  of  the  bill. 

Sec.  39.  It  shall  not  be  lawful  for  any  person  holding  public 
office  in  this  State  to  accept  or  use  a pass  or  to  purchase  trans- 
portation from  any  railroad  or  other  corporation,  other  than  as 
the  same  mav  be  nurchased  by  the  general  public,  and  the  Legis 
lature  shall  pass  laws  to  enforce  this  provision. 

ARTICLE  III. 

The  Executive. 

Section  1.  The  executive  department  shall  consist  of  a Governor, 
Lieutenant-Governor,  Secretary  of  State,  Treasurer,  Auditor, 
Attorney-General,  Superintendent  of  Public  Instruction,  and  a 
Commissioner  of  Public  Lands,  who  shall  be  severally  chosen  by 
the  qualified  electors  of  the  State  at  the  time  and  place  of  voting 
as  for  the  members  of  the  Legislature. 

Sec.  2.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a Governor,  who  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  is  elected  and  qualified. 


CONSTITUTION  OF  WASHINGTON. 


613 


Sec.  3.  The  Lieutenant-Governor,  Secretary  of  State,  Treas- 
urer, Auditor,  Attorney-General,  Superintendent  of  Public  In- 
struction and  Commisioner  of  Public  Lands,  shall  hold  their  office 
for  four  years  respectively,  and  until  their  successors  are  elected 
and  qualified. 

Sec.  4.  The  returns  of  every  election  for  the  officers  named 
in  the  first  section  of  this  article  shall  be  sealed  up  and  trans- 
mitted to  the  seat  of  government  by  the  returning  officer,  di- 
rected to  the  Secretary  of  State,  who  shall  deliver  the  same  to 
the  speaker  of  the  House  of  Kepresentatives  at  the  first  meeting 
of  the  house  thereafter,  who  shall  open,  publish  and  declare  the 
result  thereof  in  the  presence  of  a majority  of  the  members  of 
both  houses.  The  person  having  the  highest  number  of  votes 
shall  be  declared  duly  elected,  and  a certificate  thereof  shall  be 
given  to  such  person,  signed  by  the  presiding  officers  of  both 
houses;  but  if  any  two  or  more  shall  be  highest  and  equal  in  votes 
for  the  same  office,  one  of  them  shall  be  chosen  by  a joint  vote  of 
both  houses.  Contested  elections  for  such  officers  shall  be  de- 
cided by  the  Legislature  in  such  manner  as  shall  be  determined 
by  law.  The  terms  of  all  officers  named  in  section  one  of  this 
article  shall  commence  on  the  second  Monday  in  January  after 
their  election,  until  otherwise  provided  by  law. 

Sec.  5.  The  Governor  may  require  information  in  writing 
from  the  officers  of  the  State  upon  any  subject  relating  to  the 
duties  of  their  respective  offices,  and  shall  see  that  the  laws  are 
faithfully  executed. 

Sec.  6.  He  shall  communicate  at  every  session  by  message  to 
the  Legislature  the  condition  of  the  affairs  of  the  State,  and 
recommend  such  measures  as  he  shall  deem  expedient  for  their 
action. 

Sec.  7.  He  may,  on  extraordinary  occasions,  convene  the  Leg- 
islature by  proclamation,  in  which  shall  be  stated  the  purpose 
for  which  the  Legislature  is  convened. 

Sec.  8.  He  shall  be  commander-in-chief  of  the  military  in  the 
State,  except  when  they  shall  be  called  into  the  service  of  the 
United  States. 

Sec.  9.  The  pardoning  power  shall  be  vested  in  the  Governor, 
under  such  regulations  and  restrictions  as  may  be  prescribed  by 
law.  I I 

Sec.  10.  In  case  of  the  removal,  resignation,  death  or  disabil- 
ity of  the  Governor,  the  duties  of  the  office  shall  devolve  upon  the 


614 


CONSTITUTION  OF  WASHINGTON. 


Lieutenant-Governor,  and  in  case  of  a vacancy  in  both  the  offices 
of  Governor  and  Lieutenant-Governor,  the  duties  of  Governor 
shall  devolve  upon  the  Secretary  of  State,  who  shall  act  as  Gov- 
ernor, until  the  disability  be  removed  or  a Governor  be  elected 
Sec.  11.  The  Governor  shall  have  power  to  remit  fines  and  for 
feitures,  under  such  regulations  as  may  be  prescribed  by  law, 
and  shall  report  to  the  Legislature  at  its  next  meeting  each  case 
of  reprieve,  commutation  or  pardon  granted,  and  the  reasons 
for  granting  the  same,  and  also  the  names  of  all  persons  in  whose 
favor  remissions  of  fines  and  forfeitures  shall  have  been  made, 
and  the  several  amounts  remitted  and  the  reasons  for  the  remis- 
sion. . , ; ' I ^;'^1  i 

Sec.  12.  Every  act  which  shall  have  passed  the  Legislature 
shall  be,  before  it  becomes  a law,  presented  to  the  Governor.  H 
he  approves,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  originated, 
which  house  shall  enter  the  objection  at  large  upon  the  journal 
and  proceed  to  reconsider.  If,  after  such  reconsideration,  two- 
thirds  of  the  members  present  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objection,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds 
of  the  members  present,  it  shall  become  a law;  but  in  all  such 
cases  the  vote  of  both  houses  shall  be  determined  by  the  yeas  and 
nays,  and  the  names  of  the  members  voting  for  or  against  the  bill 
shall  be  entered  upon  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor  within  five  days, 
Sunday  excepted,  after  it  shall  be  presented  to  him,  it  shall  be- 
come a law  without  his  signature,  unless  the  general  adjourn- 
ment shall  prevent  its  return,  in  which  case  it  shall  become  a law 
unless  the  Governor,  within  ten  days  next  after  the  adjournment, 
Sundays  excepted,  shall  file  such  bill  with  his  objections  thereto 
in  the  office  of  Secretary  of  State,  who  shall  lay  the  same  be- 
fore the  Legislature  at  its  next  session  in  like  manner  as  if  it 
had  been  returned  by  the  Governor.  If  any  bill  presented  to  the 
Governor  contain  several  sections  or  items,  he  may  object  to  one 
or  more  sections  or  items  while  approving  other  portions  of  the 
bill.  In  such  case  he'  shall  append  to  the  bill,  at  the  time  of 
signing  it,  a statement  of  the  section  or  sections,  item  or  items, 
to  which  he  objects,  and  the  reasons  therefor,  and  the  section 
or  sections,  item  or  items  so  objected  to  shall  not  take  effect 


CONSTITUTION  OF  WASHINGTON. 


615 


unless  passed  over  the  Governors  objection,  as  hereinbefore 
provided. 

Sec.  13.  When,  during  a recess  of  the  Legislature,  a vacancy 
shall  happen  in  any  office,  the  appointment  to  which  is  vested 
in  the  Legislature,  or  when  at  any  time  a vacancy  shall  have  oc- 
curred in  any  other  State  office,  for  the  filling  of  which  vacancy 
no  provision  is  made  elsewhere  in  this  Constitution,  the  Governor 
shall  fill  such  vacancy  by  appointment,  which  shall  expire  when 
a successor  shall  have  been  elected  and  qualified. 

Sec.  14.  The  Governor  shall  receive  an  annual  salary  of  four 
thousand  dollars,  which  may  be  increased  by  law,  but  shall  never 
exceed  six  thousand  dollars  per  annum. 

Sec.  15.  AU  commissions  shall  issue  in  the  name  of  the  State, 
shall  be  signed  by  the  Governor,  sealed  with  the  seal  of  the  State, 
and  attested  by  the  Secretary  of  State. 

Sec.  16.  The  Lieutenant-Governor  shall  be  presiding  officer 
of  the  State  Senate,  and  shall  discharge  such  other  duties  as  may 
be  prescribed  by  law.  He  shall  receive  an  annual  salary  of  one 
thousand  dollars,  which  may  be  increased  by  the  Legislature, 
but  shall  never  exceed  three  thousand  dollars  per  annum. 

Sec.  17.  The  Secretary  of  State  shall  keep  a record  of  the  offi- 
cial acts  of  the  Legislature  and  the  executive  department  of  the 
State,  and,  shall,  when  required,  lay  the  same,  and  aU  matters 
relative  thereto,  before  either  branch  of  the  Legislature,  and 
shall  perform  such  other  duties  as  shall  be  assigned  him  by  law. 
He  shall  receive  an  annual  salary  of  twenty-five  hundred  dollars, 
which  may  be  increased  by  the  Legislature,  but  shall  never  ex- 
ceed three  thousand  dollars  per  annum. 

Sec.  18.  There  shall  be  a seal  of  the  State,  kept  by  the  Secre- 
tary of  State  for  official  purposes,  which  shall  be  called,  ^‘The 
Seal  of  the  State  of  Washington.” 

Sec.  19.  The  Treasurer  shall  perform  such  duties  as  shall  be 
prescribed  by  law.  He  shall  receive  an  annual  salary  of  two 
thousand  dollars,  which  may  be  increased  by  the  Legislature, 
but  shall  never  exceed  four  thousand  dollars  per  annum. 

Sec.  20.  The  Auditor  shall  be  auditor  of  public  accounts,  and 
shall  have  such  power  and  perform  such  duties  in  connection 
therewith  as  may  be  prescribed  by  law.  He  shall  receive  an 
annual  salary  of  two  thousand  dollars,  which  may  be  increased 
by  the  Legislature,  but  shall  never  exceed  three  thousand  dollars 
per  annum. 


616 


CONSTITUTION  OF  WASHINOTON. 


Sec.  21.  The  Attorney-General  shall  he  the  legal  adviser  of  the 
State  officers,  and  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  law.  He  shall  receive  an  annual  salary  of  two  thou- 
sand dollars,  which  may  be  increased  by  the  Legislature,  but  shall 
never  exceed  thirty-five  hundred  dollars  per  annum. 

Sec.  22.  The  Superintendent  of  Public  Instruction  shall  have 
supervision  over  all  matters  pertaining  to  public  schools,  and 
shall  perform  such  specific  duties  as  may  be  prescribed  by  law. 
He  shall  receive  an  annual  salary  of  twenty-five  hundred  dollars, 
which  may  be  increased  by  law,  but  shall  never  exceed  four 
thousand  dollars  per  annum. 

Sec.  23.  The  Commissioner  of  Public  Lands  shall  perform 
such  duties  and  receive  such  compensation  as  the  Legislature 
may  direct. 

Sec.  24.  The  Governor,  Secretary  of  State,  Treasurer,  Auditor, 
Superintendent  of  Public  Instruction,  Commissioner  of  Public 
Lands  and  Attorney-General  shall  severally  keep  the  public 
records,  books  and  papers  relating  to  their  respective  offices,  at 
the  seat  of  government,  at  which  place  also  the  Governor,  Secre- 
tary of  State,  Treasurer  and  Auditor  shall  reside. 

Sec.  25.  No  person,  except  a citizen  of  the  United  States  and 
a qualified  elector  of  this  State,  shall  be  eligible  to  hold  any 
State  office,  and  the  State  Treasurer  shall  be  ineligible  for  the 
term  succeeding  that  for  which  he  was  elected.  The  compensa- 
tion for  State  officers  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected.  The  Legis- 
lature may,  in  its  discretion,  abolish  the  offices  of  the  the  Lieu- 
tenant-Governor, Auditor  and  Commissioner  of  Public  Lands. 

ARTICLE  IV. 

The  Judiciary . 

Section  1.  The  judicial  powder  of  the  State  shall  be  vested  in 
a Supreme  Court,  Superior  Courts,  justices  of  the  peace,  and  such 
inferior  courts  as  the  Legislature  may  provide. 

Sec.  2.  The  Supreme  Court  shall  consist  of  five  judges,  a ma- 
jority of  whom  shall  be  necessary  to  form  a quorum,  and  pro- 
nounce a decision.  The  said  court  shall  always  be  open  for  the 
transaction  of  business,  except  on  non-judicial  days.  In  the  de- 
termination of  causes  all  decisions  of  the  court  shall  be  given  in 
writing  and  the  grounds  of  the  decision  shall  be  stated.  The 


CONSTITUTION  OF  WASHINGTON. 


617 


Legislature  may  increase  the  number  of  judges  of  the  Supreme 
Court  from  time  to  time,  and  may  provide  for  separate  depart- 
ments of  said  court. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall  be  elected  by 
the  qualified  electors  of  the  State  at  large  at  the  general  State 
election  at  the  time  and  places  at  which  State  ofiicers  are  elected, 
unless  some  other  time  be  provided  by  the  Legislature.  The  first 
election  of  judges  of  the  Supreme  Court  shall  be  at  the  election 
which  shall  be  held  upon  the  adoption  of  this  Constitution,  and 
the  judges  elected  thereat  shall  be  classified  by  lot,  so  that  two 
shall  hold  their  office  for  the  term  of  three  years,  two  for  the  term 
five  years,  and  one  for  the  term  of  seven  years.  The  lot  shall  be 
drawn  by  the  judges  who  shall  for  that  purpose  assemble  at  the 
seat  of  government,  and  they  shall  cause  the  result  thereof  to  be 
certified  to  the  Secretary  of  State,  and  filed  in  his  office.  The 
judge  having  the  shortest  term  to  serve,  not  holding  his  office  by 
appointment  or  election  to  fill  a vacancy,  shall  be  the  chief  jus- 
tice, and  shall  preside  at  all  sessions  of  the  Supreme  Court,  and 
in  case  there  shall  be  two  judges  hating  in  like  manner  the  same 
short  term,  the  other  judges  of  the  Supreme  Court  shall  deter- 
mine which  of  them  shall  be  chief  justice.  In  case  of  the  absence 
of  the  chief  justice,  the  judge  having  in  like  manner  the  shortest 
or  next  shortest  term  to  seiwe  shall  preside.  After  the  first  election 
the  terms  of  judges  elected  shall  be  six  years  from  and  after 
the  second  Monday  in  January  next  succeeding  their  election. 
If  a vacancy  occur  in  the  office  of  a judge  of  the  Supreme  Court 
the  Governor  shall  appoint  a person  to  hold  the  office  until 
the  election  and  qualification  of  a judge  to  fill  the  vacancy,  which 
election  shall  take  place  at  the  next  succeeding  general  election 
and  the  judge  so  elected  shall  hold  the  office  for  the  remainder  of 
the  unexpired  term.  The  term  of  office  of  the  judges  of  the  Su- 
preme Court  first  elected  shall  commence  as  soon  as  the  State 
shall  have  been  admitted  into  the  Union,  and  continue  for  the 
term  herein  prortded,  and  until  their  successors  are  elected  and 
qualified.  The  sessions  of  the  Supreme  Court  shall  be  held  at 
the  seat  of  government  until  otherwise  provided  by  law. 

Sec.  4.  The  Supreme  Court  shall  have  original  jurisdiction  in 
habeas  corpus  and  quo  warranto  and  mandamus  as  to  all  State 
officers,  and  appellate  jurisdiction  in  all  actions  and  proceedings 
excepting  that  its  appellate  jurisdiction  shall  not  extend  to  civil 


618 


CONSTITUTION  OF  WASHINGTON. 


actions  at  law  for  the  recovery  of  money  or  personal  property 
when  the  original  amount  in  controversy,  or  the  value  of  the 
property,  does  not  exceed  the  sum  of  two  hundred  dollars  (|200), 
unless  the  action  involves  the  legality  of  a tax,  impost,  assess- 
ment, toll,  municipal  fine,  or  the  validity  of  a statute.  The 
Supreme  Court  shall  also  have  power  to  issue  writs  of  mandamus, 
review,  prohibition,  habeas  corpus,  certiorari  and  all  other  writs 
necessary  and  proper  to  the  complete  exercise  of  its  appellate  and 
revisory  jurisdiction.  Each  of  the  judges  shall  have  power  to 
issue  writs  of  habeas  corpus  to  any  part  of  the  State  upon  peti- 
tion by  or  on  behalf  of  any  person  held  in  actual  custody,  and  may 
make  such  writs  returnable  before  himself,  or  before  the  Supreme 
Court,  or  before  any  Superior  Court  of  the  State  or  any  judge 
thereof. 

Sec.  5.  There  shall  be  in  each  of  the  organized  counties  of  - 
this  State  a Superior  Court  for  which  at  least  one  judge  shall  be 
elected  by  the  qualified  electors  of  the  county  at  the  general 
State  election:  Provided,  that  until  otherwise  directed  by  the 

Legislature,  one  judge  only  shall  be  elected  for  the  counties  of 
Spokane  and  Stevens;  one  judge  for  the  county  of  Whitman; 
one  judge  for  the  counties  of  Lincoln,  Okanogan,  Douglas  and 
Adams;  one  judge  for  the  counties  of  Walla  Walla  and  Franldin; 
one  judge  for  the  counties  of  Columbia,  Garfield  and  Asotin; 
one  judge  for  the  counties  of  Kittitas,  Yakima  and  Klickitat; 
one  judge  for  the  counties  of  Clarke,  Skamania,  Pacific,  Cowlitz 
and  Wahkiakum;  one  judge  for  the  counties  of  Thurston,  Che- 
halis.  Mason  and  Lewis;  one  judge  for  the  county  of  Pierce;  one 
judge  for  the  county  of  King;  one  judge  for  the  counties  of 
Jefferson,  Island,  Kitsap,  San  Juan  and  Clallam;  and  one  judge 
for  the  counties  of  Whatcom,  Skagit  and  Snohomish.  In  any 
county  where  there  shall  be  more  than  one  superior  judge,  there 
may  be  as  many  sessions  of  the  Superior  Court  at  the  same  time 
as  there  are  judges  thereof,  and  whenever  the  Governor  shall 
direct  a superior  judge  to  hold  court  in  any  county  other  than 
that  for  which  he  has  been  elected,  there  may  be  as  many 
sessions  of  the  Superior  Court  in  said  county  at  the  same  time 
as  there  are  judges  therein  or  assigned  to  duty  therein  by  the 
Governor,  and  the  business  of  the  court  shall  be  so  distributed 
and  assigned  by  law,  or,  in  the  absence  of  legislation  therefor,  by 
such  rules  and  orders  of  court,  as  shall  best  promote  and  secure 
the  convenient  and  expeditious  transaction  thereof.  The  judg- 


619 


CONSTITUTION  OF  WASHINGTON. 

ments,  decrees,  orders  and  proceedings  of  any  session  of  the 
Superior  Court  held  by  any  one  or  more  of  the  judges  of  such 
court  shall  be  equally  effectual  as  if  aU  the  judges  of  said  court 
presided  at  such  session.  The  first  superior  judges  elected  under 
this  Constitution  shall  hold  their  offices  for  the  period  of  three 
years,  and  until  their  successors  shall  be  elected  and  qualified, 
and  thereafter  the  term  of  office  of  all  superior  judges  in  this 
State  shall  be  for  four  years  from  the  second  Monday  in  J anuary 
next  succeeding  their  election,  and  until  their  successors  are 
elected  and  qualified.  The  first  election  of  judges  of  the  Superior 
Court  shall  be  at  the  election  held  for  the  adoption  of  this  Con- 
stitution. If  a vacancy  occurs  in  the  office  of  judge  of  the 
Superior  Court,  the  Governor  shall  appoint  a person  to  hold  the 
office  until  the  election  and  qualification  of  a judge  to  fill  the 
vacancy,  which  election  shall  be  at  the  next  succeeding  general 
election,  and  the  judge  so  elected  shall  hold  office  for  the  remain- 
der of  the  unexpired  term. 

Sec.  6.  The  Superior  Court  shall  have  original  jurisdiction  in 
all  cases  in  equity,  and  in  all  cases  at  law  which  involve  the  title 
or  possession  of  real  property,  or  the  legality  of  any  tax,  impost, 
assessment,  toll  or  municipal  fine,  and  in  all  other  cases  in  which 
the  demand,  or  the  value  of  the  property  in  controversy,  amounts 
to  one  hundred  dollars,  and  in  all  criminal  cases  amounting  to 
felony,  and  in  all  cases  of  misdemeanor  not  otherwise  provided 
for  by  law ; of  actions  of  forcible  entry  and  detainer ; of  proceed- 
ings in  insolvency;  of  actions  to  prevent  or  abate  a nuisance;  of 
all  matters  of  probate,  of  divorce,  and  for  annulment  of  marriage ; 
and  for  such  special  cases  and  proceedings  as  are  not  otherwise 
provided  for.  The  Sujjerior  Court  shall  also  have  original  juris- 
diction in  all  cases  and  of  all  proceedings  in  which  jurisdiction 
shall  not  have  been  by  law  nested  exclusively  in  some  other  court; 
and  said  court  shall  have  the  power  of  naturalization,  and  to  issue 
papers  therefor.  They  shall  have  such  appellate  jurisdiction  in 
cases  arising  in  justice’s  and  other  inferior  courts  in  their  respec- 
tive counties  as  may  be  prescribed  by  law.  They  shall  be  always 
open  except  on  non- judicial  days,  and  their  process  shall  extend 
to  all  parts  of  the  State.  Said  courts  and  their  judges  shall  have 
power  to  issue  writs  of  mandamus,  quo  warranto,  review,  certio- 
rari, prohibition  and  writs  of  habeas  corpus,  on  petition  by  or  on 
behalf  of  any  person  in  actual  custody  in  their  respective  coun- 
ties. Injunctions  and  writs  of  prohibition  and  of  habeas  corpus 
may  be  issued  and  served  on  legal  holidays  and  non- judicial  days. 


620 


CONSTITUTION  OF  WASHINGTON. 


Sec.  7.  The  judge  of  any  Superior  Court  may  hold  a Superior 
Court  in  any  county  at  the  request  of  the  judge  of  the  Superior 
Court  thereof,  and  upon  the  request  of  the  Governor  it  shall  be 
his  duty  to  do  so.  A case  in  the  Superior  Court  may  be  tried  by 
a judge  pro  tempore,  who  must  be  a member  of  the  bar  agreed 
upon  in  writing  by  the  parties  litigant,  or  their  attorneys  of 
record,  approved  by  the  court,  and  sworn  to  try  the  case. 

Sec.  8.  Any  judicial  officer  who  shall  absent  himself  from  the 
State  for  more  than  sixty  consecutive  days  shall  be  deemed  to 
have  forfeited  his  office:  Provided,  that  in  cases  of  extreme 

necessity  the  Governor  may  extend  the  leave  of  absence  such 
time  as  the  necessity  therefor  shall  exist. 

Sec.  9.  Any  judge  of  any  court  of  record,  the  Attorney-Gen- 
eral or  any  prosecuting  attorney,  may  be  removed  from  office  by 
joint  resolution  of  the  Legislature,  in  which  three-fourths  of  the 
members  elected  to  each  house  shall  concur,  for  incompetency, 
corruption,  malfeasance  or  delinquency  in  office,  or  other  suffi- 
cient cause  stated  in  such  resolution.  But  no  removal  shall  be 
made  unless  the  officer  complained  of  shall  have  been  served  with 
a copy  of  the  charges  against  him  as  the  ground  of  removal,  and 
shall  have  an  opportunity  of  being  heard  in  his  defense.  Such 
resolution  shall  be  entered  at  length  on  the  journal  of  both  houses, 
and  on  the  question  of  removal  the  ayes  and  nays  shall  also  be 
entered  on  the  journal. 

Sec.  10.  The  Legislature  shall  determine  the  number  of  jus- 
tices of  the  peace  to  be  elected  in  incorporated  cities  or  towns 
and  in  precincts,  and  shall  prescribe  by  law  the  powers,  duties 
and  jurisdiction  of  justices  of  the  peace:  Provided,  that  such 

jurisdiction  granted  by  the  Legislature  shall  not  trench  upon  the 
jurisdiction  of  Superior  or  other  courts  of  record,  except  that 
justices  of  the  peace  may  be  made  police  justices  of  incorporated 
cities  and  towns.  In  incorporated  cities  or  towns  having  more 
than  five  thousand  inhabitants  the  justices  of  the  peace  shall 
receive  such  salary  as  may  be  provided  by  law,  and  shall  receive 
no  fees  for  their  own  use. 

Sec.  11.  Tlie  Supreme  Court  and  the  Superior  Court  shall  be 
courts  of  record,  and  the  Legislature  shall  have  power  to  pro- 
vide that  any  of  the  courts  of  this  State,  excepting  justices  of  the 
peace,  shall  be  courts  of  record. 

Sec.  12.  The  Legislature  shall  prescribe  by  law  the  jurisdic- 
tion and  powers  of  any  of  the  inferior  courts  which  may  be  estab- 
lished in  pursuance  of  this  Constitution. 


CONSTITUTION  OF  WASHINGTON. 


621 


Sec.  13.  No  judicial  officer,  except  court  commissioners  and 
unsalaried  justices  of  the  peace,  shall  receive  to  his  own  use  any 
fees  or  perquisites  of  office.  The  judges  of  the  Supreme  Court 
and  judges  of  the  Superior  Courts  shall  severally,  at  stated  times, 
during  their  continuance  in  office,  receive  for  their  services  the 
salaries  prescribed  by  law  therefor,  which  shall  not  be  increased 
after  their  election,  nor  during  the  term  for  which  they  shall 
have  been  elected.  The  salaries  of  the  judges  of  the  Supreme 
Court  shall  be  paid  by  the  State.  One-half  of  the  salary  of  each 
of  the  Superior  Court  judges  shall  be  paid  by  the  State,  and  the 
other  one-half  by  the  county  or  counties  for  which  he  is  elected. 
In  cases  where  a judge  is  provided  for  more  than  one  county, 
that  portion  of  his  salary  which  is  to  be  paid  by  the  counties 
shall  be  apportioned  between  or  among  them  according  to  the 
be  paid. 

Sec.  14.  Each  of  the  judg*es  of  the  Supreme  Court  shall 
receive  an  annual  salary  of  four  thousand  dollars  (|4,000);  each 
of  the  Superior  Court  judges  shall  receive  an  annual  salary  of 
three  thousand  dollars  (|3,000),  which  said  salary  shall  be  pay- 
able quarterly.  The  Legislature  may  increase  the  salaries  of  the 
judges  herein  provided. 

Sec.  15.  The  judges  of  the  Supreme  Court  and  the  judges  of 
the  Superior  Court  shall  be  ineligible  to  any  other  office  or  public 
employment  than  a judicial  office,  or  employment,  during  the 
term  for  which  they  shall  have  been  elected. 

Sec.  16.  Judges  shall  not  charge  juries  with  respect  to  mat- 
ters of  fact,  nor  comment  thereon,  but  shall  declare  the  law. 

Sec.  17.  No  person  shall  be  eligible  to  the  office  of  judge  of 
the  Supreme  Court,  or  judge  of  a Superior  Court,  unless  he  shall 
have  been  admitted  to  practice  in  the  courts  of  record  of  this 
State,  or  of  the  Territory  of  Washington. 

Sec.  18.  The  judges  of  the  Supreme  Court  shall  appoint  a 
reporter  for  the  decisions  of  that  court,  who  shall  be  removable 
at  their  pleasure.  He  shall  receive  such  annual  salary  as  shall 
be  prescribed  by  law. 

Sec.  19.  No  judge  of  a court  of  record  shall  practice  law  in 
any  court  of  this  State  during  his  continuance  in  office. 

Sec.  20.  Every  case  submitted  to  a judge  of  a Superior  Court 
for  his  decision  shall  be  decided  by  him  within  ninety  days  from 
the  submission  thereof:  Provided,  that  if  within  said  period  of 


622 


CONSTITUTION  OF  WASHINGTON. 


ninety  days  a rehearing  shall  have  been  ordered,  then  the  period 
within  which  he  is  to  decide  shall  commence  at  the  time  the 
cause  is  submitted  upon  such  a rehearing. 

Sec.  21.  The  Legislature  shall  provide  for  the  speedy  publica- 
tion of  opinions  of  the  Supreme  Court,  and  all  opinions  shall  be 
free  for  publication  by  any  person. 

Sec.  22.  The  judges  of  the  Supreme  Court  shall  appoint  a 
clerk  of  that  court,  who  shall  be  removable  at  their  pleasure,  but 
the  Legislature  may  provide  for  the  election  of  the  clerk  of  the 
Supreme  Court,  and  prescribe  the  term  of  his  office.  The  clerk  of 
the  Supreme  Court  shall  receive  such  compensation  by  salary 
only  as  shall  be  provided  by  law. 

Sec.  23.  There  may  be  appointed  in  each  county,  by  the  judge 
of  the  Superior  Court  having  jurisdiction  therein,  one  or  more 
court  commissioners,  not  exceeding  three  in  number,  who  shall 
have  authority  to  perform  like  duties  as  a judge  of  the  Superior 
Court  at  chambers,  subject  to  revision  by  such  judge,  to  take 
depositions  and  to  perform  such  other  business  connected  with 
the  administration  of  justice  as  may  be  prescribed  by  law. 

Sec.  24.  The  judges  of  the  Superior  Court  shall,  from  time  to 
time,  establish  uniform  rules  for  the  government  of  the  Superior 
Courts. 

Sec.  25.  Superior  judges  shall,  on  or  before  the  first  day  of 
November  in  each  year,  report  in  writing  to  the  judges  of  the 
Supreme  Court  such  defects  and  omissions  in  the  laws  as  their 
experience  may  suggest,  and  the  judges  of  the  Supreme  Court 
shall,  on  or  before  the  first  day  of  January  in  each  year,  report 
in  writing  to  the  Governor  such  defects  and  omissions  in  the  laws 
as  they  may  believe  to  exist. 

Sec.  26.  The  county  clerk  shall  be,  by  virtue  of  his  office, 
clerk  of  the  Superior  Court. 

Sec.  27.  The  style  of  all  process  shall  be  ^^The  State  of 
Washington,”  and  all  prosecutions  shall  be  conducted  in  its  name 
and  by  its  authority. 

Sec.  28.  Every  judge  of  the  Supreme  Court,  and  every  judge 
of  the  Superior  Court,  shall,  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  an  oath  that  he  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  the 
State  of  Washington,  and  will  faithfully  and  impartially  dis- 
charge the  duties  of  judge  to  the  best  of  his  ability,  which  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State. 


CONSTITUTION  OF  WASHINGTON. 


623 


ARTICLE  V. 

Impea  ch  men  t . 

Section  1.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment.  The  concurrence  of  a majority  of  all  the 
members  shall  be  necessary  to  an  impeachment.  All  impeach- 
ments shall  be  tried  by  the  Senate,  and,  when  sitting  for  that 
purpose,  the  Senators  shall  be  upon  oath  or  affirmation  to  do  jus- 
fice  according  to  law  and  eviden-"e.  When  the  Governor  or  Lieu- 
tenant-Governor is  on  trial,  the  chief  justice  of  the  Supreme 
Court  shall  preside.  . No  person  shall  be  convicted  without  a 
concurrence  of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  judicial  officers, 
except  judges  and  justices  of  courts 'not  of  record,  shall  be  liable 
to  impeachment  for  high  crimes  or  misdemeanors,  or  malfeasance 
in  office,  but  judgment  in  such  cases  shall  extend  only  to  removal 
from  office  and  disqualification  to  hold  any  office  of  honor,  trust 
or  profit  in  the  State.  The  parU^,  whether  convicted  or  acquit- 
ted, shall,  nevertheless,  be  liable  to  prosecution,  trial,  judgment 
and  punishment  according  to  law. 

Sec.  3.  All  officers  not  liable  to  impeachment  shall  be  subject 
to  removal  for  misconduct  or  malfeasance  in  office  in  such  man- 
ner as  may  be  provided  by  law. 

ARTICLE  VI. 

Elections  and  Elective  Rights. 

Section  1.  All  male  persons  of  the  age  of  twenty-one  years  or 
over,  possessing  the  following  qualifications,  shall  be  entitled  to 
vote  at  aU  elections.  They  shall  be  citizens  of  the  United  States; 
they  shall  have  lived  in  the  State  one  year,  and  in  the  county 
ninety  days,  and  in  the  city,  town,  ward  or  precinct  thirty  days 
immediately  preceding  the  election  at  which  they  offer  to  vote: 
Provided,  that  Indians  not  taxed  shall  never  be  allowed  the  elec- 
tive franchise:  Provided  further,  that  aU  male  persons  who  at 
the  time  of  the  adoption  of  this  Constitution  are  qualified  elec- 
tors of  the  Territory  shall  be  electors. 

Sec.  2.  The  Legislature  may  provide  that  there  shall  be  no 
denial  of  the  elective  franchise  at  any  school  election  on  account 
of  sex. 

Sec.  3.  All  idiots,  insane  persons  and  persons  convicted  of 
infamous  crime,  unless  restored  to  their  civil  rights,  are  excluded 
from  the  elective  franchise. 


624 


CONSTITUTION  OF  WASHINGTON. 


Sec.  4.  For  the  purpose  of  voting  and  eligibility  to  office  no 
person  shall  be  deemed  to  have  gained  a residence  by  reason  of 
his  presence  or  lost  it  by  reason  of  his  absence,  while  in  the  civil 
or  military  service  of  the  State  or  the  United  States,  nor  while 
a student  at  any  institution  of  learning,  nor  while  kept  at  pub- 
lic expense  at  any  poor-house  or  other  asylum,  nor  while  confined 
in  public  prison,  nor  while  engaged  in  the  navigation  of  the 
waters  of  this  State  or  of  the  United  States,  or  of  the  high  seas. 

Sec.  5.  Voters  shall  in  all  cases,  except  treason,  felony  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  elections,  and  in  going  to ' and  returning  there- 
from. No  elector  shall  be  required  to  do  military  duty  on  the  day 
of  any  election  except  in  time  of  wmr  or  public  danger. 

Sec.  6.  All  elections  shall  be  by  ballot.  The  Legislature  shall 
provide  for  such  method  of  voting  as  will  secure  to  every  elector 
absolute  secrecy  in  preparing  and  depositing  his  ballot. 

Sec.  7.  The  Legislature  shall  enact  a registration  law  and 
shall  require  a compliance  with  such  law  before  any  elector 
shall  be  allowed  to  vote:  Provided,  that  this  provision  is  not 

compulsory  upon  the  Legislature,  except  as  to  cities  and  towns 
having  a population  of  over  five  hundred  inhabitants.  In  all 
other  cases  the  Legislature  may  or  may  not  require  registration 
as  a prerequisite  to  the  right  to  vote,  and  the  same  system  of 
registration  need  not  be  adopted  for  both  classes. 

Sec.  8.  The  first  election  of  county  and  district  officers  not 
otherwise  provided  for  in  this  Constitution  shall  be  on  the  Tues- 
day next  after  the  first  Monday  in  November,  1890,  and  there- 
after all  elections  for  such  officers  shall  be  held  biennially  on  the 
Tuesday  next  succeeding  the  first  Monday  in  November.  The 
first  election  of  all  State  officers  not  otherwise  provided  for  in 
this  Constitution,  after  the  election  held  for  the  adoption  of  this 
Constitution,  shall  be  on  the  Tuesday  next  after  the  first  Mon 
day  in  November,  1892,  and  the  elections  for  such  State  offices 
shall  be  held  in  every  fourth  year  thereafter  on  the  Tuesday  suc- 
ceeding the  first  Monday  in  November. 

ARTICLE  VII. 

Revenue  and  Taxation. 

Section  L All  property  in  the  State,  not  exempt  under  the 
laws  of  the  United  States,  or  under  this  Constitution,  shall  bo 
taxed  in  proportion  to  its  value,  to  be  ascertained  as  provided  by 


CONSTITUTION  OF  WASHINGTON. 


G25 


law.  The  Legislature  shall  provide  by  law  for  an  annual  tax 
sufficient,  with  other  sources  of  revenue,  to  defray  the  estimated 
ordinary  expenses  of  the  State  for  each  fiscal  year.  And  for  the 
purpose  of  paying  the  State  debt,  if  there  be  any,  the  Legislature 
shall  provide  for  levying  a tax  annually,  sufficient  to  pay  the 
annual  interest  and  principal  of  such  debt  within  twenty  years 
from  the  final  passage  of  the  law  creating  the  debt. 

Sec.  2.  The  Legislature  shall  provide  by  law  a uniform  and 
equal  rate  of  assessment  and  taxation  on  all  property  in  the 
State,  according  to  its  value  in  money,  and  shall  prescribe  such 
regulations  by  general  law  as  shall  secure  a just  valuation  for 
taxation  of  all  property,  so  that  every  person  and  corporation 
shall  pay  a tax  in  proportion  to  the  value  of  his,  her  or  its  prop- 
erty: Provided,  that  a deduction  of  debts  from  credits  may  be 

authorized:  Provided  further,  that  the  property  of  the  United 

States,  and  of  the  State,  counties,  school  districts  and  other 
municipal  corporations,  and  such  other  property  as  the  Legisla- 
ture may  by  general  laws  provide,  shall  be  exempt  from  taxation. 

Sec.  3.  The  Legislature  shall  provide  by  general  law  for  the 
assessing  and  levying  of  taxes  on  all  corporation  property  as 
near  as  may  be  by  the  same  methods  as  are  provided  for  the 
assessing  and  levying  of  taxes  on  individual  property. 

Sec.  4.  The  power  to  tax  corporations  and  corporate  prop- 
erty shall  not  be  surrendered  or  suspended  by  any  contract  or 
grant  to  which  the  State  shall  be  a party. 

Sec.  5.  No  tax  shall  be  levied  except  in  pursuance  of  law; 
and  every  law  imposing  a tax  shall  state  distinctly  the  object  of 
the  same  to  which  only  it  shall  be  applied. 

Sec.  6.  All  taxes  levied  and  collected  for  State  purposes  shall 
be  paid  in  money  only  into  the  State  treasury. 

Sec.  7.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  moneys  shall  be  published  annually  in  such 
manner  as  the  Legislature  may  provide. 

Sec.  8.  Whenever  the  expenses  of  any  fiscal  year  shall  exceed 
the  income,  the  Legislature  may  provide  for  levying  a tax  for  the 
ensuing  fiscal  year,  sufficient,  with  other  sources  of  income,  to 
pay  the  deficiency,  as  well  as  the  estimated  expenses  of  the  ensu- 
ing fiscal  year. 

Sec.  9.  The  Legislature  may  vest  the  corporate  authorities 
of  cities,  towns  and  villages  with  power  to  make  local  improve- 
40 


62(5 


CONSTITUTION  OF  WASHINGTON. 


ments  by  special  assessment,  or  by  special  taxation  of  property 
benefited.  For  all  corporate  purposes,  all  municipal  corpora- 
tions may  be  vested  with  authority  to  assess  and  collect  taxes, 
and  such  taxes  shall  be  uniform  in  respect  to  persons  and  prop- 
erty within  the  jurisdiction  of  the  body  levying  the  same. 

ARTICLE  VIII. 

State^  County  and  Municipal  Indebtedness. 

Section  1.  The  State  may,  to  meet  casual  deficits  or  failures 
in  revenue,  or  for  expenses  not  provided  for,  contract  debts,  but 
such  debts,  direct  and  contingent,  singly  or  in  the  aggregate, 
shall  not  at  any  time  exceed  four  hundred  thousand  dollars 
(|400,000),  and  the  moneys  arising  from  the  loans  creating  such 
debts  shall  be  applied  to  the  purpose  for  which  they  were* 
obtained  or  to  repay  the  debts  so  contracted,  and  to  no  otluM* 
purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power  to  contract 
debts,  the  State  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  to  defend  the  State  in  war,  but  the  money  aris- 
ing from  the  contracting  of  such  debts  shall  be  applied  to  the 
purpose  for  which  it  was  raised,  and  to  no  other  purpose 
whatever.  ! 

Sec.  3.  Except  the  debts  specified  in  sections  one  and  two  of 
this  article,  no  debts  shall  hereafter  be  contracted  by,  or  on 
behalf  of  this  State,  unless  such  debt  shall  be  authorized  by  law 
for  some  single  work  or  object  to  be  distinctly  specified  therein, 
which  law  shall  provide  ways  and  means,  exclusive  of  loans,  for 
the  payment  of  the  interest  on  such  debt  as  it  falls  due,  and  also 
to  pay  and  discharge  the  principal  of  such  debt  within  twenty 
years  from  the  time  of  the  contracting  thereof.  No  such  law 
shall  take  effect  until  it  shall,  at  a general  election,  liaA^e  been 
submitted  to  the  peo])le  and  have  received  a majority  of  all  the 
votes  cast  for  and  against  it  at  such  election,  and  all  moneys 
raised  by  authority  of  such  law  shall  be  applied  only  to  the 
specific  object  therein  stated,  or  to  the  payment  of  the  debt 
thereby  created,  and  such  law  shall  be  published  in  at  least  one 
newspaper  in  each  county,  if  one  be  published  therein,  through- 
out the  State,  for  three  months  next  preceding  the  election  at 
which  it  is  submitted  to  the  people. 

Sec.  4.  No  moneys  shall  ever  be  paid  out  of  the  treasury  of 
this  State,  or  any  of  its  Linds  or  any  of  the  funds  under  its 


CONSTITUTION  OF  WASHINGTON. 


627 


management,  except  in  pursuance  of  an  appropriation  by  law; 
nor  unless  such  payment  be  made  within  two  years  from  the 
first  day  of  May  next  after  the  passage  of  such  appropriation 
act,  and  every  such  law  making  a new  appropriation,  or  con- 
tinuing or  reviving  an  appropriation,  shall  distinctly  specify  the 
sum  appropriated,  and  the  object  to  which  it  is  to  be  applied, 
and  it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other 
law  to  fix  such  sum. 

Sec.  5.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association,  com- 
pany or  corporation. 

Sec.  6.  No  county,  city,  town,  school  district  or  other  muni- 
cipal corporation,  shall  for  any  purpose  become  indebted  in  any 
manner  to  an  amount  exceeding  one  and  one-half  per  centum  of 
the  taxable  property  in  such  county,  city,  town,  school  district 
or  other  municipal  corporation,  without  the  assent  of  three-fifths 
of  the  voters  therein,  voting  at  an  election  to  be  held  for  that 
purpose,  nor  in  cases  requiring  such  assent  shall  the  total  indebt- 
edness at  any  time  exceed  five  per  centum  on  the  value  of  the 
taxable  property  therein,  to  be  ascertained  by  the  last  assess- 
ment for  State  and  county  purposes  previous  to  the  incurring  of 
such  indebtedness;  except  that  in  incorporated  cities  the  assess- 
ment shall  be  taken  from  the  last  assessment  for  city  i)urposes: 
Ih’ovided,  that  no  part  of  the  indebtedness  allowed  in  this  sec- 
tion shall  be  incurred  for  any  purpose  other  than  strictly  county, 
city,  town,  school  district  or  other  municipal  purposes:  Pro- 

vided further,  that  any  city  or  toAvn,  with  such  assent  may  be 
allowed  to  become  indebted  to  a larger  amount,  but  not  exceed- 
ing five  per  centum  additional,  for  supplying  such  city  or  town 
with  water,  artificial  light  and  sewers,  when  the  works  for  sup- 
plying such  water,  light  and  sewers  shall  be  *owned  and  con- 
trolled by  the  municipality. 

Sec.  7.  No  county,  city,  town  or  other  municipal  corporation 
shall  hereafter  give  any  money  or  property,  or  loan  its  money  or 
credit,  to  or  in  aid  of  any  individual,  association,  company  or 
corporation,  except  for  the  necessary  support  of  the  poor  and 
infirm,  or  become  directly  or  indirectly  the  owner  of  any  stock  in 
or  bonds  of  any  association,  company  or  corporation. 


628 


CONSTITUTION  OF  WASHINGTON. 


ARTICLE  IX. 

Education. 

Section  1.  It  is  the  paramount  duty  of  the  State  to  make 
ample  provision  for  the  education  of  all  children  residing  within 
its  borders,  without  distinction  or  preference  on  account  of  race^ 
color,  caste  or  sex. 

Sec.  2.  The  Legislature  shall  provide  for  a general  and  uni- 
form system  of  public  schools.  The  public  school  system  shall 
include  common  schools,  and  such  high  schools,  normal  schools 
and  technical  schools  as  may  hereafter  be  established.  But  the 
entire  revenue  derived  from  the  common  school  fund,  and  the 
State  tax  for  common  schools,  shall  be  exclusively  applied  to  the 
support  of  the  common  schools. 

Sec.  3.  The  principal  of  the  common  school  fund  shall  remain 
permanent  and  irreducible.  The  said  fund  shall  be  derived  from 
the  following  named  sources,  to  wit:  Appropriations  and  dona- 
tions by  the  State  to  this  fund;  donations  and  bequests  by  indi- 
viduals to  the  State  or  public  for  common  schools;  the  proceeds 
of  lands  and  other  property  which  revert  to  the  State  by  escheat 
and  forfeiture;  the  proceeds  of  all  property  granted  to  the  State, 
when  the  purpose  of  the  grant  is  not  specified,  or  is  uncertain; 
funds  accumulated  in  the  treasury  of  the  State  for  the  disburse- 
ment of  which  provision  has  not  been  made  by  law;  the  pro- 
ceeds of  the  sale  of  timber,  stone,  minerals  or  other  property  from 
school  and  State  lands,  other  than  those  granted  for  specific 
purposes;  all  moneys  received  from  persons  appropriating  tim- 
ber, stone,  minerals  or  other  property  from  school  and  State 
lands,  other  than  those  granted  for  specific  purposes,  and  all 
moneys  other  than  rental,  recovered  from  persons  trespassing 
on  said  lands;  five  per  centum  of  the  proceeds  of  the  sale  of  pub- 
lic lands  lying  within  the  State,  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  the  State  into  the 
Union  as  approved  by  section  13  of  the  act  of  Congress  enabling 
the  admission  of  the  State  into  the  Union;  the  principal  of  all 
funds  arising  from  the  sale  of  lands  and  other  property  which  have 
been,  and  hereafter  may  be  granted  to  the  State  for  the  support 
of  common  schools.  The  Legislature  may  make  further  provisions 
for  enlarging  said  fund.  The  interest  accruing  on  said  fund 
together  with  all  rentals  and  other  revenues  derived  therefrom 
and  from  lands  and  other  property  devoted  to  the  common  school 


CONSTITUTION  OF  WASHINGTON. 


629 


fund,  shall  be  exclusively  applied  to  the  current  use  of  the  com- 
mon schools. 

Sec.  4.  AU  schools  maintained  or  supported  wholly  or  in  part 
by  ihe  public  funds  shall  be  forever  free  from  sectarian  control 
or  influence. 

Sec.  5.  All  losses  to  the  permanent  common  school  or  any 
other  State  educational  fund,  which  shall  be  occasioned  by  de- 
falcation, mismanagement  or  fraud  of  the  agents  or  officers 
controlling  or  managing  the  same,  shall  be  audited  by  the  proper 
authorities  of  the  State.  The  amount  so  audited  shall  be  a per- 
manent funded  debt  against  the  State  in  favor  of  the  particular 
fund  sustaining  such  loss,  upon  which  not  less  than  six  per  cent, 
annual  interest  shall  be  paid.  The  amount  of  liability  so  created 
shall  not  be  counted  as  a part  of  the  indebtedness  authorized  and 
limited  elsewhere  in  this  Constitution. 

ARTICLE  X. 

Militia. 

Section  1.  All  able  bodied  male  citizens  of  this  State  between 
the  ages  of  eighteen  (18)  and  forty-flve  (45)  years,  except  such  as 
are  exempted  by  law^s  of  the  United  States  or  by  laws  of  this 
State,  shall  be  liable  to  military  duty. 

Sec.  2.  The  Legislature  shall  provide  by  law"  for  organizing 
and  disciplining  the  militia  in  such  manner  as  it  may  deem  ex- 
pedient, not  incompatible  with  the  Constitution  and  law-s  of  the 
United  States.  Officers  of  the  militia  shall  be  elected  or  ap- 
pointed in  such  manner  as  the  Legislature  shall  from  time  to 
time  direct,  and  shall  be  commissioned  by  the  Governor.  The 
Governor  shall  have  power  to  caU  forth  the  militia  to  execute 
the  laws  of  the  State,  to  suppress  insurrections  and  repel  inva- 
sions. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the  mainten- 
nance  of  a soldiers’  home  for  honorably  discharged  Union  sol- 
diers, sailors,  marines  and  members  of  the  State  militia  disabled 
w^hile  in  the  line  of  duty  and  w’ho  are  bona  flde  citizens  of  the 
State. 

Sec.  4.  The  Legislature  shall  provide  by  law-  for  the  protec- 
tion and  safe  keeping  of  the  public  arms. 

Sec.  5.  The  militia  shall,  in  all  cases  except  treason,  felony 
and  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  musters  and  elections  of  officers,  and  in  going  to 
and  returning  from  the  same. 


630 


CONSTITUTION  OF  WASHINGTON. 


Sec.  G.  No  person  or  persons  having  conscientious  scruples 
against  bearing  arms  shall  be  compelled  to  do  militia  duty  in 
time  of  peace:  Provided,  Such  person  or  persons  shall  pay  an 
equivalent  for  such  exemption. 

ARTICLE  XI. 

County^  City  and  Township  Organization. 

Section  1.  The  several  counties  of  the  territory  of  Washing- 
ton existing  at  the  time  of  the  adoption  of  this  Constitution  are 
hereby  recognized  as  legal  subdivisions  of  this  State. 

Sec.  2.  No  county  seat  shall  be  removed  unless  three-fifths 
of  the  qualified  electors  of  the  county  voting  on  the  proposition 
at  the  general  election  shall  vote  in  favor  of  such  removal,  and 
three-fifths  of  all  the  votes  cast  on  the  proposition  shall  be  re- 
quired to  relocate  a county  seat.  A proposition  of  removal  shall 
not  be  submitted  in  the  same  county  more  than  once  in  four 
years. 

Sec.  3.  No  new  county  shall  be  established  which  shall  reduce 
any  county  to  a population  less  than  four  thousand  (4,000),  nor 
shall  a new  county  be  formed  containing  less  population  than 
two  thousand  (2,000).  There  shall  be  no  territory  stricken  from 
any  county  unless  a majority  of  the  voters  living  in  such  terri- 
tory shall  petition  therefor,  and  then  only  under  such  other  con- 
ditions as  may  be  prescribed  by  a general  law  applicable  to  the 
whole  State.  Every  county  which  shall  be  enlarged  or  created 
from  territory  taken  from  any  other  county  or  counties  shall  be 
liable  for  a just  proportion  of  the  existing  debts  and  liabilities 
of  the  county  or  counties  from  which  such  territory  shall  be 
taken : Provided,  That  in  such  accounting  'neither  county  shall 

be  charged  with  the  debt  or  liabilities  then  existing  incurred  in 
the  purchase  of  any  county  property  or  in  the  purchase  or  con- 
struction of  any  county  buildings  then  in  use  or  under  construc- 
tion which  shall  fall  within  and  be  retained  by  the  county:  Pro- 
vided further.  That  this  shall  not  be  construed  to  affect  the 
rights  of  creditors. 

Sec.  4.  The  Legislature  shall  establish  a system  of  county 
government  which  shall  be  uniform  throughout  the  Stat^  and 
by  general  laws  shall  provide  for  township  organization  under 
which  any  county  may  organize  whenever  a majority  of  the 
qualified  electors  of  such  county  voting  at  the  general  election 
shall  so  determine,  and  whenever  a county  shall  adopt  township 


CONSTITUTION  OF  WASHINGTON. 


631 


organization  the  assessments  and  collection  of  the  revenue  shall 
be  made,  and  the  business  of  such  county,  and  the  local  affairs 
of  the  several  towushiijs  therein,  shall  be  managed  and  trans- 
acted in  the  manner  prescribed  by  such  general  law. 

Sec.  5.  The  Legislature,  by  general  and  uniform  laws,  shall 
provide  for  the  election  in  the  several  counties  of  boards  of 
county  commissioners,  sheriffs,  county  clerks,  treasurers,  prose- 
cuting attorneys,  and  other  county,  township  or  precinct,  and 
district  officers  as  public  convenience  may  require,  and  shall 
prescribe  their  duties,  and  fix  their  terms  of  office.  It  shall  regu- 
late the  compensation  of  all  such  officers,  in  proportion  to  their 
duties,  and  for  that  purpose  may  classify  the  counties  b}"  popula- 
tion. And  it  shall  provide  for  the  strict  accountability  of  such 
officers  for  all  fees  which  may  be  collected  by  them,  and  for  all 
public  moneys  which  may  be  paid  to  them,  or  officially  come  into 
their  possession. 

Sec.  0.  The  board  of  county  commissioners  in  each  county 
shall  fill  all  vacancies  occurring  in  any  county,  township,  precinct 
or  road  district  office  of  such  county  by  appointment,  and  officers 
thus  appointed  shall  hold  office  till  the  next  general  election,  and 
until  their  successors  are  elected  and  qualilied. 

Sec.  7.  No  county  officer  shall  be  eligible  to  hold  his  office  more 
than  two  terms  in  succession. 

Sec.  8.  The  Legislature  shall  fix  the  com])ensation  by  salaries 
of  all  county  officers,  and  of  constables  in  cities  having  a popula- 
tion of  5,000  and  upwards;  except  tliat  public  administrators, 
sun^eyors  and  coroners  may  or  may  not  be  salaried  officers.  The 
salary  of  any  county,  city,  town  or  municipal  officer  shall  not  be 
increased  or  diminished  after  his  election,  or  during  his  term  of 
office;  nor  shall  the  term  of  any  such  officer  be  extended  beyond 
the  period  for  which  he  is  elected  or  appointed. 

Sec.  9.  No  county,  nor  the  inhabitants  thereof,  nor  the  pro^p- 
erty  therein,  shall  be  released  or  discharged  from  its  or  their  pro- 
portionate share  of  taxes  to  be  levied  for  State  purposes,  nor  shall 
commutation  for  such  taxes  be  authorized  in  any  form  whatever. 

Sec.  10.  Corporations  for  municipal  purposes  shall  not  be 
created  by  special  laws;  but  the  Legislature,  by  general  laws, 
shall  provide  for  the  incorporation,  organization  and  classification 
in  proportion  to  population,  of  cities  and  towns,  Avhich  laws  may 
be  altered,  amended  or  repealed.  Cities  and  towns  heretofore 


032 


CONSTITUTION  OF  WASHINGTON. 


organized  or  incorporated,  may  become  organized  under  such 
general  laws  whenever  a majority  of  the  electors  voting  at  a gen- 
eral election  shall  so  determine,  and  shall  organize  in  conformity 
therewith;  and  cities  or  towns  heretofore  or  hereafter  organized, 
and  all  charters  thereof  framed  or  adopted  by  authority  of  this 
Constitution,  shall  be  subject  to,  and  controlled  by  general  laws. 
Any  city  containing  a population  of  twenty  thousand  inhabitants, 
or  more,  shall  be  permitted  to  frame  a charter  for  its  own  govern- 
ment, consistent  with  and  subject  to  the  Constitution  and  laws 
of  this  State,  and  for  such  purpose  the  legislative  authority  of 
such  city  may  cause  an  election  to  be  had,  at  w^hich  election  there 
shall  be  chosen  b}'  the  qualified  electors  of  said  city  fifteen  free- 
holders thereof,  who  shall  have  been  residents  of  said  city  for  a 
period  of  at  least  two  years  preceding  their  election  and  qualified 
electors,  whose  duty  it  shall  be  to  convene  within  ten  days  after 
their  election  and  prepare  and  propose  a charter  for  such  city. 
Such  proposed  charter  shall  be  submitted  to  the  qualified  elec- 
tors of  said  city,  and  if  a majority  of  such  qualified  electors  voting 
thereon  ratify  the  same,  it  shall  become  the  charter  of  said  city, 
and  shall  become  the  organic  law  thereof,  and  supersede  any 
existing  charter,  including  amendments  thereto,  and  all  special 
laws  inconsistent  with  such  charter.  Said  proposed  charter  shall 
be  published  in  two  daily  newspapers  published  in  said  city,  for  at 
least  thirty  days  prior  to  the  day  of  submitting  the  same  to  the 
electors  for  their  approval,  as  above  provided.  All  elections  in 
this  section  authorized  shall  only  be  had  upon  notice,  which  notice 
shall  specify  the  object  of  calling  such  election,  and  shall  be  given 
for  at  least  ten  days  before  the  day  of  election,  in  all  election  dis- 
tricts of  said  city.  Said  elections  may  be  general  or  special  elec- 
tions, and,  except  as  herein  provided,  shall  be  governed  by  the 
law  regulating  and  controlling  general  or  special  elections  in 
said  city.  Such  charter  may  be  amended  by  proposals  therefor 
submitted  by  the  legislative  authority  of  such  city  to  the  electors 
thereof  at  any  general  election  after  notice  of  said  submission, 
published  as  above  specified,  and  ratified  by  a majority  of  the 
qualified  electors  voting  thereon.  In  submitting  any  such  char- 
ter, or  amendment  thereto,  any  alternate  article  or  proposition 
may  be  presented  for  the  choice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  others. 

Sec.  11.  Any  county,  city,  town  or  township  may  make  and 
enforce  within  its  limits  all  such  local  police*  sanitary  and  other 
regulations  as  are  not  in  conflict  with  general  laws. 


CONSTITUTION  OF  WASHINGTON. 


633 


Sec.  12.  The  Legislature  shall  have  no  power  to  impose  taxes 
upon  counties,  cities,  toAvns  or  other  municipal  corporations,  or 
upon  the  inhabitants  or  property  thereof,  for  county,  city,  town  or 
other  municipal  pnrposes,  but  nia}',  b}'  general  laws,  vest  in  the 
corporate  authorities  thereof  the  power  to  assess  and  collect  taxes 
for  such  purposes. 

Sec.  13.  PrHate  property  shall  not  be  taken  or  sold  for  the 
payment  of  the  corporate  debt  of  any  public  or  municipal  cor- 
poration, except  in  the  mode  provided  bt^  law  for  the  levy  and 
collection  of  taxes. 

Sec.  14.  The  making  of  proht  out  of  county,  city,  town  or 
other  public  money,  or  using  the  same  for  any  purpose  not  author- 
ized by  law,  by  any  officer  having  the  possession  or  control 
thereof,  shall  be  a felony,  and  shall  be  prosecuted  and  punished 
as  prescribed  by  law. 

Sec.  15.  All  moneys,  assessments  and  taxes  belonging  to  or 
collected  for  the  use  of  any  county,  city,  town  or  other  public  or 
municipal  corporation,  coming  into  the  hands  of  any  officer 
thereof,  shall  immediately  be  deposited  with  the  treasurer,  or 
other  legal  depositary,  to  the  credit  of  such  city,  town  or  other 
corporation  respective^,  for  the  benefit  of  the  funds  to  which 
thev  belong. 

ARTICLE  XII. 

Corporations  other  than  Municipal. 

Section  1.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  acts.  All  laws  relating  to 
corporations  may  be  altered,  amended  or  repealed  by  the  Legis- 
lature at  any  time,  and  all  corporations  doing  business  in  this 
State  may,  as  to  such  business,  be  regulated,  limited  or  restrained 
by  law. 

Sec.  2.  All  existing  charters,  franchises,  special  or  exclusive 
privileges,  under  which  an  actual  and  bona  fide  organization  shall 
not  have  taken  place,  and  business  been  commenced  in  good  faith, 
at  the  time  of  the  adoption  of  this  Constitution,  siiall  thereafter 
have  no  validit3\ 

Sec.  3.  The  Legislature  sliall  not  extend  any  franchise  or 
charter,  nor  remit  the  forfeiture  of  any  franchise  or  charter  of 
any  corporation  now  existing,  or  which  shall  hereafter  exist 
under  the  laws  of.  this  State. 


634 


CONSTITUTION  OF  WASHINGTON. 


Sec.  4.  Each  stockholder  in  all  incorporated  companies, 
except  corporations  organized  for  banking  or  insurance  purposes, 
shall  be  liable  for  the  debts  of  the  corporation  to  the  amount  of 
his  unpaid  stock  and  no  more,  and  one  or  more  of  the  stockholders 
may  be  joined  as  parties  defendant  in  suits  to  recover  upon  this 
liability. 

Sec.  5.  The  term  corporations,  as  used  in  this  article,  shall 
be  construed  to  include  all  associations  and  joint  stock  companies 
having  any  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships,  and  all  corporations  shall  have  the 
right  to  sue  and  shall  be  subject  to  be  sued,  in  all  courts,  in  like 
cases  as  natural  persons. 

Sec.  6.  Corporations  shall  not  issue  stock,  except  to  bona  fide 
subscribers  therefor,  or  their  assignee;  nor  shall  any  corporation 
issue  any  bond,  or  other  obligation,  for  the  payment  of  money, 
except  for  money  or  property  received  or  labor  done.  The  stock 
of  corporations  shall  not  be  increased,  except  in  pursuance  of  a 
general  law,  nor  shall  any  law  authorize  the  increase  of  stock, 
without  the  consent  of  the  person  or  persons  holding  the  larger 
amount  in  value  of  the  stock,  nor  without  due  notice  of  the  pro- 
posed increase  having  been  previously  given  in  such  manner  as 
may  be  prescribed  by  law.  All  fictitious  increase  of  stock  or 
indebtedness  shall  be  void. 

Sec.  7.  No  corporation  organized  outside  the  limits  of  this 
State  shall  be  allowed  to  transact  business  within  the  State  on 
more  favorable  conditions  than  are  prescribed  by  law  to  similar 
corporations  organized  under  the  laws  of  this  State. 

Sec.  8.  No  corporation  shall  lease  or  alienate  any  franchise, 
so  as  to  i'(4ieve  the  franchise  or  property  held  thereunder  from  the 
liabilities  of  the  lessor,  or  grantor,  lessee,  or  grantee,  contracted 
or  incurred  in  operation,  use  or  enjoyment  of  such  franchise  or 
any  of  its  privileges. 

Sec.  1).  The  State  shall  not  in  any  manner  loan  its  credit,  nor 
shall  it  subscribe  to,  or  be  interested  in  the  stock  of  any  company, 
association  or  corporation. 

S(‘c.  10.  The  exercise  of  the  right  of  emimmt  domain  shall 
never  be  so  abridged  or  construed  as  to  prevent  the  Legislature 
from  laking  the  property  and  franchises  of  incorporated  com- 
panies, and  subjecting  them  to  public  use  the  same  as  the  property 
of  individuals. 


CONSTITUTION  OF  WASHINGTON. 


GS5 


Sec.  11.  No  corporation,  association  or  individual  shall  issue 
or  put  in  circulation  as  monej^  anything  hut  the  lawful  money  of 
the  United  States.  Each  stockholder  of  any  banking  or  insur- 
ance corporation  or  joint-stock  association  shall  be  individually 
and  personally  liable  equally  and  ratably,  and  not  one  for  another, 
for  all  contracts,  debts  and  engagements  of  such  corporation  or 
association  accruing  while  they  remain  such  stockholders  to  the 
extent  of  the  amount  of  their  stock  therein  at  the  par  value 
thereof,  in  addition  to  the  amount  invested  in  such  shares. 

Sec.  12.  Any  president,  director,  manager,  cashier,  or  other 
officer  of  any  banking  institution  who  shall  receive  or  assent  to 
the  reception  of  deposits  after  he  shall  - have  knowledge  of  the 
fact  that  such  banking  institution  is  insolvent  or  in  failing  cir- 
cumstances, shall  be  individually  responsible  for  such  dei)osits  so 
received. 

Sec.  13.  All  railroad,  canal  and  other  transportation  com- 
panies are  declared  to  be  common  carriers  and  subject  to  legisla- 
tive control.  Any  association  or  corporation  organized  for  the 
purpose,  under  the  laws  of  this  State,  shall  have  the  right  to  con- 
nect at  the  State  line  with  railroads  of  other  States.  Every  rail- 
road company  shall  have  the  right  Avith  its  road,  Avhether  the  same 
be  noAv  constructed  or  may  hereafter  be  constructed,  to  intersect, 
cross  or  connect  with  any  other  railroad,  and  Avhen  such  rail- 
roads are  of  the  same  or  similar  gauge  they  shall  at  all  crossings, 
and  at  all  points  where  a railroad  shall  begin  or  terminate  at  or 
near  any  other  railroad,  form  proper  connections  so  that  the  cars 
of  any  such  railroad  companies  may  be  speedily  transferred  from 
one  railroad  to  another.  All  railroad  companies  shall  receive 
and  transport  each  the  other’s  passengers,  tonnage  and  cars  with- 
out delay  or  discrimination. 

Sec.  14.  No  railroad  company,  or  other  common  carrier,  shall 
combine  or  make  any  contract  Avith  the  OAvners  of  any  A^essel  that 
leaves  port  or  makes  port  in  this  State,  or  Avith  any  common  car- 
rier, by  which  combination  or  contract  the  earnings  of  one  doing 
the  carrying  are  to  be  shared  by  the  other  not  doing  the  carrying. 

Sec.  15.  No  discrimination  in  charges  or  facilities  for  trans- 
portation shall  be  made  by  any  railroad  or  other  transportation 
company  betAveen  places  or  persons,  or  in  the  facilities  for  the 
transportation  of  the  same  classes  of  freight  or  passengers  Avithin 
the  State,  or  coming  from  or  going  to  any  other  State.  Persons- 


636 


CONSTITUTION  OF  WASHINGTON. 


aud  property  transported  over  any  railroad,  or  by  any  other  trans- 
portation company,  or  individual,  shall  be  delivered  at  any  sta- 
tion, landing  or  port,  at  charges  not  exceeding  the  charges  for 
the  transportation  of  persons  and  property  of  the  same  class,  in 
the  same  direction,  to  any  more  distant  station,  port  or  landing. 
Excursion  and  commntation  tickets  may  be  issued  at  special 
rates. 

Sec.  16.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation  own- 
ing a competing  line. 

Sec.  17.  The  rolling  stock  and  other  movable  property  belong- 
ing to  any  railroad  company  or  corporation  in  this  State,  shall  be 
considered  personal  property,  and  shall  be  liable  to  taxation  and 
to  execution  and  sale  in  the  same  manner  as  the  personal  prop- 
erty of  individuals,  aud  such  property"  shall  not  be  exempted  from 
execution  and  sale. 

Sec.  IS.  The  Legislature  shall  pass  laws  establishing  reason- 
able maximum  rates  of  charges  for  the  transportation  of  passen- 
gers and  freight,  and  to  correct  abuses  and  to  prevent  discrimina- 
thju  and  extortion  in  the  rates  of  freight  and  passenger  tariffs  on 
the  different  railroads  and  other  common  carriers  in  the  State, 
and  shall  enforce  such  laws  by  adequate  penalties.  A railroad  and 
transportation  commission  may  be  established,  and  its  powers 
and  duties  fully  defined  by  law. 

Sec.  19.  Any  association  or  corporation,  or  the  lessees  or  man- 
agers thereof,  organized  for  the  purpose,  or  any  individual,  shall 
have  the  right  to  construct  and  maintain  lines  of  telegraph  and 
Telephone  within  this  State,  and  said  companies  shall  receive 
and  transmit  eacli  other’s  messages  without  delay  or  discrimina- 
tion and  all  of  such  companies  are  hereby  declared  to  be  common 
carriers  and  subject  to  legislative  control.  Railroad  corporations 
organized  or  doing  business  in  this  State  shall  allow  telegraph 
and  telephone  corporations  and  companies  to  construct  and  main- 
tain telegraph  lines  on  and  along  the  rights-of-way  of  such  rail- 
roads and  railroad  companies,  and  no  railroad  corporation  organ- 
ized or  doing  business  in  this  State  shall  allow  any  telegraph 
corporation  or  company  any  facilities,  privileges  or  rates  for  trans- 
portation of  men  or  material  or  for  repairing  their  lines  not 
allowed  to  all  telegraph  companies.  The  right  of  eminent  domain 
is  hereby  extended  to  all  telegraph  and  telephone  companies.  The 


CONSTITUTION  OF  WASHINGTON. 


637 


Legislature  shall,  by  general  law  of  uniform  operation,  provide 
reasonable  regulations  to  give  effect  to  this  section. 

Sec.  20.  No  railroad  or  other  transportation  company  shall 
grant  free  passes  or  sell  tickets  or  passes  at  a discount,  other 
than  as  sold  to  the  public  generally,  to  any  member  of  the  Legisla- 
ture, or  to  any  person  holding  any  public  office  within  this  State. 
The  Legislature  shall  pass  laws  to  carry  this  provision  into  effect. 

Sec.  21.  Kailroad  companies  now  or  hereafter  organized  or 
doing  business  in  this  State  shall  allow  all  express  companies 
organized  or  doing  business  in  this  State,  transportation  over  all 
lines  of  railroad  owned  or  operated  by  such  railroad  companies 
upon  equal  terms  with  any  other  express  company,  and  no  rail- 
road corporation  organized  or  doing  business  in  this  State  shall 
allow  any  express  corporation  or  company  any  facilities,  privi- 
leges or  rates  for  transportation  of  men  or  materials  or  property 
carried  by  them  or  for  doing  the  business  of  such  express  com- 
panies not  allowed  to  all  express  companies. 

Sec.  22.  Monopolies  and  trusts  shall  never  be  allowed  in  this 
State,  and  no  incorporated  company,  copartnership  or  association 
of  persons  in  this  State  shall  directly  or  indirectly  combine  or 
make  any  contract  with  any  other  incorporated  company,  for- 
eign or  domestic,  through  their  stockholders,  or  the  trustees  or 
assignees  of  such  stockholders,  or  with  any  copartnership  or  asso- 
ciation of  persons,  or  in  any  manner  whatever  for  the  purpose  of 
fixing  the  price  or  limiting  the  production  or  regulating  the  trans- 
portation of  any  product  or  commodity.  The  Legislature  shall 
pass  laws  for  the  enforcement  of  this  section  by  adequate  penal- 
ties, and  in  case  of  incorporated  companies,  if  necessary  for  that 
purpose,  may  declare  a forfeiture  of  their  franchises. 

AKTICLE  XIII. 

State  Institutions. 

Section  1.  Educational,  reformatory  and  penal  institutions; 
those  for  the  benefit  of  blind,  deaf»  dumb  or  otherwise  defective 
youth;  for  the  insane  or  idiotic;  and  such  other  institutions  as 
the  public  good  may  require,  shall  be  fostered  and  supported  by 
the  State,  subject  to  such  regulations  as  may  be  provided  by  law. 
The  regents,  trustees  or  commissioners  of  all  such  institutions 
existing  at  the  time  of  the  adoption  of  this  Constitution,  and  of 
such  as  shall  thereafter  be  established  by  law,  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Sen- 


638 


CONSTITUTION  OF  WASHINGTON. 


ate;  and  upon  all  nominations  made  by  the  Governor,  the  ques- 
tion shall  be  taken  by  the  ayes  and  noes,  and  entered  upon  the 
journal. 

AKTICLE  XIV. 

Seat  of  Government. 

Section  1.  The  Legislature  shall  have  no  power  to  change, 
or  to  locate  the  seat  of  government  of  this  State;  but  the  ques- 
tion of  the  permanent  location  of  the  seat  of  government  of  the 
State  shall  be  submitted  to  the  qualified  electors  of  the  territory 
at  the  election  to  be  held  for  the  adoption  of  this  Constitution. 
A majority  of  all  the  votes  cast  at  said  election,  upon  said  ques- 
tion shall  be  necessary  to  determine  the  permanent  location  of  the 
seat  of  government  for  the  State;  and  no  place  shall  ever  be  the 
seat  of  government  which  shall  not  receive  a majority  of  the  votes 
cast  on  that  matter.  In  case  there  shall  be  no  choice  of  location 
at  said  first  election,  the  Legislature  shall,  at  its  first  regular 
session  after  the  adoption  of  this  Constitution,  provide  for  sub- 
mitting to  the  qualified  electors  of  the  State,  at  the  next  succeed- 
ing general  election  thereafter,  the  question  of  choice  of  location 
between  the  three  places  for  which  the  highest  number  of  votes 
shall  have  been  cast  at  the  said  first  election.  Said  Legislature 
shall  proGde,  further,  that  in  case  there  shall  be  no  choice  of  loca- 
tion at  said  second  election-  the  question  of  choice  between  the 
tAvo  places  for  which  the  highest  number  of  votes  shall  have  been 
cast,  shall  be  submitted  in  like  manner  to  the  qualified  electors 
of  the  State  at  the  next  ensuing  general  election:  ProAuded,  that 
until  the  seat  of  goA^ernment  shall  liaA^e  been  permanently  located 
as  herein  provided,  the  temporary  location  shall  remain  at  the 
city  of  Olympia. 

Sec.  2.  When  the  seat  of  goA^ernment  shall  liaA^e  been  located 
ns  herein  provided,  the  location  thereof  shall  not  thereafter  be 
changed  except  l)y  a A'ote  of  tAvo-thirds  of  all  the  qualified  elec- 
tors of  the  Slate  A'ofing  on  that  question,  at  a general  election,  at 
Avhich  the  question  of  location  of  the  seat  of  government  shall 
haA*e  been  sul)inif  ted  by  tlie  Legislature. 

Sec.  3.  The  Legislature  shall  make  no  appropriations  or 
expenditures  for  capitol  buildings  or  grounds,  except  to  keep  the 
territorial  capitol  buildings  and  grounds  in  repair,  and  for  mak- 
ing all  necessary  additions  thereto,  until  the  seat  of  goA^ernment 
shall  haA^e  been  permanently  located,  and  the  public  buildings 
are  erected  at  the  permanent  capital  in  pursuance  of  law. 


CONSTITUTION  OF  WASHINGTON, 


639 


ARTICLE  XV. 

Harbors  and  Tide  Waters. 

Section  1.  The  Legislature  shall  provide  for  the  appointment 
of  a commission,  whose  duty  it  shall  be  to  locate  and  establish 
harbor  lines  in  the  navigable  waters  of  all  harbors,  estuaries, 
bays  and  inlets  of  this  State,  wherever  such  navigable  waters  lie 
within  or  in  front  of  the  corporate  limits  of  any  city  or  within 
one  mile  thereof  upon  either  side.  The  State  shall  never  give,  sell 
or  lease  to  any  private  person,,  corporation  or  association  any 
rights  whatever  in  the  waters  beyond  such  harbor  lines,  nor  shall 
any  of  the  area  lying  between  any  harbor  line  and  the  line  of  ordi- 
nary high  tide,  and  within  not  less  than  fifty  feet  nor  more  than 
six  hundred  feet  of  such  harbor  line  (as  the  commission  shall 
determine)  be  sold  or  granted  by  the  State*  nor  its  rights  to  control 
the  same  relinquished,  but  such  area  shall  be  forever  reserved 
for  landings,  wharves,  streets  and  other  conveniences  of  naviga- 
tion and  commerce. 

Sec.  2.  The  Legislature  shall  provide  general-  laws  for  the 
(easing  of  the  right  to  build  ^nd  maintain  wharves,  docks  and 
other  structures,  upon  the  areas  mentioned  in  section  1 of  this 
article,  but  no  lease  shall  be  made  for  any  term  longer  than  thirty 
years,  or  the  Legislature  may  provide  by  general  laws  for  the 
building  and  maintaining  upon  such  area  wharves,  docks  and 
other  structures.  ' ' 1 ‘ I 

Sec.  3.  Municipal  corporations  shall  have  the  right  to  extend 
their  streets  over  intervening  tide  lands  to  and  across  the  area 
reserved  as  herein  provided. 

ARTICLE  XVI.  ’ 

School  and  Granted  Lands. 

Section  1.  All  the  public  lands  granted  to  the  State  are  held 
in  trust  for  all  the  people,  and  none  of  such  lands  nor  any  estate 
or  interest  therein,  shall  ever  be  disposed  of  unless  the  full  mar- 
ket value  of  the  estate  or  interests  disposed  of,  to  be  ascertained 
in  such  manner  as  may  be  provided  by  law,  be  paid  or  safely 
secured  to  the  State;  nor  shall  any  lands  which  the  State  holds 
by  grant  from  the  United  States  (in  any  case  in  which  the  man- 
ner of  disposal  and  minimum  price  are  so  prescribed)  be  disposed 
of  except  in  the  manner  and  for  at  least  the  price  prescribed  in  the 
grant  thereof,  without  the  consent  of  the  United  States. 


G40 


CONSTITUTION  OF  WASHINGTON. 


Sec.  2.  None  of  the  lands  granted  to  the  State  for  educational 
purposes  shall  he  sold  otherwise  than  at  public  auction  to  the 
highest  bidder;  the  value  thereof,  less  the  improvements,  shall^ 
before  any  sale,  be  appraised  by  a board  of  appraisers,  to  be  pro- 
vided by  law.  The  terms  of  payment  also  to  be  prescribed  by  law* 
and  no  sale  shall  be  valid  unless  the  sum  bid  be  equal  to  the 
appraised  value  of  said  land.  In  estimating  the  value  of  such 
lands  for  disposal,  the  value  of  improvements  thereon  shall  be 
excluded:  Provided,  that  the  sale  of  all  school  and  university 

lands  heretofore  made  by  the  commissioners  of  any  county  or  the 
university  commissioners,  wlien  the  purchase-price  has  been  paid 
in  good  faith,  may  be  confirmed  by  the  Legislature. 

Sec.  3.  No  more  than  one-fourth  of  the  land  granted  to  the 
State  for  educational  purposes  shall  be  sold  prior  to  January  1,. 
1895,  and  not  more  than  one-half  prior  to  January  1,  1905:  Pro- 
vided, that  nothing  herein  shall  be  so  construed  as  to  prevent 
the  State  from  selling  the  timber  or  stone  off  of  any  of  the  State 
lands  in  such  manner  and  on  such  terms  as  may  be  prescribed  by 
law:  And,  provided  further,  that  no  sale  of  timber  lands  shall 

be  valid  unless  the  full  value  of  such  lands  is  paid  or  secured  to 
the  State. 

Sec.  4.  No  more  than  one  hundred  and  sixty  (160)  acres  of 
any  granted  lands  of  the  State  shall  be  offered  for  sale  in  one 
parcel,  and  all  lands  within  the  limits  of  any  incorporated  city 
or  within  two  miles  of  the  boundary  of  any  incorporated  city^ 
where  the  valuation  of  such  lands  shall  be  found  by  appraisement 
to  exceed  one  hundred  dollars  (flOO)  per  acre  shall,  before  the 
same  be  sold,  be  platted  into  lots  and  blocks  of  not  more  than 
five  acres  in  a block,  and  not,  more  than  one  block  shall  be  offered 
for  sale  in  one  parcel. 

Sec.  5.  None  of  the  permanent  school  fund  shall  ever  be  loaned 
to  private  peroons  or  corporations,  but  it  may  be  invested  in 
national.  State,  county  or  municipal  bonds. 


ARTICLE  XVn. 

Tide  Lands. 

Section  1.  The  State  of  Washington  asserts  its  ownership  to 
the  beds  and  shores  of  all  navigable  waters  in  the  State  up  to  and 
including  the  line  of  ordinary  high  tide  in  waters  where  the  tide 
ebbs  and  flows*  and  up  to  and  including  the  line  of  ordinary  high 
water  within  the  banks  of  all  navigable  rivers  and  lakes:  Pro- 


CONSTITUTION  OF  WASIIINCxTON. 


641 


vided,  that  this  section  shall  not  be  construed  so  as  to  debar 
any  person  from  asserting  his  claim  to  vested  rights  in  the  courts 
of  the  State. 

Sec.  2.  The  State  of  Washington  disclaims  all  title  in  and 
claim  to  all  tide,  swamp  and  overflowed  lands,  patented  by  the 
United  States:  Provided,  the  same  is  not  impeached  for  fraud. 

ARTICLE  XVIII. 

State  Seal. 

Section  1.  The  seal  of  the  State  of  W^ashiugton  shall  be  a seal 
encircled  with  the  words:  “The  Seal  of  the  State  of  Washing- 
ton,” with  the  vignette  of  General  George  Washington  as  the 
central  figure,  and  beneath  the  vignette  the  figures  “ 1889.” 

ARTICLE  XIX. 

Exemptions. 

Section  1.  The  Legislature  shall  protect  by  law  from  forced 
sale  a certain  portion  of  the  homesteads  and  other  property  of  all 
heads  of  families. 

ARTICLE  XX. 

Puhlic  Health  and  Vital  Statistics. 

Section  1.  There  shall  be  established  by  law  a State  Board  of 
Health  and  a Bureau  of  Vital  Statistics  in  connection  therewith, 
with  such  powers  as  the  Legislature  may  direct. 

Sec.  2.  The  Legislature  shall  enact  laws  to  regulate  the  prac- 
tice of  medicine  and  surgery,  and  the  sale  of  drugs  and  medicines. 

ARTICLE  XXI. 

Water  and  Water  Rights. 

Section  1.  The  use  of  the  waters  of  this  State  for  irrigation, 
mining  and  manufacturing  purposes  shall  be  deemed  a public 
use. 

ARTICLE  XXII. 

Legislative  Apportionment. 

Section  1.  Until  otherwise  provided  by  law,  the  State  shall 
be  divided  into  twenty-four  (24)  senatorial  districts,  and  said  dis- 
tricts shall  be  constituted  and  numbered  as  follows : The  counties 
of  Stevens  and  Spokane  shall  constitute  the  first  district,  and  be 
entitled  to  one  Senator;  the  county  of  Spokane  shall  constitute 
the  second  district,  and  be  entitled  to  three  Senators;  the  county 
41 


642 


CONSTITUTION  OF  WASHINOTON. 


of  Lincoln  shall  constitute  the  third  district,  and  be  entitled  to 
one  Senator;  the  counties  of  Okanogan,  Lincoln,  Adams  and 
Franklin  shall  constitute  the  fourth  district,  and  be  entitled  to 
one  Senator;  the  county  of  Whitman  shall  constitute  the  fifth 
district,  and  be  entitled  to  three  Senators;  the  counties  of  Gar- 
field and  Asotin  shall  constitute  the  sixth  districts  and  be  entitled 
to  one  Senator;  the  county  of  Columbia  shall  constitute  the  sev- 
enth district,  and  be  entitled  to  one  Senator;  the  county  of  Walla 
Walla  shall  constitute  the  eighth  district,  and  be  entitled  to 
two  Senators;  the  counties  of  Yakima  and  Douglas  shall  consti- 
tute the  ninth  district,  and  be  entitled  to  one  Senator ; the  county 
of  Kittitas  shall  constitute  the  tenth  district,  and  be  entitled  to 
one  Senator;  the  counties  of  Klickitat  and  Skaifiania  shall  con- 
stitute the  eleventh  district,  and  be  entitled  to  one  Senator;  the 
county  of  Clarke  shall  constitute  the  twelfth  district,  and  be 
entitled  to  one  Senator;  the  county  of  Cowlitz  shall  constitute 
the  thirteenth  district,  and  be  entitled  to  one  Senator;  the  county 
of  Lewis  shall  constitute  the  fourteenth  district,  and  be  entitled 
to  one  Senator;  the  counties  of  Pacific  and  Wahkiakum  shall 
constitute  the  fifteenth  district,  and  be  entitled  to  one  Senator; 
the  county  of  Thurston  shall  constitute  the  sixteenth  district,  and 
be  entitled  to  one  Senator;  the  county  of  Chehalis  shall  constitute 
the  seventeenth  district,  and  be  entitled  to  one  Senator;  the 
county  of  Pierce  shall  constitute  the  eighteenth  district,  and  be 
entitled  to  three  Senators;  the  county  of  King  shall  constitute 
the  nineteenth  district,  and  be  entitled  to  five  Senators;  the  coun- 
ties of  Mason  and  Kitsap  shall  constitute  the  twentieth  district, 
and  be  entitled  to  one  Senator;  the  counties  of  Jefferson,  Clallam 
and  San  Juan  shall  constitute  the  twenty-first  district,  and  be 
entitled  to  onb  Senator;  the  county  of  Snohomish  shall  constitute 
the  twenty-second  district,  and  shall  be  entitled  to  one  Senator; 
the  counties  of  Skagit  and  Island  shall  constitute  the  twenty-third 
district,  and  be  entitled  to  one  Senator;  the  county  of  Whatcom 
shall  constitute  the  twenty-fourth  districts  and  be  entitled  to  one 
Senator. 

Sec.  2.  Until  otherwise  provided  by  law  the  Kepresentatives 
shall  be  divided  among  the  several  counties  of  the  State  in  the 
following  manner:  The  county  of  Adams  shall  have  one  Repre- 
sentative; the  county  of  Asotin  shall  have  one  Representative; 
the  county  of  Chehalis  shall  have  two  Representatives;  the  county 
of  Clarke  shall  have  three  Representatives;  the  county  of  Clallam 


CONSTITUTION  OF  WASHINGTON. 


643 


shall  have  one  Kepresentative;  the  county  of  Columbia  shall  have 
tv'O  Representatives;  the  county  of  Cowlitz  shall  have  one  Repre- 
sentative; the  county  of  Douglas  shall  have  one  Representative; 
the  county  of  Franklin  shall  have  one  Representative;  the  county 
of  Garfield  shall  have  one  Representative;  the  county  of  Island 
shall  have  one  Representative;  the  county  of  Jefferson  shall  have 
two  Representatives ; the  county  of  King  shall  have  eight  Repre- 
sentatives; the  county  of  Klickitat  shall  have  two  Representa- 
tives; the  county  of  Kittitas  shall  have  two  Representatives ; the 
county  of  Kitsap  shall  have  one  Representative;  the  county  of 
Lewis  shall  have  two  Representatives;  the  county  of  Lincoln  shall 
have  two  Representatives ; the  county  of  Mason  shall  have  one 
Representative ; the  county  of  Okanogan  shall  have  one  Representa- 
tive; the  county  of  Pacific  shall  have  one  Representative;  the 
county  of  Pierce  shall  have  six  Representatives;  the  county  of 
San  Juan  shall  have  one  Representative;  the  county  of  Skamania 
shall  have  one  Representative;  the  county  of  Snohomish  shall 
have  two  Representatives;  the  county  of  Skagit  shall  have  two 
Representatives;  the  county  of.  Spokane  shall  have  six  Repre- 
sentatives; the  county  of  Stevens  shall  have  one  Representative; 
the  county  of  Thurston  shall  have  two  Representatives;  the  county 
of  Walla  Walla  shall  have  three  Representatives;  the  county  of 
Wahkiakum  shall  have  one  Representative;  the  county  of  What- 
com shaU  have  two  Representatives;  the  county  of  Whitman 
shall  have  five  Representatives;  the  county  of  Yakima  shall  have 
one  Representative. 

ARTICLE  XXIII. 

Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  branch  of  the  Legislature;  and  if 
the  same  shall  be  agreed  to  by  two-thirds  of  the  members  elected 
to  each  of  the  two  houses,  such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  journals,  with  the  aj^es  and  noes 
thereon,  and  be  submitted  to  the  qualified  electors  of  the  State 
for  their  approval,  at  the  next  general  election;  and  if  the  people 
approve  and  ratify  such  amendment  or  amendments,  by  a 
majority  of  the  electors  voting  ^ thereon,  the  same  shall 
become  part  of  this  Constitution,  and  proclamation  thereof 
shall  be  made  by  the  Governor:  Provided,  that  if  more 
than  one  amendment  be  submitted,  they  shall  be  submitted 


644 


CONSTITUTION  OF  WASHINGTON. 


in  such  a manner  that  the  people  may  vote  for  or  against 
such  amendments  separately.  The  Legislature  shall  also 
cause  the  amendments  that  are  to  he  submitted  to  the  people  to 
be  published  for  at  least  three  months  next  preceding  the  election, 
in  some  weekly  newspaper,  in  every  county  where  a newspaper  is 
published  throughout  the  State. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  deem  it  necessary  to  call  a con- 
vention to  revise  or  amend  this  Constitution,  they  shaU  recom- 
mend to  the  electors  to  vote  at  the  next  general  election  for  or 
against  a convention,  and  if  a majority  of  all  the  electors  voting 
at  said  election  shall  have  voted  for  a convention,  the  Legislature 
shall  at  the  next  session,  provide  by  law  for  calling  the  same; 
and  such  convention  shall  consist  of  a number  of  members  not 
less  than  that  of  the  most  numerous  branch  of  the  Legislature. 

Sec.  3.  Any  Constitution  adopted  by  such  convention  shall 
have  no  validity  until  it  has  been  submitted  to  and  adopted  by 
the  people.  * 

ARTICLE  XXIV. 

Boundaries. 

Section  1.  The  boundaries  of  the  State  of  Washington  shall 
be  as  follows:  Beginning  at  a point  in  the  Pacific  ocean  one 
marine  league  due  west  of  and  opposite  the  middle  of  the  mouth 
of  the  north  ship  channel  of  the  Columbia  river,  thence  running 
easterly  to  and  up  the  middle  channel  of  said  river  and  where  it 
is  divided  by  islands  up  the  middle  of  the  widest  channel  thereof 
to  where  the  forty-sixth  parallel  of  north  latitude  crosses  said 
river,  near  the  mouth  of  the  Walla  Walla  river;  thence  east  on 
said  forty-sixth  parallel  of  latitude  to  the  middle  of  the  main 
channel  of  the  Shoshone  or  Snake  river;  thence  follow  down  the 
middle  of  the  main  channel  of  Snake  river  to  a point  opposite  the 
mouth  of  the  Kooskooskia  or  Clear  Water  river;  thence  due  north 
to  the  forty-ninth  parallel  of  north  latitude;  thence  west  along 
said  forty-ninth  parallel'  of  north  latitude  to  the  middle  of  the 
channel  which  separates  VancouveFs  Island  from  the  continent, 
that  is  to  say,  to  a point  in  longitude  123  degrees,  nineteen  min- 
utes and  fifteen  seconds  west;  thence  following  the  boundary  line 
between  the  United  States  and  British  possessions  through  the 
channel  which  separates  VancouveFs  Island  from  the  continent 
to  the  termination  of  the  boundary  line  between  the  United  States 


CONSTITUTION  OF  WASHINGTON. 


645 


and  British  possessions  at  a point  in  the  Pacific  ocean  equi-dis- 
tant  between  Bonnilla  Point  on  Vancouver’s  Island  and  Tatoosh 
Island  lighthouse;  thence  running  in  a southerly  course  and 
parallel  with  the  coast  line,  keeping  one  marine  league  off  shore 
to  place  of  beginning. 

AETICLE  XXV. 

J urisdiction. 

Section  1.  The  consent  of  the  State  of  Washington  is  hereby 
given  to  the  exercise,  by  the  Congress  of  the  United  States,  of 
exclusive  legislation  in  all  cases  whatsoever  over  such  tracts  or 
parcels  of  land  as  are  now  held  or  reserved  by  the  government 
of  the  United  States  for  the  purpose  of  erecting  or  maintaining 
thereon  forts,  magazines,  arsenals,  dockyards,  lighthouses  and 
other  needful  buildings,  in  accordance  with  the  provisions  of  the 
seventeenth  paragraph  of  the  eighth  section  of  the  first  article  of 
the  Constitution  of  the  United  States,  so  long  as  the  same  shall 
be  so  held  and  reserved  by  the  United  States:  Provided,  that  a 
sufficient  description  of  metes  and  bounds,  and  an  accurate  plat 
or  map  of  each  such  tract  or  parcel  of  land  be  filed  in  the  proper 
office  of  record  in  the  county  in  which  the  same  is  situated, 

. together  with  copies  of  the  orders,  deeds,  patents  or  other  evi- 
dences in  writing  of  the  title  of  the  United  States:  And,  provided, 
that  all  civil  process  issued  from  the  courts  of  this  State,  and 
such  criminal  process  as  may  issue  under  the  authority  of  this 
State  against  any  person  charged  with  crime  in  cases  arising 
outside  of  such  reservations,  may  be  served  and  executed  thereon 
in  the  same  mode  and  manner,  and  by  the  same  officers,  as  if  the 
consent  herein  given  had  not  been  made. 

AETICLE  XXVI. 

Compact  with  the  United  States. 

The  following  ordinance  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  this  State: 

First  — That  perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  that  no  inhabitant  of  this  State  shall  ever  be 
molested  in  person  or  property  on  account  of  his  or  her  mode  of 
religious  worship. 

Second  — That  the  people  inhabiting  this  State  do  agree  and 
declare  that  they  foi’ever  disclaim  all  right  and  title  to  the  unap- 
propriated public  lands  lying  within  the  boundaries  of  this  State, 


646 


CONSTITUTION  OF  WASHINGTON. 


and  to  aU  lands  lying  within  said  limits  owned  or  held  by  any 
Indian  or  Indian  tribes;  and  that  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  States,  the  same  shall  be 
and  remain  subject  to  the  disposition  of  the  United  States,  and 
said  Indian  lands  shall  remain  under  the  absolute  jurisdiction 
and  control  of  the  Congress  of  the  United  States  and  that  the 
lands  belonging  to  citizens  of  the  United  States  residing  without 
the  limits  of  this  State  shall  never  be  taxed  at  a higher  rate  than 
the  lands  belonging  to  residents  thereof;  and  that  no  taxes  shall 
be  imposed  by  the  State  on  lands  or  property  therein,  belonging 
to  or  which  may  be  hereafter  purchased  by  the  United  States  or 
reserved  for  use:  Provided,  that  nothing  in  this  ordinance  shaU 
preclude  the  State  from  taxing  as  other  lands  are  taxed  any  lands 
owned  or  held  by  any  Indian  who  has  severed  his  tribal  relations, 
and  has  obtained  from  the  United  States  or  from  any  person  a 
title  thereto  by  patent  or  other  grant,  save  and  except  such  lands 
as  have  been  or  may  be  granted  to  any  Indian  or  Indians  under 
any  act  of  Congress  containing  a provision  exempting  the  lands 
thus  granted  from  taxation,  which  exemption  shall  continue  so 
long  and  to  such  an  extent  as  such  act  of  Congress  may  prescribe. 

Third — ^The  debts  and  liabilities  of  the  Territory  of  Washing- 
ton, and  payment  of  the  same,  are  hereby  assumed  by  this  State. 

Fourth  — Provision  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools  free  from  sectarian  con- 
trol which  shall  be  open  to  all  the  children  of  said  State. 

AKTICLE  XXVII. 

Schedule. 

In  order  that  no  inconvenience  may  arise  by  reason  of  a change 
from  a territorial  to  a State  government,  it  is  hereby  declared 
and  ordained  as  follows: 

Section  1.  No  existing  rights,  actions,  suits,  proceedings,  con- 
tracts or  claims  shall  be  affected  by  a change  in  the  form  of  gov- 
ernment, but  all  shall  continue  as  if  no  such  change  had  taken 
place;  and  all  process  which  may  haA^e  been  issued  under  the 
authority  of  the  Territory  of  Washington  preAuous  to  its  admis- 
sion into  the  Union  shall  be  as  Anlid  as  if  issued  in  the  name  of 
the  State. 

Sec.  2.  All  laws  noAV'  in  force  in  the  Territory  of  Washington, 
which  are  not  repugnant  to  this  Constitution,  shall  remain  in 
force  until  the}^  expire  by  their  own  limitation,  or  are  altered  or 


CONSTITUTION  OF  WASHINGTON. 


647 


repealed  by  the  Legislature:  Provided,  that  this  section  shall 

not  be  so  constmed  as  to  validate  any  act  of  the  Legislature  of 
Washington  Territory  granting  shore  or  tide  lands  to  any  person, 
company  or  any  municipal  or  private  corporation. 

Sec.  3.  All  debts,  hnes,  penalties  and  forfeitures,  which  have 
accrued,  or  may  hereafter  accrue,  to  the  Territory  of  Washington, 
shall  inure  to  the  State  of  Washington. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be 
taken  before  the  change  from  a territorial  to  a State  government 
shall  remain  valid,  and  shall  pass  to  and  may  be  prosecuted  in  the 
name  of  the  State;  and  all  bonds  executed  to  the  Territory  of 
Washington  or  to  any  county  or  municipal  corporation,  or  to 
any  officer  or  court  in  his  or  its  official  capacity,  shall  pass  to  the 
State  authorities  and  their  successors  in  office,  for  the  uses  therein 
expressed,  and  may  be  sued  for  and  recovered  accordingly,  and  all 
the  estate,  real,  personal  and  mixed,  and  all  judgments,  decrees, 
bonds,  specialties,  choses  in  action,  and  claims  or  debts,  of  what- 
ever description,  belonging  to  the  Territory  of  Washington,  shall 
inure  to  and  vest  in  the  State  of  Washington,  and  may  be  sued 
for  and  recovered  in  the  same  manner,  and  to  the  same  extent,  by 
the  State  of  Washington,  as  the  same  could  have  been  by  the 
Territory  of  Washington. 

Sec.  5.  All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  wliich  may  arise,  before  the  change  from  a terri- 
torial to  a State  government,  and  which  shall  then  be  pending, 
shall  be  prosecuted  to  judgment,  and  execution  in  the  name  of  the 
State.  All  offenses  committed  against  the  laws  of  the  Territory 
of  Washington,  before  the  change  from  a territorial  to  a State 
gov'ernment,  and  which  shall  not  be  prosecuted  before  such 
change,  may  be  prosecuted  in  the  name  and  by  the  authority  of 
^fhe  State  of  Washington,  with  like  effect  as  though  such  change 
liad  not  taken  place;  and  all  penalties  incurred  shall  remain  the 
same  as  if  this  Constitution  had  not  been  adopted.  All  actions 
at  law  and  suits  in  equity  which  may  be  pending  in  any  of  the 
courts  of  the  Territory  of  Washington,  at  the  time  of  the  change 
from  a territorial  to  a State  government,  shall  be  continued,  and 
transferred  to  the  court  of  the  State  having  jurisdiction  of  the 
subject-matter  thereof. 

Sec.  6.  All  officers  now  holding  their  office  under  the  author- 
ity of  the  United  States,  or  of  the  Territory  of  Washington,  shall 
continue  to  hold  and  exercise  their  respective  offices  until  they 
shall  be  superseded  by  the  authority  of  the  State. 


648 


CONSTITUTION  OF  WASHINGTON. 


Sec.  7.  All  officers  provided  for  in  this  Constitution,  including 
a county  clerk  for  each  county,  when  no  other  time  is  fixed  for 
their  election,  shall  be  elected  at  the  election  to  be  held  for  the 
adoption  of  this  Constitution  on  the  first  Tuesday  of  October, 
1889. 

Sec.  8.  Whenever  the  judge  of  the  Superior  Court  of  any 
county,  elected  or  appointed  under  the  provisions  of  this  Consti- 
tution shall  have  qualified,  the  several  causes  then  pending  in 
the  District  Court  of  the  Territory,  except  such  causes  as  would 
have  been  within  the  exclusive  jurisdiction  of  the  United  States 
District  Court  had  such  court  existed  at  the  time  of  the  com- 
mencement of  such  causes  within  such  county,  and  the  records, 
papers  and  proceedings  of  said  District  Court,  and  the  seal  and 
other  property  pertaining  thereto,  shall  pass  into  the  jurisdic- 
tion and  possession  of  the  Superior  Court  for  such  county.  And 
where  the  same  judge  is  elected  for  two  or  more  counties  it  shall 
be  the  duty  of  the  clerk  of  the  District  Court  having  custody  of 
such  papers  and  records  to  transmit  to  the  clerk  of  such  county 
or  counties,  other  than  that  in  which  such  records  are  kept,  the 
original  papers  in  all  cases  pending  in  such  District  Court,  and 
belonging  to  the  jurisdiction  of  such  county  or  counties,  together 
with  transcript  of  so  much  of  the  records  of  said  District  Court 
as  relate  to  the  same;  and  until  the  District  Courts  of  the  Terri- 
tory shall  be  superseded  in  manner  aforesaid,  the  said  District 
Courts  and  the  judges  thereof,  shall  continue  with  the  same 
jurisdiction  and  powers,  to  be  exercised  in  the  same  judicial 
districts,  respectively,  as  heretofore  constituted  under  the  laws 
of  the  Territory.  Whenever  a quorum  of  the  judges  of  the  Supreme 
Court  of  the  State  shall  have  been  elected  and  qualified,  the 
causes  then  pending  in  the  Supreune  Court  of  the  Territory,  except 
such  causes  as  Avould  have  been  within  the  exclusive  jurisdiction 
of  the  United  States  Circuit  Court  had  such  court  existed  at  the 
time  of  the  commencement  of  such  causes,  and  the  papers,  records 
and  proceedings  of  said  court  and  the  seal  and  other  property 
pertaining  thereto,  shall  pass  into  the  jurisdiction  and  possession 
of  the  Supreme  Court  of  the  State,  and  until  so  superseded,  the 
Supreme  Court  of  the  Territory  and  the  judges  thereof,  shall  con- 
tinue with  like  powers  and  jurisdiction  as  if  this  Constitution  had 
not  been  adopted. 

Sec.  9.  Until  otherwise  provided  by  law,  the  seal  now  in  use 
in  tlie  Supreme  Court  of  the  Territory  shall  be  the  seal  of  the 


CONSTITUTION  OP  WASHINGTON. 


649 


Supreme  Court  of  the  State.  The  seals  of  the  Superior  Courts  of 
the  several  counties  of  the  State  shall  be,  until  otherwise  provided 
by  law,  the  vignette  of  General  George  Washington  with  the 
words,  ''  Seal  of  the  Superior  Court  of County,”  surround- 

ing the  vignette.  The  seal  of  municipalities  and  of  all  county  offi- 
cers of  the  Territory  shall  be  the  seals  of  such  municipalities,  and 
county  officers,  respectively  under  the  State,  until  otherwise  pro- 
vided by  law. 

Sec.  10.  When  the  State  is  admitted  into  the  Union,  and  the 
Superior  Courts  in  the  respective  counties  organized,  the  books, 
records,  papers  and  proceedings  of  the  Probate  Court  in  each 
county,  and  all  causes  and  matters  of  administration  pending 
therein,  shall,  upon  the  expiration  of  the  term  of  office  of  the 
probate  judges,  on  the  second  Monday  in  January,  1891,  pass  into 
the  jurisdiction  and  possession  of  the  Superior  Court  of  the  same 
county  created  by  this  Constitution,  and  the  said  court  shall  pro- 
ceed to  final  judgment  or  decree,  order  or  other  determination  in 
the  several  matters  and  causes,  as  the  Territorial  Probate  Court 
might  have  done  if  this  Constitution  had  not  been  adopted.  And 
until  the  expiration  of  the  term  of  office  of  the  probate  judges, 
such  probate  judges  shall  perform  the  duties  now  imposed  upon 
them  by  the  laws  of  the  Territory.  The  Superior  Court  shall  have 
appellate  and  revisory  jurisdiction  ovei^  the  decisions  of  the  Pro- 
bate Courts,  as  now  provided  by  law,  until  such  latter  courts 
expire  by  limitation. 

Sec.  11.  The  Legislature,  at  its  first  session,  shall  provide  for 
the  election  of  all  officers  whose  election  is  not  provided  for  else- 
where in  this  Constitution,  and  fix  the  time  for  the  commence- 
ment and  duration  of  their  term. 

Sec.  12.  In  case  of  a contest  of  election  between  candidates, 
at  the  first  general  election  under  this  Constitution,  for  judges 
of  the  Superior  Courts,  the  evidence  shall  be  taken  in  the  man- 
ner prescribed  by  the  territorial  laws,  and  the  testimony  so  taken 
shall  be  certified  to  the  Secretary  of  State,  and  said  officer, 
together  with  the  Governor  and  Treasurer  of  State,  shall  review 
the  evidence  and  determine  who  is  entitled  to  the  certificate  of 
election. 

Sec.  13.  One  Kepresentative  in  the  Congress  of  the  United 
States  shall  be  elected  from  the  State  at  large,  at  the  first  elec- 
tion provided  for  in  this  Constitution;  and  thereafter  at  such 


G50 


CONSTITUTION  OF  WASHINGTON. 


times  and  places,  and  in  such  manner,  as  may  be  prescribed  by 
law.  When  a new  apportionment  shall  be  made  by  Congress  the 
Legislature  shall  divide  the  State  into  congressional  districts,  in 
accordance  with  such  apportionment.  The  vote  cast  for  Repre- 
sentative in  Congress,  at  the  first  election,  shall  be  canvassed,  and 
the  result  determined  in  the  manner  provided  for  by  the  laws  of 
the  Territory  for  the  canvass  of  the  vote  for  Delegate  in  Con- 
gress. 

Sec.  14.  All  district,  county  and  precinct  officers,  who  may  be 
in  office  at  the  time  of  the  adoption  of  this  Constitution,  and  the 
county  clerk  of  each  county  elected  at  the  first  election,  shall  hold 
their  respective  offices  until  the  second  Monda}"  of  January,  A.  D. 
1891,  and  until  such  time  as  their  successors  may  be  elected  and 
qualified,  in  accordance  with  the  provisions  of  this  Constitution; 
and  the  official  bonds  of  all  such  officers  shall  continue  in  full 
force  and  effect  as  though  this  Constitution  had  not  been  adopted. 
And  such  officers  shall  continue  to  receive  the  compensation  now 
provided,  until  the  same  be  changed  by  law. 

Sec.  15.  The  election  held  at  the  time  of  the  adoption  of  this 
Constitution  shall  be  held  and  conducted  in  all  respects  accord- 
ing to  the  laws  of  the  Territory  and  the  votes  cast  at  said  elec- 
tion for  all  officers  (where  no  other  provisions  are  made  in  this 
Constitution),  and  for  the  adoption  of  this  Constitution,  and  the 
several  separate  articles  and  the  location  of  the  State  capital, 
shall  be  canvassed  and  returned  in  the  several  counties  in  the 
manner  provided  by  territorial  law,  and  shall  be  returned  to  the 
Secretary  of  the  Territory  in  the  manner  provided  by  the  enabling 
act. 

Sec.  16.  The  provisions  of  this  Constitution  shall  be  in  force 
from  the  day  on  which  the  President  of  the  United  States  shall 
issue  his  proclamation  declaring  the  State  of  Washington 
admitted  into  the  Union,  and  the  terms  of  all  officers  elected  at 
the  first  election  under  the  provisions  of  this  Constitution  shall 
commence  on  the  Monday  next  succeeding  the  issue  of  said  procla- 
mation, unless  otherwise  provided  herein. 

Sec.  17.  The  following  separate  articles  shall  be  submitted  to 
the  people  for  adoption  or  rejection  at  the  election  for  the  adop- 
tion of  this  Constitution: 

Separate  Article  No.  1 — “All  persons,  male  and  female,  of  the 
age  of  twenty-one  years  or  over,  possessing  the  other  qualifica- 


CONSTITUTION  OF  WASHINGTON. 


651 


tions,  provided  by  this  Constitution,  shall  be  entitled  to  vote  at 
aU  elections/^ 

Separate  Article  No.  2 — ^^It  shall  not  be  lawful  for  any  indi- 
vidual, company  or  corporation,  within  the  limits  of  this  State, 
to  manufacture,  or  cause  to  be  manufactured,  or  to  sell,  or  offer 
for  sale,  or  in  any  manner  dispose  of  any  alcoholic,  malt  or  spiritu- 
ous liquors,  except  for  medicinal,  sacramental  or  scientific  pur- 
poses.” 

If  a majority  of  the  ballots  cast  at  said  election  on  said  sepa- 
rate articles  be  in  favor  of  the  adoption  of  either  of  said  separate 
articles,  then  such  separate  article  so  receiving  a majority  shall 
become  a part  of  this  Constitution  and  shall  govern  and  control 
any  provision  of  the  Constitution  in  conflict  therewith. 

Sec.  18.  The  form  of  ballot  to  be  used  in  voting  for  or  against 
this  Constitution,  or  for  or  against  the  separate  articles,  or  for 
the  permanent  location  of  the  seat  of  government,  shall  be: 

1.  For  the  Constitution 

Against  the  Constitution 

2.  For  Woman  Suffrage  Article 

Against  Woman  Suffrage  Article 

3.  For  Prohibition  Article 

Against  Prohibition  Article 

4.  For  the  permanent  location  of  the  seat  of  government. 
(Name  of  place  voted  for.) 

Sec.  19.  The  Legislature  is  hereby  authorized  to  appropriate 
from  the  State  treasury  sufficient  money  to  pay  any  of  the 
expenses  of  this  convention  not  provided  for  by  the  enabling  act 
of  Congress. 


CERTIFICATE. 

We,  the  undersigned,  members  of  the  convention  to  form  a Con- 
stitution for  the  State  of  Washington,  which  is  to  be  submitted 
to  the  people  for  their  adoption  or  rejection,  do  hereby  declare 
this  to  be  the  Constitution  formed  by  us,  and  in  testimony  thereof, 
do  hereunto  set  our  hands,  this  twenty-second  day  of  August, 
Anno  Domini,  one  thousand  eight  hundred  and  eighty-nine. 

JOHN  P.  HOYT,  President 
Attest:  JNO.  I.  BOOGE,  Chief  Clerk. 

FRANCIS  HENRY, 

J.  J.  BROWNE, 

GEORGE  C0:MEGYS, 


652 


CONSTITUTION  OF  WASHINGTON. 


N.  G.  BLALOCK, 

OLIVER  H.  JOY, 

JOHN  F.  GOWEY, 
DAVID  E.  DURIE, 
FRANK  M.  DALLAM, 

D.  BUCHANAN, 

JAMES  Z.  MOORE, 
JOHN  R.  KINNEAR, 

E.  H.  SULLIVAN, 
GEORGE  W.  TIBBETTS, 
GEORGE  TURNER, 

H.  W.  FAERWEATHER, 
AUSTIN  MERES, 
THOMAS  C.  GRIFFITTS, 
M.  M.  GODMAN, 

C.  H.  WARNER, 

GWEN  HICKS, 

J.  P.  T.  M’CROSKEY, 
W^M.  F.  PROSSER, 

S.  G.  COSGROVE,  1 
LOUIS  SOHNS,  i 

THOMAS  HAYTON, 

A.  A.  LINDSLEY, 
SAMUEL  H.  BERRY, 

J.  J.  WEISENBURGER, 

D.  J.  CROWLEY, 

P.  C.  SULLIVAN, 

J.  T.  M’DONALD, 

R.  S.  MORE, 

JOHN  M.  REED, 
THOMAS  T.  MINOR, 
RICHARD  JEFFS, 
EDWARD  ELDREDGE, 

J.  J.  TRAVIS, 

GEO.  H.  STEVENSON, 
ARNOLD  J.  WEST, 
SILVIUS  A.  DICKEY, 
CHARLES  T.  FAY, 
HENRY  WINSOR, 
CHARLES  P.  COEY, 


CONSTITUTION  OF  WASHINGTON. 


653 


THEODOKE  L.  STILES, 
KOB’T  F.  STUKDEVANT, 
JAMES  A.  BUEK, 

JOHN  A.  SHOUDY, 

JOHN  MHEAVY, 

ALLEN  WEIB, 

R O.  DUNBAE, 

W.  B.  GEAY, 

MOEGAN  MOEGANS, 
TEUSTEN  P.  HYEE, 

JAS.  POWEE, 

GEO.  H.  JONES, 

B.  B.  GLASCOCK, 

B.  L.  SHAEPSTEIN, 

O.  A.  BOWEN, 

H.  M.  LILLIS, 

HAEEISON  CLOTHIEE, 

J.  F.  VAN  NAME, 

MATT  J.  M’ELEOY, 
ALBEET  SCHOOLEY, 

H.  F.  SUKSDOEF. 

H.  C.  WILLISON, 

EOBEET  JAMIESON, 

T.  M.  EEED, 

HIEAM  E.  ALLEN, 

S.  H.  MANLY, 

H.  F.  SUKSDOEF. 


CONSTITUTION 


OF  THE 


STATE  OF  WEST  VIRGINIA. 


CONSTITUTION  OF  THE  STATE  OF  WEST  VIRGINIA 


Article 

1.  Relation  to  the  government  of 

the  United  States. 

2.  The  State. 

3.  Bill  of  rights. 

4.  Election  of  officers. 

6.  Division  of  powers. 

6.  Legislature. 

7.  Executive  department. 

8.  Judiciary  department. 

9.  County  organization. 

10.  Taxation  and  finance. 

11.  Corporations. 

12.  Education. 

13.  Land  titles. 

14.  Amendments. — How  may  be 

made. 

ARTICLE  I. 

Relations  to  the  Government  of  tJte 
United  /States. 

Section 

1.  The  State  of  West  Virginia  in- 

separable from  the  Union. 

2.  The  State  has  exclusive  right 

of  internal  government. 

3.  The  provisions  of  the  Constitu- 

tion of  the  United  States  and 
this  State  are  operative  alike 
in  war  as  well  as  peace. 

4.  The  State  shall  be  divided  into 

Congressional  districts. 

ARTICLE  II. 

The  State. 

1.  Enumeration  of  counties. 

2.  Powers  of  government  in  the 

citizens. 

3.  Requirements  for  citizenship. 

4.  Every  citizen  entitled  to  equal 

representation  in  the  govern- 
ment. 

5.  No  distinction  between  resident 

aliens  and  citizens. 

6.  Treason  against  the  State  de- 

fined. 

7.  The  seal  of  State. 

42 


Section 

8.  Rich  grants  and  commissions, 
shall  run  in  the  name  of  the 
State. 

ARTICLE  III. 

Jii.ll  of  Rights. 

1.  All  men  are  by  nature  equally 

free  and  have  certain  inherent 
rights. 

2.  All  power  vested  in  the  people. 

3.  The  government  is  instituted 

for  the  common  benefit  of  the 
people. 

4.  Writ  of  habeas  corpus  shall  not 

be  suspended. — No  ex  post 
facto  law. 

5.  Excessive  bail  nor  excessive 

fines  nor  cruel  punishment 
shall  be  permitted,  nor  be  put 
twice  in  jeopardy  of  life. 

6.  Security  against  unreasonable 

searches  and  seizures. 

7.  Freedom  of  speech  and  of  the 

press. 

8.  In  suits  for  libel  the  truth  may 

be  given  in  evidence. 

9.  Private  property  taken  for  pub- 

lic use  shall  have  just  com- 
pensation. 

10.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

11.  No  religious  Oir  political  test 

shall  be  required  for  voting. 

12.  No  standing  armies. — Military 

subordinate  to  civil  power. — 
Quartering  of  soldiers  in 
houses. 

13.  Right  of  trial  by  jury. 

14.  In  criminal  trials  the  accused 

shall  be  informed  of  the  char- 
acter of  his  accusation. 

15.  Freedom  of  religious  thought 

and  worship. 

16.  The  people  have  the  right  to 

assemble  in  a peaceable  man- 


658 


CONSTITUTION^  OF  WEST  YIEGINIA. 


Section 

ner  to  consult  for  the  common 
good. 

17.  The  courts  of  the  State  shall  be 

open  and  justice  shall  be  ad- 
ministered without  sale  or 
delay. 

18.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

19.  No  hereditary  honors  or  privi- 

leges shall  be  conferred. 

20.  Free  government  and  liberty. 

ARTICLE  IV. 

Elections  and  Officers. 

1.  Those  who  are  entitled  to  vote. 

2.  Elections  by  the  people  to  be  by 

ballot. 

8.  When  electors  are  privileged 
from  arrest. 

4.  Requirements  for  State  and 

county  officers. 

5.  Officers  to  take  oath  of  affirma- 

tion. 

6.  Removal  of  officers  for  miscon- 

duct, etc. 

7.  When  general  elections  shall  be 

held. 

8.  The  terms  of  office,  powers,  du- 

ties and  compensation  of  pub- 
lic offices  prescribed  by  law. 

9.  Impeachment. 

10.  Duelling  a bar  to  holding  office. 

11.  Legislature  shall  prescribe  man- 

ner of  conducting  elections. 

12.  No  citizen  to  be  denied  the 

right  to  vote  when  his  name 
has  not  been  registered. 

ARTICLE  V. 

Division  of  Powers. 

1.  Legislative,  executive  and  ju- 
dicial departments  shall  be 
separate  and  distinct. 

ARTICLE  VI. 

Legislature. 

1.  Legislative  power  vested  in  Sen- 

ate and  House  of  Delegates. 

2.  The  Senate  shall  be  composed 

of  twenty-four,  and  the  House 
of  sixty-five  members. 


Section 

3.  Senators  elected  for  four  years, 

Delegates  two  years. 

4.  State  divided  into  twelve  Sena- 

torial districts. 

5.  Enumeration  of  the  same. 

6.  For  the  election  of  Delegates. 

7.  Apportionment  of  Delegates 

after  every  census. 

8.  Until  a new  apportionment  shall 

be  declared  they  shall  be  as 
enumerated. 

9.  The  same  continued. 

10.  The  arrangement  of  Senatorial 

and  Delegate  districts. 

11.  Additional  territory  may  be  ad- 

mitted and  become  part  of  the 
State. 

12.  Qualifications  to  be  a Senator 

or  Delegate. 

13.  No  person  holding  a lucrative 

office  under  the  State,  etc., 
shall  be  eligible  to  a seat  in 
the  Legislature. 

14.  Bribery,  perjury,  etc.,  a bar  to 

a seat  in  the  Legislature. 

15.  No  Senator  or  Delegate  shall  be 

elected  to  an  office  created 
during  his  term  of  office. 

16.  Oath  of  affirmation  of  members. 

17.  When  members  of  the  Legisla- 

ture are  privileged  from  ar- 
rest. 

18.  Legislature  shall  assemble  bi- 

ennially. 

19.  The  Governor  may  convene  the 

Legislature. 

20.  The  seat  of  government  shall  be 

at  Charleston. 

21.  May  be  convened  at  another 

place. 

22.  Session  of  the  Legislature  to  be 

forty-five  days. 

23.  Neither  house  shall  adjourn  for 

more  than  three  days. 

24.  Majority  of  the  members  of 

each  house  shall  constitute  a 
quorum. 

25.  Each  house  may  punish  its  own 

members. 

26.  The  powers  of  each  house. 

27.  Certain  laws  to  be  enacted  and 

enforced. 


CONSTITUTION  OF  WEST  VIRGINIA. 


659 


Section 

28.  Bills  may  originate  in  either 

house. 

29.  No  bill  shall  become  a law  until 

read  on  three  different  days 
in  each  house,  except, 

30.  No  bill  shall  contain  more  than 

one  subject. 

SI.  In  regard  to  amendments  of  a 
bill  proposed  by  one  house 
and  amended  by  the  other, 

32.  Definition  of  the  words  a ma- 

jority of  the  members,  etc. 

33.  Pay  and  mileage  of  members. 

34.  Legislature  to  provide  by  law 

for  fuel,  stationery,  etc. 

35.  The  State  shall  never  be  made 

defendant  in  any  court  of  law 
or  equity. 

36.  Lotteries  prohibited. 

37.  No  law  to  be  passed  to  extend 

the  term  of  an  office. 

38.  No  extra  compensation  allowed 

or  granted. 

39.  The  Legislature  shall  not  pass 

local  or  special  laws  in  the 
following  enumerated  cases. 

40.  Judges  to  have  no  power  to  ap- 

point to  office. 

41.  Each  house  to  keep  a journal. 

42.  Bills  making  appropriations 

shall  contain  no  other  pro- 
vision. 

43.  The  Legislature  shall  never  au- 

thorize or  establish  any  board 
or  court  of  registration  of 
voters. 

44.  Vote  to  be  viva  voce  in  the 

Legislature. 

45.  Punishment  of  bribery. 

46.  Laws  may  be  passed  prohibit- 

ing sale  of  intoxicating 
liquors. 

47.  No  charter  of  incorporation 

shall  be  granted  any  church 
or  religious  denomination. 

48.  Homestead  exemption  to  the 

value  of  one  thousand  dollars, 
and  personal  property  to  the 
value  of  two  hundred. 

49.  The  Legislature  may  pass  laws 

to  protect  the  property  of 
married  women. 

60.  Proportional  representation  in 
the  Senate. 


ARTICLE  VII. 

Executixe  Department. 

Section 

1.  To  consist  of  Governor,  Secre- 

tary of  State,  State  Superin- 
tendent of  Free  Schools,  Au- 
ditor, Treasurer  and  Attorney- 
General, 

2.  Election  of  the  same. — ^When  to 

be  held. 

3.  Speaker  of  the  House  of  Dele- 

gates to  receive  election  re- 
turns. 

4.  The  above-named  officers  may 

not  hold  any  other  office  dur- 
ing the  term  of  their  service. 

5.  Chief  executive  power  vested 

in  the  Governor, 

6.  Governor’s  message. 

7.  The  Governor  may  on  extraor- 

dinary occasions  convene  the 
Legislature. 

8.  Officers  who  may  be  nominated 

by  the  Governor. 

9.  In  case  of  vacancy  during  the 

recess  of  the  Senate. — How 
i filled. 

1 10.  Governor  may  remove  the 
same. 

11.  Governor  may  remit  fines  and 

penalties. 

12.  Governor  Commander-in-Chief 

of  the  military  forces  of  the 
State. 

13.  Security  from  State  officers. 

14.  Every  bill  passed  by  the  Legis- 

lature shall  be  presented  to 
the  Governor  to  be  signed. 

15.  Bills  making  appropriations  of 

money  to  be  presented  to  the 
Governor. 

16.  Who  to  act  as  Governor  in  case 

of  his  disability. 

17.  In  case  of  vacancy  of  State 

offices  how  filled. 

18.  The  Governor  may  require  In- 

formation in  writing  from  the 
officers  of  his  department. 

ARTICLE  VIII. 

Judicial  D epa rtment. 

1.  Judicial  power  of  State  shall  be 
vested  In  a Supreme  Court  of 


660 


CONSTITUTION  OF  WEST  YIRGINI^. 


Section 

Appeals  and  Circuit  Courts, 
etc. 

2.  The  Supreme  Court  of  Appeals 

to  consist  of  four  judges. — 
Their  term  of  office. 

3.  Shall  have  original  jurisdiction 

in  certain  cases  enumeirated. 

4.  In  regard  to  decisions  of  the 

Supreme  Court  of  Appeals. 

6.  In  regard  to  the  affirmation  or 
reversal  of  a decision  by  the 
Supreme  Court  of  Appeals. 

6.  A writ  of  error,  supersedeas  or 

appeals,  shall  be  allowed  only 
by  the  Supreme  Court  of  Ap- 
peals. 

7.  In  case  of  vacancy  in  Supreme 

Court  of  Appeals  how  filled. 

8.  The  officers  of  the  Supreme 

Court  of  Appeals,  how  ap- 
pointed. 

9.  At  least  two  terms  to  be  held 

annually. 

10.  The  State  shall  be  divided  into 

thirteen  sections. 

11.  A court  to  be  held  in  every 

county  at  least  three  times  in 
each  year. 

12.  The  Circuit  Court,  supervision 

and  control  of  the  same. 

13.  Enumeration  of  the  Circuits. 

14.  They  may  be  rearranged. 

16.  The  Legislature  shall  provide 
by  law  foir  holding  regular 
and  Special  Terms  of  the 
Circuit  Court. 

16.  All  judges  shall  be  commis- 

sioned by  the  Governor. 

17.  They  may  be  removed. 

18.  Clerk  of  the  Circuit  Court. — His 

duties  and  compensation. 

19.  Courts  of  limited  jurisdiction. 

20.  In  regard  to  the  property  of 

soldiers  of  the  late  war  of 
either  side. 

21.  The  laws  of  the  State  which 

aje  in  force  and  not  repug- 
nant to  this  article  shall  con- 
tinue, etc. 

22.  There  shall  be  In  each  county 

of  the  State  a County  Court. 

23.  Commissioners  of  the  same  to 


Section 

be  elected  for  a term  of  office, 
etc. 

24.  County  Court  to  have  custody 

of  all  deeds,  etc. 

25.  In  regard  to  actions,  suits,  etc., 

not  embraced  in  the  next  pre- 
ceding section. 

26.  Cle(rk  of  the  County  Court. — 

His  term  of  office,  duties  and 
compensation. 

27.  Justices  of  the  peace. 

28.  Their  jurisdiction  and  au- 

thority. 

29.  The  County  Court  may  be  al- 

tered or  modified. 

30.  The  office  of  commissioner  and 

justice  of  the  peace  not  com- 
patible. 

ARTICLE  IX. 

Cov )i ly  Orga n haiiou . 

1.  The  voters  of  each  county  shall 

elect  a surveyor  of  lands. 

2.  Also  a constable,  and  if  the 

population  exceeds  1,200, 
others. 

3.  The  same  person  shall  not  be 

elected  sheriff  for  two  suc- 
cessive terms. 

4.  County  Court  officers  shall  be 

subject  to  indictment. 

6.  The  Legislature  shall  provide 
for  commissioning  such  of  the 
officers  herein  mentioned  as 
it  may  deem  proper. 

6.  It  shall  further  provide  for  the 

compensation,  duties,  etc.,  of 
the  same. 

7.  Conservators  of  the  peace. 

8.  No  new  county  to  be  formed 

with  an  area  of  less  than  400 
square  miles,  or  a population 
of  less  than  6,000. 

ARTICLE  X. 

Tdxniiou  and  Fiiutnce. 

1.  Taxation  shall  be  equal  and 

uniform. 

2.  An  annual  capitation  tax  of  one 

dollar. 

3.  No  money  to  be  drawn  from  the 

Treasury  but  by  appropria- 
tion. 


CONSTITUTION  OF  WEST  VIRGINIA. 


661 


Section 

4.  No  debt  to  be  contracted  by  the 
State,  etc. 

6.  The  power  of  taxation  by  the 
Legislature. 

6.  The  credit  of  the  State  not  to 

be  granted  to  any  of  its  sub- 
divisions. 

7.  County  taxes  not  to  exceed  for 

one  year  ninety-five  cents  on 
one  hundred  dollars. 

8.  The  limit  of  indebtedness  in 

county,  city,  etc. 

9.  Certain  corporate  bodies  may 

be  authorized  to  assess  and 
collect  taxes. 

ARTICLE  XI. 

Corpomiions. 

1.  Legislature  to  provide  for  the 

organization  of. 

2.  What  stockholders  shall  be  lia- 

ble for  the  indebtedness  of 
corporations. 

3.  All  existing  charters  or  grants 

under  which  organization  shall 
not  have  taken  place  within 
two  years  from  the  time  this 
Constitution  takes  effect,  shall 
be  invalid. 

4.  Law  to  provide  for  the  election 

of  directors  or  managers  of  in- 
corporated companies. — Stock- 
holders shall  have  the  right 
to  vote  in  person  or  by  proxy. 

5.  Street  railroads  may  not  be  con- 

structed in  any  city,  town  or 
incorporated  village  without 
the  consent  of  the  local  au- 
thorities. 

6.  A general  banking  law  for  the 

creation  and  organization  of 
banks. 

7.  Every  railroad  corporation  do- 

ing business  in  the  State  shall 
make  a report  to  the  Auditor 
of  public  accounts. 

8.  The  rolling  stock  and  moveable 

property  of  railroads  shall  be 
considered  personal  property. 

9.  Railroads  are  public  highways. 

10.  In  regard  to  the  establishment 

of  stations. 


Section 

11.  Parallel  or  competing  lines  may 

not  consolidate. 

12.  The  right  of  eminent  domain 

not  to  be  abridged. 

ARTICLE  XII. 

Education. 

1.  The  Legislature  shall  provide 

by  general  law  for  a system 
of  free  schools. 

2.  The  State  Superintendent. — His 

duties. 

3.  The  Legislature  may  provide 

for  county  superintendents 
and  other  officers. — Their  du- 
ties and  powers  and  compen- 
sation. 

4.  School  fund. 

5.  Interest  of  the  school  fund  to 

be  used  for  the  support  of 
free  schools. 

6.  The  school  districts  into  which 

any  county  is  now  divided 
shall  continue  until  changed 
by  law. 

7.  In  regard  to  levies  for  the  sup- 

port of  free  schools. 

8.  White  and  colored  persons  shall 

not  be  taught  in  the  same 
schools. 

9.  No  person  connected  with  the 

free  school  system  of  the 
State  shall  be  interested  in 
the  sale  of  books,  etc.,  used 
therein. 

10.  No  independent  free  school  dis- 

trict shall  hereafter  be  cre- 
ated, except. 

11.  No  appropriations  shall  hereaf- 

ter be  made  to  any  State  Nor- 
mal school  except  those  al- 
ready established. 

12.  The  Legislature  shall  encour- 

age moral,  intellectual,  scien- 
tific and  agricultural  improve- 
ment. 

ARTICLE  Xin. 

Land  Titles. 

1.  All  private  rights  in  lands  in 
this  State  derived  from  the 


662 


CONSTITUTION  OF  WESL’  VIRGINIA. 


Section 

laws  of  the  State  of  Virginia 
shall  remain  valid. 

2.  No  entry  by  warrant  on  land 

in  this  State  shall  hereafter 
be  made. 

3.  In  regard  to  title-  of  forfeited 

lands. 

4.  Waste  and  unappropriated  land 

in  this  State  to  be  sold  to  the 
highest  bidder. 

5.  The  former  owner  of  any  such 

land  may  receive  the  excess 
of  the  sum,  over  the  taxes, 
charged  for  which  the  land 
was  sold. 


Section 

6.  Every  owner  of  land  to  have  it 
entered  on  the  land  books  of 
the  county  and  causing  him- 
self to  be  charged  with  taxes 
thereon. 

ARTICLE  XIV. 

Amendmenifi. 

1.  No  convention  shall  be  called 

having  the  authority  to  alter 
the  Constitution  of  this  State, 
unless. 

2.  Any  amendment  to  the  Consti- 

tution may  originate  at  either 
house. 


ARTICLE  I. 

Relations  to  the  Government  of  the  United  States. 

1.  The  State  of  West  Virginia  is,  and  shall  remain,  one  of 
the  United  States  of  America.  The  Constitution  of  the  United 
States  of  America,  and  the  laws  and  treaties  made  in  pursuance 
thereof,  shall  he  the  supreme  law  of  the  land. 

2.  The  government  of  the  United  States  is  a government  of 
enumerated  powers,  and  all  powers  not  delegated  to  it,  nor 
inhibited  to  the  States,  are  reserved  to  the  States  or  to  the  peo- 
])le  thereof.  Among  the  powers  so  reserved  to  the  States  is  the 
exclusive  regulation  of  their  own  internal  government  and 
police;  and  it  is  the  high  and  solemn  duty  of  the  several 
departments  of  government,  created  by  this  Constitution,  to 
guard  and  protect  the  people  of  this  State  from  all  encroach- 
ments upon  the  rights  so  reserved. 

3.  The  provisions  of  the  Constitution  of  the  United  States, 
and  of  this  State,  are  operative  alike  in  a period  of  war  as  in 
time  of  peace,  and  any  departure  therefrom,  or  violation  thereof, 
under  the  plea  of  necessity,  or  any  other  plea,  is  subversive  of 
good  government,  and  tends  to  anarchy  and  despotism. 

4.  For  the  election  of  representatives  to  Congress,  the  State 
shall  be  divided  into  districts,  corresponding  in  number  with  the 
representatives  to  which  it  may  be  entitled;  which  districts  shall 
be  formed  of  contiguous  counties,  and  be  compact.  Each  dis- 
trict shall  contain,  as  nearly  as  may  be,  an  equal  number  of 
population,  to  be  determined  according  to  the  rule  prescribed 
in  the  Constitution  of  the  United  States, 


663 


CONSTITUTION  OF  WEST  VIKGINIA. 

ABTICLE  n. 

The  State. 

1.  The  territory  of  the  following  counties,  formerly  parts  of 
the  Commonwealth  of  Virginia,  shall  constitute  and  form  the 
State  of  West  Virginia,  viz.: 

The  counties  of  Barbour,  Berkeley,  Boone,  Braxton,  Brooke, 
Cabell,  Calhoun,  Clay,  Doddridge,  Fayette,  Gilmer,  Grant,  Green- 
brier, Hampshire,  Hancock,  Hardy,  Harrison,  Jackson,  Jefferson, 
Kanawha,  Lewis,  Lincoln,  Logan,  Marion,  Marshall,  Mason, 
McHoweU,  . Mercer,  Mineral,  Monongalia,  Monroe,  / Morgan, 
Nicholas,  Ohio,  Pendleton,  Pleasants.  Pocahontas,  Preston, 
Putnam,  Ealeigh,  Eandolph,  Ritchie,  Roane,  Summers,  Taylor, 
Tucker,  Tyler,  Upshur,  Wayne,  Webster,  Wetzel,  Wirt,  Wood, 
and  W^yoming.  The  State  of  West  Virginia  includes  the  bed, 
bank  and  shores  of  the  Ohio  river,  and  so  much  of  the  Big  Sandy 
river  as  was  formerly  included  in  the  Commonwealth  of  Virginia, 
and  all  territorial  rights  and  property  in,  and  jurisdiction  over  the 
same,  heretofore  reserved  by,  and  vested  in,  the  Commonwealth 
of  Virginia,  are  vested  in  and  shall  hereafter  be  exercised  by  the 
State  of  West  Virginia. — And  such  parts  of  the  said  beds,  banks 
and  shores,  as  lie  opposite  and  adjoining  the  several  counties  of 
this  State,  shall  form  i)arts  of  said  several  counties  respectively. 

2.  The  powers  of  government  reside  in  all  the  citizens  of  the 
State,  and  can  be  rightfully  exercised  only  in  accordance  with 
their  will  and  appointment. 

3.  All  persons  residing  in  this  State,  born  or  naturalized  in 
the  United  States,  and  subject  to  the  jurisdiction  thereof,  shall 
be  citizens  of  this  State. 

4.  Every  citizen  shall  be  entitled  to  equal  representation  in 
the  government,  and,  in  all  apportionments  of  representation, 
equality  of  number  of  those  entitled  thereto  shall,  as  far  as 
practicable,  be  preserved. 

5.  No  distinction  shall  be  made  between  resident  aliens  and 
citizens,  as  to  the  acquisition,  tenure,  disposition  or  descent  of 
property. 

6.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  cod' 


CONSTITUTION  OF  WEST  VIRGINIA. 


()G4 

fession  in  open  court.  Treason  shall  be  punished  according  to 
the  character  of  the  acts  committed,  by  the  infliction  of  one,  or 
more,  of  the  penalties,  of  death,  imprisonment  or  fine,  as  may  be 
prescribed  by  law. 

7.  The  present  seal  of  the  State  with  its  our  motto,  ‘^Montani 
Semper  Liberi,”  shall  be  the  great  seal  of  the  State  of  West  Vir- 
ginia, and  shall  be  kept  by  the  Secretary  of  State,  to  be  used  by 
him  officially,  as  directed  by  law. 

8.  Writs,  grants  and  commissions  issued  under  the  authority 
of  this  State  shall  run  in  the  name  of,  and  official  bonds  shall  be 
made  payable  to,  the  State  of  West  Virginia.  Indictments 
shall  conclude,  Against  the  peace  and  dignity  of  the  State.’^ 

ARTICLE  III. 

Bill  of  Rights. 

1.  All  men  are,  by  nature,  equally  free  and  independent,  and 

have  certain  inherent  rights,  of  which,  when  they  enter  into  a 
state  of  society,  they  cannot,  by  any  compact,  deprive  or  divest 
their  posterity,  namely : The  enjoyment  of  life  and  liberty,  with 

the  means  of  acquiring  and  possessing  property,  and  of  pursuing 
and  obtaining  happiness  and  safety. 

2.  All  power  is  vested  in,  and  consequently  derived  from,  the 
people.  Magistrates  are  their  trustees  and  servants,  and  at  all 
times  amenable  to  them. 

3.  Government  is  instituted  for  the  common  benefit,  protec- 
tion and  security  of  the  people,  nation  or  community.  Of  all  its 
various  forms  that  is  the  best,  which  is  capable  of  producing  the 
greatest  degree  of  happiness  and  safety,  and  is  most  effectually 
secured  against  the  danger  of  maladministration ; and  when  any 
government  shall  be  found  inadequate  or  contrary  to  these  pur- 
poses, a majority  of  the  community  has  an  indubitable,  inalien- 
able, and  indefeasible  right  to  reform,  alter  or  abolish  it  in  such 
manner  as  shall  be  judged  most  conducive  to  the  public  weal. 

4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended.  No  person  shall  be  held  to  answer  for  treason,  felony 
or  other  crime  not  cognizable  by  a justice,  unless  on  present- 
ment or  indictment  of  a grand  jury.  No  bill  or  attainder,  ex 
post  facto  law,  or  law  impairing  the  obligation  of  a contract, 
shall  be  passed. 


CONSTITUTION  OF  WEST  VIRGINIA. 


665 


5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 

imposed  nor  cruel  and  unusual  punishment  inflicted.  Penalties 
shall  be  proportioned  to  the  character  and  degree  of  the  offense. 
No  person  shall  be  transported  out  of,  or  forced  to  leave  the  State 
for  any  offense  committed  within  the  same ; nor  shall  any  person, 
in  any  criminal  case,  be  compelled  to  be  a witness  against  him- 
self, or  be  twice  put  in  jeopardy  of  life  or  liberty  for  the  same 
offense.  ' [ i 

6.  The  right  of  the  citizens  to  be  secure  in  their  houses, 

persons,  papers  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated.  No  warrant  shall  issue  except 
upon  probable  cause,  supported  by  oath  or  affirmation,  particu- 
larly describing  the  place  to  be  searched,  or  the  person  or  thing 
to  be  seized.  ’ ’ i ’ i 

7.  No  law  abridging  the  freedom  of  speech,  or  of  the  press, 
shall  be  passed;  but  the  Legislature  may  by  suitable  penalties, 
restain  the  publication  or  sale  of  obscene  books,  papers  or  pic- 
tures, and  provide  for  the  punishment  of  libel,  and  defamation 
of  character,  and  for  the  recovery,  in  oi\il  actions,  by  the 
aggrieved  party,  of  suitable  damages  for  such  libel,  or 
defamation. 

8.  In  prosecutions,  and  civil  suits  for  libel,  the  truth  may 
be  given  in  evidence;  and  if  it  shall  appear  to  the  jury  that  the 

, matter  charged  as  libelous,  is  true,  and  was  published  with  good 
motives,  and  for  justifiable  ends,  the  verdict  shall  be  for  the 
defendant.  ' i I 

9.  Private  property  shall  not  be  taken  or  damaged  for  public 

use,  without  just  compensation;  nor  shall  the  same  be  taken 
by  any  company,  incorporated  for  the  purposes  of  internal 
improvement,  until  just  compensation  shall  have  been  paid,  or 
secured  to  be  paid,  to  the  owner;  and  when  private  property 
shall  be  taken,  or  damaged,  for  public  use,  or  for  the  use  of  such 
corporations,  the  compensation  to  the  owner  shall  be  ascertained 
in  such  manner  as  may  be  prescribed  by  general  law : Provided, 

That  when  required  by  either  of  the  parties,  such  compensation 
shall  be  ascertained  by  an  impartial  jury  of  twelve  freeholders. 

10.  No  person  shall  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law,  and  (the  word  and  construed  to  mean 
or;  see  27  W.  Va.,  275)  the  judgment  of  his  peers. 


666 


CONSTITUTION  OF  WEST  VIRGINIA. 


11.  Political  tests,  requiring  persons,  as  a prerequisite  to 
the  enjoyment  of  their  civil  and  political  rights,  to  purge  them- 
selves by  their  own  oaths,  of  past  alleged  offenses,  are  repugnant 
to  the  principles  of  free  government,  and  are  cruel  and  oppres- 
sive. No  religious  or  political  test  oath  shall  be  required  as  a 
prerequisite  or  qualification  to  vote,  serve  as  a juror,  sue,  plead, 
appeal  or  pursue  any  profession  or  employment.  Nor  shall  any 
person  be  deprived  by  law,  of  any  right,  or  privilege,  because  of 
any  act  done  prior  to  the  passage  of  such  law. 

12.  Standing  armies  in  time  of  peace,  should  be  avoided  as 
dangerous  to  liberty.  The  military  shall  be  subordinate  to  the 
civil  power;  and  no  citizen,  unless  engaged  in  the  military  ser- 
vice of  the  State,  shall  be  tried  or  punished  by  any  military  court, 
for  any  offense  that  is  cognizable  by  the  civil  courts  of  the  State. 
No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner;  nor  in  time  of  war,  except 
in  the  manner  to  be  prescribed  by  law. 

13.  (As  amended — see  Acts  1879,  p.  182).  In  suits  at  common 
law,  where  the  value  in  controversy  exceeds  twenty  dollars 
exclusive  of  interest  and  costs,  the  right  of  trial  by  jury,  if 
required  by  either  party,  shall  be  preserved;  and  in  such  suit 
before  a justice  a jury  may  consist  of  six  persons.  No  fact  tried 
by  a jury  shall  be  otherwise  re-examined  in  any  case  then  accord- 
ing to  the  rules  of  the  common  law. 

14.  Trials  of  crimes,  and  of  misdemeanors,  unless  herein 
otherwise  provided,  shall  be  by  a jury  of  twelve  men,  public, 
without  unreasonable  delaj^,  and  in  the  county  where  the  alleged 
offense  was  committed,  unless  upon  petition  of  the  accused,  and 
for  good  cause  shown,  it  is  removed  to  some  other  county.  In 
all  such  trials,  the  accused  shall  be  fully  and  plainly  informed 
of  the  character  and  cause  of  the  accusation,  and  be  confronted 
with  the  witnesses  against  him,  and  shall  have  the  assistance  of 
counsel,  and  a reasonable  time  to  prepare  for  his  defense;  and 
there  shall  be  awarded  to  him  compulsory  process  for  obtaining 
witnesses  in  his  favor. 

15.  No  man  shall  be  compelled  to  frequent  or  support  any 
religious  worship,  place  or  ministry  whatsoever  ; nor  shall  any 
man  be  enforced,  restrained,  molested  or  burthened,  in  his  body 
or  goods,  or  otherwise  suffer,  on  account  of  his  religious  opinions 


CONSTITUTION  OF  WEST  VIKOINIA. 


667 


or  belief;  but  all  men  shall  be  free  to  profess,  and  by  argument, 
to  maintain  their  opinions  in  matters  of  religion;  and  the  same 
shall,  in  no  wise,  affect,  diminish  or  enlarge  their  civil  capacities : 
and  the  Legislature  shall  not  prescribe  any  religious  test  what- 
ever, or  confer  any  peculiar  privileges  or  advantages  on  any  sect 
or  denomination,  or  pass  any  law  requiring  or  authorizing  any 
religious  society,  or  the  people  of  any  district  within  this  State, 
to  levy  on  themselves,  or  others,  any  tax  for  the  erection  or 
repair  of  any  house  for  public  worship,  or  for  the  support  of  any 
church  or  ministry,  but  it  shall  be  left  free  for  every  person  to 
select  his  religious  instructor,  and  to  make  for  his  support,  such 
private  contract  as  he  shall  please. 

16.  The  right  of  the  people  to  assemble  in  a peaceable  man- 
ner, to  consult  for  the  common  good,  to  instruct  their  represen- 
tatives, or  to  apply  for  redress  of  grievances,  shall  be  held 
inviolate. 

17.  The  courts  of  this  State  shall  be  open,  and  every  person, 
for  an  injury  done  to  him,  in  his  person,  property  or  reputation, 
shall  have  remedy  by  due  course  of  law;  and  justice  shall  be 
administered  without  sale,  denial  or  delay. 

18.  No  conviction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

19.  No  hereditary  emoluments,  honors  or  privileges  shall  ever 
be  granted  or  conferred  in  this  State. 

20.  Free  government  and  the  blessings  ‘ of  liberty  can  be 
preserved  to  any  people  only  by  a firm  adherence  to  justice, 
moderation,  temperance,  frugality  and  virtue,  and  by  a frequent 
recurrence  to  fundamental  principles. 

ARTICLE  IV. 

Elections  and  Q-fflcers. 

1.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at 
all  elections  held  within  the  counties  in  which  they  respectively 
reside;  but  no  person  who  is  a minor,  or  of  unsound  mind,  or  a 
pauper,  or  who  is  under  conviction  of  treason,  felony,  or  bribery 
in  an  election,  or  who  has  not  been  a resident  of  the  State  for 
one  year,  and  of  the  county  in  which  he  offers  to  vote,  for  sixty 
days  next  preceding  such  offer,  shall  be  permitted  to  vote  while 


668 


CONSTITUTION  OF  WEST  VIKOINIA. 


such  disability  continues;  but  no  person  in  the  military,  naval 
or  marine  service  of  the  United  States  shall  be  deemed  a resi- 
dent of  this  State  by  reason  of  being  stationed  therein. 

2.  In  all  elections  by  the  people,  the  mode  of  voting  shall  be 
by  ballot;  but  the  voter  shall  be  left  free  to  vote  by  either  open, 
sealed  or  secret  ballot,  as  he  may  elect. 

3.  No  voter,  during  the  continuance  of  an  election  at  which 
he  is  entitled  to  vote,  or  during  the  time  necessary  and  con- 
venient for  going  to  and  returning  from  the  same,  shall  be  sub- 
ject to  arrest  upon  civil  process,  or  be  compelled  to  attend  any 
court,  or  judicial  proceeding,  as  suitor,  juror  or  witness;  or  to 
work  upon  the  public  roads;  or  except  in  time  of  war  or  public 
danger,  to  render  military  service. 

4.  No  person,  except  citizens  entitled  to  vote,  shall  be  elected 
or  appointed  to  any  State,  county  or  municipal  office;  but  the 
Governor  and  Judges  must  have  attained  the  age  of  thirty,  and 
the  Attorney-General  and  Senators  the  age  of  twenty-five  years, 
at  the  beginning  of  their  respective  terms  of  service;  and  must 
have  been  citizens  of  the  State  for  five  years  next  preceding  their 
election  or  appointment,  or  to  be  citizens  at  the  time  this  Con- 
stitution goes  into  operation. 

5.  Every  person  elected  or  appointed  to  any  office,  before 
proceeding  to  exercise  the  authority,  or  discharge  the  duties 
thereof,  shall  make  oath  or  affirmation  that  he  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  this 
State,  and  that  he  will  faithfully  discharge  the  duties  of  his  said 
office  to  the  best  of  his  skill  and  judgment;  and  no  other  oath, 
declaration,  or  test  shall  be  required  as  a qualification,  unless 
herein  otherwise  provided. 

6.  All  officers  elected  or  appointed  under  this  Constitution, 
may,  unless  in  cases  herein  otherwise  provided  for,  be  removed 
from  office  for  official  misconduct,  incompetence,  neglect  of  duty 
or  gross  immorality,  in  such  manner  as  may  be  prescribed  by 
general  laws,  and  unless  so  removed  they  shall  continue  to  dis- 
charge the  duties  of  their  respective  offices  until  their  successors 
are  elected,  or  appointed,  and  qualified. 

7.  (As  amended — See  Acts  1883,  p.  137.)  The  general  elec- 
tions of  State  and  county  officers,  and  of  members  of  the  Legisla- 
ture, shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in 
November,  until  otherwise  provided  by  law.  The  terms  of  such 


CONSTITUTION  OF  VTEBT  VIEOINTA. 


669 


officers,  not  elected,  or  appointed  to  fill  a vacancy,  shall,  unless 
herein  otherwise  provided,  begin  on  the  first  day  of  January; 
and  of  the  members  of  the  Legislature,  on  the  first  day  of  Decem- 
ber next  succeeding  their  election.  Elections  to  till  vacancies,  shall 
be  for  the  unexpired  term.  When  vacancies  occur  prior  to  any 
general  election,  they  shall  be  filled  by  appointments, 
in  such  manner  as  may  be  prescribed  herein,  or  by  general  law, 
which  appointments  shall  expire  at  such  time  after  the  next 
general  election  as  the  person  so  elected  to  fill  such  vacancy 
shall  be  qualified. 

S.  The  Legislature,  in  cases  not  provided  for  in  this  Constitu- 
tion, shall  prescribe,  by  general  laws,  the  terms  of  office,  powers, 
duties  and  compensation  of  aU  public  officers  and  agents,  and 
the  manner  in  which  they  shall  be  elected,  appointed  and 
removed. 

9.  Any  officer  of  the  State  may  be  impeached  for  maladminis- 
tration, corruption,  incompetency,  gross  immorality,  neglect  of 
duty,  or  any  high  crime  or  misdemeanor.  The  House  of  Dele- 
gates shall  have  the  sole  power  of  impeachment.  The  Senate 
shall  have  the  sole  power  to  try  impeachments,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  elected  thereto.  TMien  sitting  as  a court  of  impeach- 
ment, the  President  of  the  Supreme  Court  of  Appeals,  or,  if  from 
any  cause  it  be  improper  for  him  to  act,  then  any  other  judge  of 
that  court,  to  be  designated  by  it,  shall  preside;  and  the  Senators 
shall  be  on  oath  or  affirmation,  to  do  justice  according  to  law  and 
evidence.  Judgment  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold 
any  office  of  honor,  trust  or  profit,  under  the  State;  but  the  party 
convicted  shall  be  liable  to  indictment,  trial,  judgment,  and 
punishment,  according  to  law.  The  Senate  may  sit  during  the 
recess  of  the  Legislature  for  the  trial  of  impeachments. 

10.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of 
this  Constitution,  either  in,  or  out  of  the  State,  fight  a duel  with 
deadly  weapons  or  send  or  accept  a challenge  so  to  do,  or  who 
shall  act  as  second  or  knowingly  aid,  or  assist  in  such  duel,  shall, 
ever  thereafter,  be  incapable  of  holding  any  office  of  honor,  trust 
or  profit  in  this  State. 

11.  The  Legislature  shall  prescribe  the  manner  of  conduct- 
ing and  making  retunis  of  elections,  and  of  determining  con- 


670 


CONSTITUTION  OF  WEST  VmOINIA. 


tested  elections;  and  shall  pass  such  laws  as  may  be  necessary 
and  proper  to  prevent  intimidation,  disorder  or  violence  at  the 
polls,  and  corruption  or  fraud  in  voting,  counting  the  vote,  ascer- 
taining or  declaring  the  result,  or  fraud  in  any  manner,  upon  the 
ballot. 

12.  No  citizen  shall  ever  be  denied  or  refused  the  right  or 
privilege  of  voting  at  an  election,  because  his  name  is  not,  or 
has  not  been  registered  or  listed  as  a qualified  voter. 

ARTICLE  V. 

Division  of  Powers. 

1.  The  Legislative,  Executive  and  Judicial  Departments  shall 
be  separate  and  distinct,  so  that  neither  shall  exercise  the  powers 
properly  belonging  to  either  of  the  others;  nor  shall  any  person 
exercise  the  powers  of  more  than  one  of  them  at  the  same  time, 
except  that  justices  of  the  peace  shall  be  eligible  to  the 
Legislature. 

ARTICLE  VI. 

Legislature. 

1.  The  legislative  power  shall  be  vested  in  a Senate  and  House 
of  Delegates.  The  style  of  their  acts  shall  be  “Be  it  enacted 
by  the  Legislature  of  West  Virginia.” 

2.  The  Senate  shall  be  composed  of  twenty-four,  and  the 
House  of  Delegates  of  sixty-five  members,  subject  to  be  increased 
according  to  the  provisions  hereinafter  contained. 

3.  Senators  shall  be  elected  for  the  term  of  four  years,  and 
Delegates  for  the  term  of  two  years.  The  Senators  first  elected, 
shall  divide  themselves  into  two  classes,  one  Senator  from  every 
district  being  assigned  to  each  class;  and  of  these  classes,  the 
first  to  be  designated  by  lot  in  such  manner  as  the  Senate  may 
determine,  shall  hold  their  seats  for  two  years;  and  the  second 
for  four  years,  so  that  after  the  first  election,  one-half  of  the 
Senators  shall  be  elected  biennially. 

4.  For  the  election  of  Senators,  the  State  shall  be  divided 
into  twelve  Senatorial  Districts,  which  number  shall  not  be 
diminished,  but  may  be  increased  as  hereinafter  provided. 
Every  district  shall  elect  two  Senators,  but,  where  the  district 
is  composed  of  more  than  one  county,  both  shall  not  be  chosen 
from  the  same  county.  The  districts  shall  be  compact,  formed 


CONSTITUTION  OF  WEST  VIKGINIA. 


671 


of  contiguous  territory,  bounded  by  county  lines,  and,  as  nearly 
as  practicable,  equal  in  population,  to  be  ascertained  by  the 
census  of  the  United  States.  After  every  such  census,  the  Leg- 
islature shall  alter  the  Senatorial  Districts,  so  far  as  may  be 
necessary  to  make  them  conform  to  the  foregoing  provision. 

5.  Until  the  Senatorial  Districts  shall  be  altered  by  the  Leg- 
islature as  herein  prescribed,  the  counties  of  Hancock,  Brooke 
and  Ohio,  shall  constitute  the  first  Senatorial  District;  Marshall, 
Wetzel  and  Marion,  the  second;  Ritchie,  Doddridge,  Harrison, 
Gilmer  and  Calhoun,  the  third;  Tyler,  Pleasants,  Wood  and 
Wirt,  the  fourth;  Jackson,  Mason,  Putnam  and  Roane,  the  fifth; 
Kanawha,  Clay,  Nicholas,  Braxton  and  Webster,  the  sixth; 
Cabell,  Wayne,  Lincoln,  Boone,  Logan,  Wyoming,  McDowell  and 
Mercer,  the  seventh;  xMonroe,  Greenbrier,  Summers,  Pocahontas, 
Fayette  and  Raleigh,  the  eighth;  Lewis,  i Randolph,  Upshur, 
Barbour  Taylor  and  Tucker,  the  ninth;  Preston  and  Monongalia, 
the  tenth;  Hampshire,  Mineral,  Hardy,  Grant  and  Pendleton, 
the  eleventh;  Berkeley,  Morgan  and  Jefferson,  the  twelfth. 

6.  For  the  election  of  Delegates,  every  county  containing  a 
population  of  less  than  three-fifths  of  «the  ratio  of  representa- 
tion for  the  House  of  Delegates,  shall,  at  each  apportionment, 
be  attached  to  some  contiguous  county  or  counties,  to  form  a 
Delegate  District. 

7.  After  every  census  the  Delegates  shall  be  apportioned  as 

follows:  The  ratio  of  representation  for  the  House  of  Delegates 

shall  be  ascertained  by  dividing  the  whole  population  of  the 
State  by  the  number  of  which  the  House  is  to  consist  and 
rejecting  the  fraction  of  a unit,  if  any,  resulting  from  such 
division.  Dividing  the  population  of  every  Delegate  District, 
and  of  every  county  not  included  in  a Delegate  District,  by  the 
ratio  thus  ascertained,  there  shall  be  assigned  to  each  a number 
of  Delegates  equal  to  the  quotient  obtained  by  this  division, 
excluding  the  fractional  remainder.  The  additional  Delegates 
necessary  to  make  up  the  number  of  which  the  House  is  to  con- 
sist, shall  then  be  assigned  to  those  Delegate  Districts  and 
counties,  not  included  in  a Delegate  District,  which  wmuld 
otherwise  have  the  largest  fractions  unrepresented;  but  every 
Delegate  District,  and  county  not  included  in  a Delegate  Dis- 
trict, shall  be  entitled  to  at  least  one  Delegate. 


672 


CONSTITUTION  OF  WEST  VIROINIA. 


8.  Until  a new  apportionment  shall  be  declared,  the  counties 
of  Pleasants  and  Wood  shall  form  the  first  Delegate  District 
and  elect  three  Delegates;  Ritchie  and  Calhoun  the  second,  and 
elect  two  Delegates;  Barbour,  Harrison  and  Taylor  the  third, 
and  elect  one  Delegate;  Randolph  and  Tucker  the  fourth,  and 
elect  one  Delegate;  Nicholas,  Clay  and  Webster  the  fifth,  and 
elect  one  Delegate;  McDowell  and  Wyoming  the  sixth,  and  elect 
one  Delegate. 

9.  Until  a new  apportionment  shall  be  declared  the  apportion- 
ment of  Delegates  to  the  counties  not  included  in  Delegate  Dis- 
tricts, and  to  Barbour,  Harrison  and  Taylor  counties,  embraced 
in  such  districts,  shall  be  as  follows: 

To  Barbour,  Boone,  Braxton,  i Cabell,  Doddridge,  Fayette, 
Hampshire,  Hancock,  Jackson,  Lewis,  Logan,  Greenbrier,  Mon- 
roe, Mercer,  Mineral,  Morgan,  Grant,  Hardy,  Lincoln,  Pendleton, 
Putnam,  Roane,  Gilmer,  Taylor,  Tyler,  Upshur,  Wayne,  Wetzel, 
Wirt,  Pocahontas,  Summers  and  Raleigh  counties,  one  Delegate 
each. 

To  Berkeley,  Harrison,  Jefferson,  Marion,  Marshall,  Mason, 
Monongalia  and  Preston* counties,  two  Delegates  each. 

To  Kanawha  county,  three  Delegates. 

To  Ohio  county,  four  Delegates. 

10.  The  arrangement  of  the  Senatorial  and  Delegate  Dis- 
tricts, and  apportionment  of  Delegates,  shall  hereafter  be 
declared  by  law,  as  soon  as  possible  after  each  succeeding  census, 
taken  by  authority  of  the  United  States.  When  so  declared  they 
shall  apply  to  the  first  general  election  for  members  of  the  Leg- 
islature to  be  thereafter  held,  and  shall  continue  in  force 
unchanged  until  such  districts  shall  be  altered,  and  delegates 
apportioned,  under  the  succeeding  census. 

11.  Additional  territory  may  be  admitted  into,  and  become 
part  of  this  State,  with  the  consent  of  the  Legislature  and  a 
majority  of  the  qualified  voters  of  the  State,  voting  on  the  ques- 
tion. And  in  such  case  provision  shall  be  made  by  law  for  the 
representation  thereof  in  the  Senate  and  House  of  Delegats,  in 
conformity  with  the  principles  set  forth  in  this  Constitution. 
And  the  number  of  members  of  which  each  house  of  the  Legisla- 
ture is  to  consist,  shall  thereafter  be  increased  by  the  represen- 
tation assigned  to  such  additional  territory. 


CONSTITUTION  OF  WEST  VIRGINIA. 


673 


12.  No  person  shall  be  a Senator  or  Delegate  who  has  not 
for  one  year  next  preceding  his  election,  been  a resident  within 
the  district  or  county  from  which  he  is  elected;  and  if  a Senator 
or  Delegate  remove  from  the  district  or  county  from  which  he 
was  elected,  his  seat  shall  thereby  be  vacated. 

13.  No  person  holding  a lucrative  office  under  this  State,  the 
United  States  or  any  foreign  government;  no  member  of  Con- 
gress; no  person  who  is  a salaried  officer  of  any  railroad  com- 
pany, or  who  is  sheriff,  constable,  or  clerk  of  any  court  of  record, 
shall  be  eligible  to  a seat  in  the  Legislature. 

14.  No  person  who  has  been,  or  hereafter  shall  be  convicted 
of  bribery,  perjury  or  other  infamous  crime,  shall  be  eligible  to  a 
seat  in  the  Legislature.  No  person  who  may  have  collected  or 
been  intrusted  with  public  money,  whether  State  or  county, 
township,  district,  or  other  municipal  organization,  shall  be 
eligible  to  the  Legislature,  or  to  any  office  of  honor,  trust  or 
profit  in  this  State,  until  he  shall  have  duly  accounted  for  and 
paid  over  such  money  according  to  law. 

15.  No  Senator  or  Delegate,  during  the  term  for  which  he 
shall  have  been  elected,  shall  be  elected  or  appointed  to  any 
civil  office  of  profit  under  this  State,  which  has  been  created, 
or  the  emoluments  of  which  have  been  increased  during  such 
term,  except  offices  to  be  filled  by  election  by  the  people.  Nor 
shall  any  member  of  the  Legislature  be  interested,  directly  or 
indirectly,  in  any  contract  with  the  State,  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  term  for  which  he 
shall  have  been  elected. 

16.  Members  of  the  Legislature,  before  they  enter  upon  their 

duties,  shall  take  and  subscribe  the  following  oath  or  affirma- 
tion: “I  do  solemnly  swear  (or  affirm)  that  I will  support  the 

Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  West  Virginia,  and  faithfully  discharge  the  duties  of 
Senator  (or  Delegate),  according  to  the  best  of  my  ability;”  and 
they  shall  also  take  this  further  oath,  to  wit:  ^^I  will  not  accept 
or  receive,  directly  or  indirectly,  any  money  or  other  valuable 
thing  from  any  corporation,  company,  or  person,  for  any  vote  or 
influence  I may  give  or  withhold,  as  Senator  (or  Delegate)  on  any 
bill,  resolution  or  appropriation,  or  for  any  act  I may  do  or  per- 
form as  Senator  (or  Delegate).”  Those  oaths  shall  be  adminis- 

43 


G74 


CONSTITUTION  OF  WEST  VIKOINIA. 


tered  in  the  hall  of  the  house  to  which  the  member  is  elected, 
by  a judge  of  the  Supreme  Court  of  Appeals,  or  of  a Circuit 
Court,  or  by  any  other  person  authorized  by  law  to  administer  an 
oath;  and  the  Secretary  of  State  shall  record  and  file  said  oaths 
subscribed  by  each  member;  and  no  other  oath  or  declaration 
shall  be  required  as  a qualification.  Any  member  who  shall 
refuse  to  take  the  oath  herein  prescribed,  shall  forfeit  his  seat; 
and  any  member  who  shall  be  convicted  of  having  violated  the 
oath  last  above  required  to  be  taken,  shall  forfeit  his  seat  and  be 
disqualified  thereafter  from  holding  any  office  of  profit  or  trust 
in  this  State. 

17.  Members  of  the  Legislature,  shall,  in  all  cases  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session,  and  for  ten  days  before  and  after  the 
same;  and  for  words  spoken  in  debate,  or  on  any  report, 
motion  or  proposition  made  in  either  house,  a member  shall  not 
be  questioned  in  any  other  place. 

18.  The  Legislature  shall  assemble  at  the  seat  of  government 
biennially,  and  not  oftener,  unless  convened  by  the  Grovernor. 
The  first  session  of  the  Legislature,  after  the  adoption  of  this 
Constitution,  shall  commence  on  the  third  Tuesday  of  Novem- 
ber, 1872;  and  the  regular  biennial  session  of  the  Legislature 
shall  commence  on  the  second  Wednesday  of  January,  1875, 
and  every  two  years  thereafter  on  the  same  day. 

19.  The  Governor  may  convene  the  Legislature  by  proclama- 
tion whenever,  in  his  opinion,  the  public  safety  or  welfare  shall 
require  it.  It  shall  be  his  duty  to  convene  it,  on  application  in 
writing,  of  three-fifths  of  the  members  elected  to  each  house. 

20.  The  seat  of  government  shall  be  at  Charleston,  until 
otherwise  provided  by  law. 

21.  The  Governor  may  convene  the  Legislature  at  another 
place,  when,  in  his  opinion,  it  cannot  safely  assemble  at  the  seat 
of  Government,  and  the  Legislature  may,  when  in  session, 
adjourn  to  some  other  place,  when  in  his  opinion,  the  public 
safety  or  welfare,  or  the  safety  of  the  members,  or  their  health 
shall  require  it. 

22.  No  session  of  the  Legislature,  after  the  first,  shall  con- 
tinue longer  than  forty- five  days,  without  the  concurrence  of  two- 
thirds  of  the  members  elected  to  each  house. 


CONSTITUTION  OF  WEST  VIRGINIA. 


675 


23.  Neither  house  shall  during  the  session,  adjourn  for  more 
than  three  days,  without  the  consent  of  the  other.  Nor  shall 
either,  without  such  consent,  adjourn  to  any  other  place  than 
that  in  which  the  Legislature  is  sitting. 

24.  A majority  of  the  members  elected  to  each  house  of  the 
Legislature,  shall  constitute  a quorum.  But  a smaller  number 
may  adjourn  from  day  to  day,  and  shall  be  authorized  to  com- 
pel the  attendance  of  absent  members,  as  each  house  may  pro- 
vide. Each  house  shall  determine  the  rules  of  its  proceedings 
and  be  the  judge  of  the  elections,  returns  and  qualifications  of 
its  own  members.  The  Senate  shall  choose,  from  its  own  body, 
a President;  and  the  House  of  Delegates,  from  its  own  body  a 
Speaker.  Each  house  shall  appoint  its  own  officers,  and  remove 
them  at  pleasure.  The  oldest  Delegate  present  shall  call  the 
house  to  order,  at  the  opening  of  each  new  House  of  Delegates, 
and  preside  over  it  until  the  Speaker  thereof  shall  have  been 
chosen,  and  have  taken  his  seat.  The  oldest  member  of  the 
Senate  present  at  the  commencement  of  each  regular  session 
thereof,  shall  call  the  Senate  to  order,  and  preside  over  the  same 
until  a President  of  the  Senate  shaU  have  been  chosen,  and 
have  taken  his  seat. 

25.  Each  house  may  punish  its  own  members  for  disorderly 
behavior,  and  with  the  concurrence  of  two-thirds  of  the  members 
elected  thereto,  expel  a member,  but  not  twice  for  the  same 
offense. 

26.  Each  house  shall  have  power  to  provide  for  its  own 
safety,  and  the  undisturbed  transaction  of  its  business,  and  may 
punish,  by  imprisonment,  any  person  not  a member,  for  disre- 
spectful behavior  in  its  presence;  for  obstructing  any  of  its  pro- 
ceedings, or  any  of  its  officers  in  the  discharge  of  his  duties,  or 
for  any  assault,  threat  or  abuse  of  a member,  for  words  spoken 
in  debate.  But  such  imprisonment  shall  not  extend  beyond 
the  termination  of  the  session,  and  shall  not  prevent  the  punish- 
ment of  any  offense,  by  the  ordinary  course  of  law. 

27.  Laws  shall  be  enacted  and  enforced,  by  suitable  pro- 
visions and  penalties,  requiring  sheriffs,  and  all  other  officers, 
whether  State,  county,  district  or  municipal,  who  shall  collect 
or  receive,  or  whose  official  duty  it  is,  or  shall  be,  to  collect, 
receive,  hold  or  pay,  out  of  any  money  belonging  to,  or  which  is, 
or  shall  be,  for  the  use  of  the  State  or  any  county,  district  or 


676 


CONSTITUTION  OF  WEST  VIRGINIA. 


municipal  corporation,  to  make  annual  account  and  settlement 
therefor.  Such  settlement,  when  made,  shall  be  subject  to 
exceptions,  and  take  such  direction,  and  have  only  such  force 
and  effect,  as  may  be  provided  by  law;  but  in  all  cases,  such 
settlement  shall  be  recorded,  and  be  open  to  the  examination 
of  the  people  at  such  convenient  place  or  places  as  may  be 
appointed  by  law. 

28.  Bills  and  resolutions  may  originate  in  either  house,  but 
may  be  passed,  amended  or  rejected  by  the  other. 

29.  No  bill  shall  become  a law,  until  it  has  been  fully  and 

distinctly  read,  on  three  different  days,  in  each  house,  unless, 
in  case  of  urgency,  by  a vote  of  four-fifths  of  the  members 
present,  taken  by  yeas  and  nays  on  each  bill,  this  rule  be  dis- 
pensed with:  Provided,  in  all  cases,  that  an  engrossed  biU 

shall  be  fully  and  distinctly  read  in  each  house. 

30.  No  act  hereafter  passed,  shall  embrace  more  than  one 
object,  and  that  shall  be  expressed  in  the  title.  But  if  any 
object  shall  be  embraced  in  an  act  which  is  not  so  expressed, 
the  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not 
be  so  expressed,  and  no  law  shall  be  revived,  or  amended,  by 
reference  to  its  title  only;  but  the  law  revived,  or  the  section 
amended,  shall  be  inserted  at  large,  in  the  new  act.  And  no 
act  of  the  Legislature,  except  such  as  may  be  passed  at  the  first 
session  under  this  Constitution,  shall  take  effect  until  the  expira- 
tion of  ninety  days  after  its  passage,  unless  the  Legislature  shall 
by  a vote  of  two-thirds  of  the  members  elected  to  each  house, 
taken  by  yeas  and  nays,  otherwise  direct. 

31.  When  a bill  or  joint  resolution,  passed  by  one  house, 
shall  be  amended  by  the  other,  the  question  on  agreeing  to  the 
bill,  or  joint  resolution,  as  amended,  shall  be  again  voted  on, 
by  yeas  and  nays,  in  the  house  by  which  it  was  originally 
passed,  and  the  result  entered  upon  its  journals;  in  all  such 
cases,  the  affirmative  vote  of  a majority  of  all  the  members 
elected  to  each  house  shall  be  necessary. 

32.  Whenever  the  words,  a majority  of  the  members  elected 
to  either  house  of  the  Legislature,”  or  words  of  like  import,  are 
used  in  this  Constitution,  they  shall  be  construed  to  mean  a 
majority  of  the  whole  number  of  members  to  which  each  house 
is,  at  the  time,  entitled,  under  the  apportionment  of  representa- 
tion, established  by  the  provisions  of  this  Constitution. 


CONSTITUTION  OF  WEST  VIKGINIA. 


677 


33.  The  members  of  the  Legislature  shall  each  receive  for 
their  services  the  sum  of  four  dollars  per  day  and  ten  cents  for 
each  mile  traveled  in  going  to  and  returning  from  the  seat  of 
government  by  the  most  direct  route.  The  Speaker  of  the  House 
of  Delegates  and  the  President  of  the  Senate,  shall  each  receive 
an  additional  compensation  of  two  dollars  per  day  for  each  day 
they  shall  act  as  presiding  officers.  No  other  allowance  or 
emolument  than  that  by  this  section  provided  shall  directly  or 
indirectly  be  made  or  paid  to  the  members  of  either  house  for 
postage,  stationery,  newspapers,  or  any  other  purpose  whatever. 

34.  The  Legislature  may  provide  by  law  that  the  fuel, 
stationery  and  printing  paper,  furnished  for  the  use  of  the  State; 
the  copying,  printing,  binding  and  distributing  the  laws  and 
journals;  and  all  other  printing  ordered  by  the  Legislature, 
shall  be  let  by  contract  to  the  lowest  responsible  bidder,  bidding 
under  a maximum  price  to  be  fixed  by  the  Legislature;  and  no 
member  or  officer  thereof,  or  officer  of  the  State,  shall  be  inter- 
ested, directly  or  indirectly,  in  such  contract,  but  all  such  con- 
tracts shall  be  subject  to  the  approval  of  the  Governor,  and  in 
case  of  his  disapproval  of  any  such  contract,  there  shall  be  a 
reletting  of  the  same  in  such  manner  as  may  be  prescribed  by 
law. 

35.  The  State  of  West  Virginia  shall  never  be  made  defendant 
in  any  court  of  law  or  equity. 

36.  The  Legislature  shall  have  no  power  to  authorize  lotteries 
or  gift  enterprise  for  any  purpose,  and  shall  pass  laws  to  pro- 
hibit the  sale  of  lottery  or  gift  enterprise  tickets  in  this  State. 

37.  No  law  shall  be  passed  after  the  election  of  any  public 
officer,  which  shall  operate  to  extend  the  term  of  his  office. 

38.  No  extra  compensation  shall  be  granted  or  allowed  to 

any  public  officer,  agent,  servant  or  contractor,  after  the  services 
shall  have  been  rendered  or  the  contract  made;  nor  shall  any 
Legislature  authorize  the  payment  of  any  claim  or  part  thereof, 
hereafter  created  against  the  State,  under  any  agreement  or 
contract  made,  without  express  authority  of  law;  and  all  such 
unauthorized  agreements  shall  be  null  and  void.  Nor  shall  the 
salary  of  any  public  officer  be  increased  or  diminished  during  his 
term  of  office,  nor  shall  any  such  officer,  or  his  or  their  sureties, 
be  released  from  any  debt  or  liability  due  to  the  State:  Pro- 


678 


CONSTITUTION  OF  WEST  VIRGINIA. 


vided,  The  Legislature  may  make  appropriations  for  expendi- 
tures hereafter  incurred  in  suppressing  insurrection,  or  repelling 
invasion. 

39.  The  Legislature  shall  not  pass  special  or  local  laws  in  any 
of  the  following  enumerated  cases,  that  is  to  say,  for 

Granting  divorces; 

Laying  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating,  or  changing  county  seats; 

Regulating  or  changing  county  or  district  affairs; 

Providing  for  the  sale  of  church  property,  or  property  held  for 
charitable  uses; 

Regulating  the  practice  in  courts  of  justice; 

Incorporating  cities,  towns  or  villages^  or  amending  the 
charter  of  any  city,  town  or  village,  containing  a population  of 
less  than  two  thousand; 

Summoning  or  impaneling  grand  or  petit  juries; 

The  opening  or  conducting  of  any  election,  or  designating  the 
place  of  voting. 

The  sale  and  mortgage  of  real  estate  belonging  to  minors,  or 
others  under  disability; 

Chartering,  licensing,  or  establishing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Changing  the  law^  of  descent; 

Regulating  the  rate  of  interest; 

Authorizing  deeds  to  be  made  for  land  sold  for  taxes; 

Releasing  taxes; 

Releasing  title  to  forfeited  lands. 

The  Legislature  shall  provide,  by  general  laws,  for  the  fore- 
going and  all  other  cases  for  wLich  provision  can  be  so  made; 
and  in  no  case  shall  a special  act  be  passed,  w^here  a general 
law  would  be  proper,  and  can  be  made  applicable  to  the  case, 
nor  in  any  other  case  in  which  the  courts  have  jurisdiction, 
and  are  competent  to  give  the  relief  asked  for. 

40.  The  Legislature  shall  not  confer  upon  any  court,  or 
judge,  the  power  of  appointment  to  office,  further  than  the  same 
is  herein  provided  for. 

41.  Each  house  shall  keep  a journal  of  its  proceedings, 
and  cause  the  same  to  be  published  from  time  to  time,  and  all 
bills  and  joint  resolutions  shall  be  described  therein,  as  well 


CONSTITUTION  OF  WEST  VIRGINIA. 


679 


by  their  title  as  their  number,  and  the  yeas  and  nays  on  any 
question,  if  called  for  by  one-tenth  of  those  present,  shall  be 
entered  on  the  journal. 

42.  Bills  making  appropriations  for  the  pay  of  members  and 
officers  of  the  Legislature,  and  for  salaries  for  the  officers  of  the 
government,  shall  contain  no  provision  on  any  other  subject. 

43.  The  Legislature  shall  never  authorize  or  establish  any 
board  or  court  of  registration  of  voters. 

44.  In  all  elections  to  office  which  may  hereafter  take  place 
in  the  Legislature,  or  in  any  county,  or  municipal  body,  the  A^ote 
shall  be  viva  voce,  and  be  entered  on  its  journals. 

45.  It  shall  be  the  duty  of  the  Legislature,  at  its  first  session 

after  the  adoption  of  this  Constitution,  to  provide,  by  law,  for 
the  punishment  by  imprisonment  in  the  penitentiary,  of  any 
person  who  shall  bribe,  or  attempt  to  bribe,  any  executiA^e  or 
judicial  officer  of  this  State,  or  any  member  of  the  Legislature 
in  order  to  influence  him,  in  the  performance  of  any  of  his  official 
or  public  duties;  and  also  to  provide  by  law  for  the  punishment 
by  imprisonment  in  the  penitentiary,  of  any  of  said  officers,  or  any 
member  of  the  Legislature,  who  shall  demand,  or  receive,  from 
any  corporation,  company  or  person,  any  money,  testimonial, 
or  other  valuable  thing,  for  the  performance  of  his  official  or 
public  duties,  or  for  refusing  or  failing  to  perform  the  same, 
or  for  any  Amte  or  influence  a member  of  the  Legislature  may 
give  or  withhold  as  such  member;  and  also  to  proAude  by  law 
for  compelling  any  person,  so  bribing  or  attempting  to  bribe, 
or  so  demanding  or  receiving  a bribe,  fee,  reward,  or  testimonial, 
to  testify  against  any  person  or  persons,  who  may  have  com- 
mitted any  of  said  offenses:  ProAuded,  That  any  person  so  com- 

pelled to  testify,  shall  be  exempted  from  trial  and  punishment 
for  the  offense  of  which  he  may  have  been  guilty,  and  concern- 
ing which  he  is  compelled  to  testify;  and  any  person  conAucted 
of  any  of  the  offenses  specified  in  this  section,  shall,  as  a part  of 
the  punishment  thereof,  be  forever  disqualified  from  holding 
any  office  or  position  of  honor,  trust,  or  profit  in  this  State. 

46.  Laws  may  be  passed  regulating  or  prohibiting  the  sale  of 
intoxicating  liquors  within  the  limits  of  this  State. 

47.  No  charter  of  incorporation  shall  be  granted  to  any 
church  or  religious  denomination.  ProAusions  may  be  made  by 
general  laws  for  securing  the  title  to  church  property,  and  for  the 


680 


CONSTITUTION  OF  WEST  VIKGINIA. 


sale  and  transfer  thereof,  so  that  it  shall  be  held,  used  or  trans- 
ferred for  the  purposes  of  such  church,  or  religious  denomination. 

48.  Any  husband  or  parent,  residing  in  this  State,  or  the 

infant  children  of  deceased  parents,  may  hold  a homestead  of  the 
value  of  one  thousand  dollars,  and  personal  property  to  the 
value  of  two  hundred  dollars,  exempt  from  forced  sale  subject 
to  such  regulations  as  shall  be  prescribed  by  law:  Provided, 

That  such  homestead  exemption  shall  in  no  wise  effect  debts  or 
liabilities  existing  at  the  time  of  the  adoption  of  this  Constitu- 
tion: And  provided  further,  that  no  property  shall  be  exempt 
from  sale  for  taxes  due  thereon,  or  for  the  payment  of  purchase- 
money  due  upon  said  property,  or  for  debts  contracted  for  the 
erection  of  improvements  thereon. 

49.  The  Legislature  shall  pass  such  laws  as  may  be  necessary 
to  protect  the  property  of  married  women  from  the  debts,  liabili- 
ties and  control  of  their  husbands. 

50.  The  Legislature  may  provide  for  submitting  to  a vote  of 
the  people  at  the  general  election  to  be  held  in  1876,  or  at  any 
general  election  therafter,  a plan  or  scheme  of  proportional 
representation  in  the  Senate  of  this  State;  and  if  a majority  of 
the  votes  cast  at  such  election  be  in  favor  of  the  plan  submitted 
to  them,  the  Legislature  shall,  at  its  session  succeeding  such 
election,  rearrange  the  Senatorial  Districts  in  accordance  with 
the  plan  so  approved  by  the  people. 

AETICLE  VII. 

Executive  Department. 

1.  The  Executive  Department  shall  consist  of  a Governor, 
Secretary  of  State,  vState  Superintendent  of  Free  Schools, 
Auditor,  Treasurer  and  Attorney-General,  who  shall  be  ex  efficio. 
Reporter  of  the  Court  of  Appeals.  Their  terms  of  office,  respec- 
tively, shall  be  four  years,  and  shall  commence  on  the  fourth 
day  of  ^larch,  next  after  their  election.  They  shall,  except 
the  Attorney-General,  reside  at  the  seat  of  government  during 
their  terms  of  office,  and  keep  there  the  public  records,  books 
and  papers  pertaining  to  their  respective  offices,  and  shall  per- 
form such  duties  as  may  be  prescribed  by  law. 


CONSTITUTION  OF  WEST  VIKOINIA.  681 

Election. 

2.  An  election  for  GoverDor,  State  Superintendent  of  Free 
Schools,  Auditor,  Treasurer  and  Attorney-General,  shall  be  held 
at  such  times  and  places  as  may  be  prescribed  in  this  Constitu- 
tion or  by  general  law. 

3.  The  returns  of  every  election  for  the  above-named  officers 
shall  be  sealed  up  and  transmitted  by  the  returning  officers  to 
the  Secretary  of  State,  directed  “ to  the  Speaker  of  the  House  of 
Delegates,”  who  shall,  immediately  after  the  organization  of 
the  house  and  before  proceeding  to  business,  open  and  publish 
the  same,  in  the  presence  of  a majority  of  each  house  of  the 
Legislature,  which  shall  for  that  purpose,  assemble  in  the  hall 
of  the  House  of  Delegates.  The  person  having  the  highest 
number  of  votes  for  either  of  said  offices,  shall  be  declared  duly 
elected  thereto;  but  if  two  or  more  have  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  the  Legislature  shall, 
by  joint  vote,  choose  one  of  such  persons  for  said  ofQce.  Con- 
tested elections  for  the  office  of  Governor,  shall  be  determined 
by  both  houses  of  the  Legislature  by  joint  vote,  in  such  manner 
as  may  be  prescribed  by  law.  The  Secretary  of  State  shall 
be  appointed  by  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  shall  continue  in  office,  unless  sooner 
removed,  until  the  expiration  of  the  official  term  of  the  Governor 
by  whom  he  shall  have  been  appointed. 

Eligibility. 

4.  Neither  the  Governor,  State  Superintendent  of  Free 
Schools,  Auditor,  Treasurer,  nor  Attorney-General,  shall  hold 
any  other  office  during  the  term  of  his  service.  The  Governor 
shall  be  ineligible  to  said  office  for  the  four  years  next  succeed- 
ing the  term  for  which  he  was  elected. 

5.  The  chief  executive  power  shall  be  vested  in  the  Gov- 
ernor, who  shall  take  care  that  the  laws  be  faithfully  executed. 

6.  The  Governor  shall  at  the  commencement  of  each  session, 
give  to  the  Legislature  information  by  message,  of  the  condi- 
tion of  the  State,  and  shall  recommend  such  measures  as  he 
shall  deem  expedient.  He  shall  accompany  his  message  with 
a statement  of  all  money  received  and  paid  out  by  him,  from 
any  funds,  subject  to  his  order,  with  vouchers  therefor;  and 
at  the  commencement  of  each  regular  session  present  estimates 
of  the  amount  of  money  required  by  taxation  for  all  purposes. 


682 


CONSTITUTION  OF  VTE^T  VIRGINIA. 


7.  The  Governor  may  on  extraordinary  occasions  convene, 
at  his  own  instance,  the  Legislature;  but  when  so  convened  it 
shall  enter  upon  no  business  except  that  stated  in  the  proclama- 
tion by  w hich  it  wms  called  together. 

8.  The  Governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  Senate  (a  majority  of  all  the  Senators  elected 
concurring  by  yeas  and  nays),  appoint  all  officers  whose  offices 
are  established  by  this  Constitution,  or  shall  be  created  by  law, 
and  whose  appointment  or  election  is  not  otherwise  provided 
for;  and  no  such  officers  shall  be  appointed  or  elected  by  the 
Legislature. 

9.  In  case  of  a vacancy  during  the  recess  of  the  Senate,  in 
any  office  which  is  not  elective,  the  Governor  shall,  by  appoint- 
ment, fill  such  vacancy,  until  the  next  meeting  of  the  Senate, 
when  he  shall  make  a nomination  for  such  office,  and  the  per- 
son so  nominated,  when  confirmed  by  the  Senate  (a  majority  of 
all  the  Senators  elected  concurring  by  yeas  and  nays),  shall  hold 
his  office  during  the  remainder  of  the  term,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified.  No  person,  after  being 
rejected  by  the  Senate,  shall  be  again  nominated  for  the  same 
office,  during  the  same  session,  unless  at  the  request  of  the 
Senate;  nor  shall  such  person  be  appointed  to  the  same  office 
during  the  recess  of  the  Senate. 

10.  The  Governor  shall  have  powder  to  remove  any  officer 
whom  he  may  appoint  in  case  of  incompetency,  neglect  of  duty, 
gross  immorality,  or  malfeasance  in  office;  and  he  may  declare 
his  office  vacant  and  fill  the  same  as  herein  provided  in  other 
cases  of  vacancy. 

11.  The  Governor  shall  have  powder  to  remit  fines  and  penal- 
ties in  such  cases  and  under  such  regulations  as  may  be  pre- 
scribed by  law;  to  commute  capital  punishment  and,  except 
where  the  prosecution  has  been  carried  on  by  the  House  of  Dele- 
gates, to  grant  reprieves  and  pardons  after  conviction;  but  he 
shall  communicate  to  the  Legislature  at  each  session  the  par- 
ticulars of  every  case  of  fine  or  penalty  remitted,  of  punishment 
commuted  and  of  reprieve  or  pardon  granted,  with  his  reasons 
therefor. 

12.  The  Governor  shall  be  commander-in-chief  of  the  mili- 
tary forces  of  the  kState  (except  wiien  they  shall  be  called  into 


CONSTITUTION  OF  WEST  VIKGINIA. 


683 


the  service  of  the  United  States),  and  may  call  out  the  same  to 
execute  the  laws,  suppress  insurrection  and  repel  invasion. 

13.  When  any  State  officer  has  executed  his  official  bond, 
the  Governor  shall,  for  such  causes  and  in  such  manner  as  the 
Legislature  may  direct,  require  of  such  officer  reasonable  addi- 
tional security;  and  if  the  security  is  not  given  as  required,  his 
office  shall  be  declared  vacant,  in  such  manner  as  may  be  pro- 
vided by  law. 

14.  Every  bill  passed  by  the  Legislature  shall,  before  it 
becomes  a law,  be  presented  to  the  Governor.  If  he  approve, 
he  shall  sign  it,  and  thereupon  it  shall  become  a law ; but  if  not, 
he  shall  return  it,  with  his  objections,  to  the  house  in  which  it 
originated,  which  house  shall  enter  the  objections  at  large  upon 
its  journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, a majority  of  the  members  elected  to  that  house, 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions to  the  other  house,  by  which  it  shall  likewise,  be  recon- 
sidered, and  if  approved  by  a majority  of  the  members  elected 
to  that  house,  it  shall  become  a law,  notwithstanding  the  objec- 
tions of  the  Governor.  But  in  all  such  cases  the  vote  of  each 
house  shall  be  determined  by  yeas  and  nays  to  be  entered  on 
the  journal.  Any  bill  which  shall  not  be  returned  by  the  Gov- 
ernor within  five  days  (Sunday  excepted)  after  it  shall  have 
been  presented  to  him,  shall  be  a law,  in  like  manner  as  if  he 
had  signed  it,  unless  the  Legislature  shall,  by  their  adjournment 
prevent  its  return,  in  which  case  it  shall  be  filed  with  his  objec- 
tions, in  the  office  of  the  Secretary  of  State,  wuthin  five  days  after 
such  adjournment,  or  become  a law. 

15.  Every  bill  passed  by  the  Legislature  making  appropria- 
tions of  money,  embracing  distinct  items,  shall  before  it  becomes 
a law,  be  presented  to  the  Governor  ; if  he  disapprove  the  bill, 
or  any  item  or  appropriation  therein  contained,  he  shall  com- 
municate such  disapproval  with  his  reasons  therefor  to  the 
house  in  which  the  bill  originated;  but  all  items  not  disap- 
proved shall  have  the  force  and  effect  of  law  according  to  the 
original  provisions  of  the  bill. — Any  item  or  items  so  disap- 
proved shall  be  void,  unless  repassed  by  a majority  of  each 
house  according  to  the  rules  and  limitations  prescribed  in  the 
preceding  section  in  reference  to  other  bills. 


084 


CONSTITUTION  OF  TV^EST  VIROINIA. 


16.  In  case  of  the  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation  or  other  disability  of  the  Grovernor,  the 
President  of  the  Senate  shall  act  as  Governor  until  the  vacancy 
is  filled,  or  the  disability  removed;  and  if  the  President  of  the 
Senate,  for  any  of  the  above  named  causes,  shall  become  incap- 
able of  performing  the  duties  of  Governor,  the  same  shall 
devolve  upon  the  Speaker  of  the  House  of  Delegates;  and  in 
all  other  cases  where  there  is  no  one  to  act  as  Governor,  one 
shall  be  chosen  by  joint  vote  of  the  Legislature.  Whenever  a 
vacancy  shall  occur  in  the  office  of  Governor  before  the  first 
three  years  of  the  term  shall  have  expired,  a new  election  for 
Governor  shall  take  place  to  fill  the  vacancy. 

17.  If  the  office  of  Auditor,  Treasurer,  State  Superintendent 
of  Free  Schools  or  Attorney-General  shall  become  vacant  by 
death,  resignation,  or  otherwise,  it  shall  be  the  duty  of  the  Gov- 
ernor to  fill  the  same  by  appointment,  and  the  appointee  shall 
hold  his  office  until  his  successor  shall  be  elected  and  qualified 
in  such  manner  as  may  be  provided  by  law\  The  subordinate 
officers  of  the  Executive  Department  and  the  officers  of  all 
public  institutions  of  the  State  shall  keep  an  account  of  all 
moneys  received  or  disbursed  by  them  respectively,  from  all 
sources,  and  for  every  service  performed,  and  make  a semi- 
annual report  thereof  to  the  Governor  under  oath  or  affirmation; 
and  any  officer  who  shall  willfully  make  a false  report  shall  be 
deemed  guilty  of  perjury. 

18.  The  subordinate  officers  of  the  Executive  Department  and 
the  officers  of  all  the  public  institutions  of  the  State,  shall,  at 
least  ten  days  preceding  each  regular  session  of  the  Legislature, 
severally  report  to  the  Governor,  who  shall  transmit  such  report 
to  the  Legislature;  and  the  Governor  may  at  any  time  require 
information  in  writing,  under  oath,  from  the  officers  of  his 
department,  and  all  officers  and  managers  of  State  institutions, 
upon  any  subject  relating  to  the  condition,  management  and 
expenses  of  their  respective  offices. 

19.  The  Governor  shall  receive  for  his  services  a salary  of 
twenty-seven  hundred  dollars  per  annum,  and  no  additional 
emolument,  allowance  or  perquisite  shall  be  paid  or  made  to  him, 
on  any  account.  Any  person  acting  as  Governor  shall  receive 
the  emoluments  of  that  office.  The  Secretary  of  State  shall 
receive  one  thousand:  the  State  Superintendent  of  Free  Schools, 


CONSTITUTION  OF  WEST  VIRGINIA. 


685 


fifteen  hundred;  the  Treasurer,  fourteen  hundred;  the  Auditor, 
two  thousand,  and  the  Attorney-General  thirteen  hundred  dol- 
lars per  annum;  and  no  additional  emolument  or  allowance, 
except  as  herein  otherwise  provided,  shall  be  paid  or  made  out 
of  the  treasury  of  the  State  to  any  of  the  foregoing  executive 
officers  on  any  account. 

ARTICLE  VIII. 

Judicial  Departmen  t. 

1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
Supreme  Court  of  Appeals,  in  circuit  courts  and  the  judges 
thereof,  in  such  inferior  tribunals  as  are  herein  authorized  and 
in  justices  of  the  peace. 

2.  The  Supreme  Court  of  Appeals  shall  consist  of  four  judges, 
any  three  of  whom  shall  be  a quorum  for  the  transaction  of 
business.  They  shall  be  elected  by  the  voters  of  the  State  and 
hold  their  office  for  the  term  of  twelve  years,  unless  sooner 
removed  in  the  manner  prescribed  by  this  constitution,  except 
that  the  judges  in  office  when  this  article  takes  effect  shall 
remain  therein  until  the  expiration  of  their  present  term  of 
office. 

3.  It  shall  have  original  jurisdiction  in  cases  of  habeas  cor- 
pus, mandamus,  and  prohibition.  It  shall  have  appellate  juris- 
diction in  civil  cases  where  the  matter  in  controversy,  exclusive 
of  costs,  is  of  greater  value  or  amount  than  one  hundred  dollars; 
in  controversies  concerning  the  title  of  boundaries  of  land,  the 
probate  of  wills,  the  appointment  or  qualification  of  a personal 
representative,  guardian,  committee  or  curator;  or  concerning  a 
mill,  road,  way,  ferry  or  landing;  or  the  right  of  a corporation 
or  county  to  levy  tolls  or  taxes;  and  also  in  cases  of  quo  war- 
ranto, habeas  corpus,  mandamus,  certiorari  and  prohibition, 
and  in  cases  involving  freedom  or  the  constitutionality  of  a law. 
It  shall  have  appellate  jurisdiction  in  criminal  cases  where  there 
has  been  a conviction  for  felony  or  misdemeanor  in  a circuit 
court,  and  where  a conviction  has  been  had  in  any  inferior 
court  and  been  affirmed  in  a circuit  court,  and  in  cases  relating 
to  the  public  revenue,  the  right  of  appeal  shall  belong,  to  the 
State  as  well  as  the  defendant,  and  such  other  appellate  juris- 
diction, in  both  civil  and  criminal  cases,  as  may  be  prescribed 
by  law. 


686 


CONSTITUTION  OF  WEST  VIROINIA. 


4.  No  decision  rendered  by  the  Supreme  Court  of  Appeals 
shall  be  considered  as  binding  authority  upon  any  of  the  inferior 
courts  of  this  State,  except  in  the  particular  case  decided, 
unless  such  decision  is  concurred  in  by  at  least  three  judges 
of  said  court. 

5.  When  a judgment  or  decree  is  reversed  or  affirmed  by 
the  Supreme  Court  of  Appeals,  every  point  fairly  arising  upon 
the  record  of  the  case  shall  be  considered  and  decided;  and  the 
reasons  therefor  shall  be  concisely  stated  in  writing  and  pre- 
served with  the  record  of  the  case;  and  it  shall  be  the  duty 
of  the  court  to  prepare  a syllabus  of  the  points  adjudicated  in 
each  case  concurred  in  by  three  of  the  judges  thereof,  which 
shall  be  prefixed  to  the  published  report  of  the  case. 

6.  A writ  of  error,  supersedeas,  or  appeal  shall  be  allowed 
only  by  the  Supreme  Court  of  Appeals,  or  a judge  thereof,  upon 
a petition  assigning  error  in  the  judgment  or  proceedings  of  the 
inferior  court  and  then  only  after  said  court  or  judge  shall  have 
examined  and  considered  the  record  and  assignment  of  errors, 
and  is  satisfied  that  there  is  error  in  the  same,  or  that  it  pre- 
sents a point  proper  for  the  consideration  of  the  Supreme  Court 
of  Appeals. 

7.  If  from  any  cause  a vacancy  shall  occur  in  the  Supreme 
Court  of  Appeals  the  Governor  shall  issue  a writ  of  election 
to  fill  such  vacancy  at  the  next  general  election  for  the  residue 
of  the  term,  and  in  the  meantime  he  shall  fill  such  vacancy  by 
appointment  until  a judge  is  elected  and  qualified.  But  if  the 
unexpired  term  be  less  than  two  years  the  Governor  shall  fill 
such  vacancy  by  appointment  for  the  unexpired  term. 

S.  The  officers  of  the  Supreme  Court  of  Appeals,  except  the 
reporter,  shall  be  appointed  by  the  court,  or  in  vacation  by  the 
judges  thereof,  with  the  power  of  removal;  their  duties  and 
compensation  shall  be  prescribed  by  law. 

9.  There  shall  be  at  least  two  terms  of  the  Supreme  Court 
of  Appeals  held  annually  at  such  times  and  places  as  may  be 
prescribed  by  law. 

10.  The  State  shall  be  divided  into  thirteen  circuits.  For 
the  circuit  hereinafter  called  the  first,  two  judges  shall  be 
elected,  and  for  each  of  the  other  circuits  one  judge  shall  be 
elected  bv  the  voters  thereof.  Each  of  the  judges  so  elected 


CONSTITUTION  OF  WEST  VIRGINIA. 


687 


shall  hold  his  office  for  the  term  of  eight  years  unless  sooner 
removed  in  the  manner  prescribed  in  this  Constitution.  The 
judges  of  the  circuit  courts  in  office  when  this  article  takes 
effect  shall  remain  therein  until  the  expiration  of  the  term  for 
which  they  have  been  elected  in  the  circuits  in  which  they  may 
respectively  reside,  unless  sooner  removed  as  aforesaid.  A 
vacancy  in  the  office  of  a judge  of  the  circuit  court  shall  be 
filled  in  the  same  manner  as  is  provided  for  in  the  case  of  a 
vacancy  in  the  office  of  a judge  of  the  Supreme  Court  of  Appeals, 
during  his  continuance  in  office  the  judge  of  the  circuit  court 
shall  reside  in  the  circuit  in  which  he  is  judge.  The  business 
of  the  first  circuit  may  be  apportioned  between  the  judges 
tliereof,  and  such  judges  may  hold  courts  in  the  same  county 
or  in  different  counties  within  the  circuit  at  the  same  time  or 
at  different  times  as  may  be  prescribed  by  law. 

11.  A circuit  court  shall  be  held  in  every  county  in  the  State 
at  least  three  times  in  each  year,  and  provisions  may  be  made 
b;/  law  for  holding  special  terms  of  said  court.  A judge  of  any 
circuit  may  hold  the  courts  in  another  circuit. 

12.  The  circuit  court  shall  have  the  supervision  and  coilrol 
of  aU  proceedings  before  justices  and  other  inferior  tribunals, 
by  3iiandamus,  prohibition  and  certiorari.  They  shall,  ex^o-a  in 
cases  confiued  exclusively  by  this  Constitution  to  some  other 
tribunal,  have  original  and  general  jurisdiction  of  all  matters 
at  law  where  the  amount  in  controversy,  exclusive  of  interest, 
exceeds  fifty  dollars;  of  all  cases  of  habeas  corpus,  mandamus, 
quo  w'arranto  and  prohibition ; and  of  all  cases  in  equity,  and  of 
all  crimes  and  misdemeanors.  They  shall  have  appellate  juris- 
diction in  all  cases,  civil  and  criminal,  wffiere  an  appeal,  writ 
of  error  or  supersedeas  may  be  allow^ed  to  the  judgment  or 
proceedings  of  any  inferior  tribunal.  They  shall  also  have  such 
other  jurisdiction,  whether  supervisory,  original,  appellate,  or 
concurrent,  as  is  or  may  be  prescribed  by  law. 

13.  Until  otherwise  provided  by  law^,  the  State  shall  be 
divided  into  the  following  circuits:  The  counties  of  Brooke, 
Hancock,  Ohio  and  Marshall  shall  constitute  the  first  circuit; 
the  counties  of  Monongalia,  Marion  and  Harrison,  the  second; 
the  counties  of  Preston,  Taylor,  Barbour,  Tucker  and  Randolph, 
the  third;  the  counties  of  Wetzel,  Tyler,  Ritchie  and  Doddridge, 
the  fourth;  the  counties  of  Wood,  Wirt  and  Pleasants,  the  fifth; 


688 


CONSTITUTION  OF  WEST  VIRGINIA. 


the  comities  of  Clay,  Gilmer,  Jackson,  Roane  and  Calhoun,  the 
sixth;  the  counties  of  Putnam*  Kanawha  and  Mason,  the 
seventh;  the  counties  of  Cabell,  Wayne,  Lincoln  and  Logan, 
the  eighth;  the  counties  of  McDowell,  Mercer,  Raleigh,  Wyom- 
ing and  Boone,  the  ninth;  the  counties  of  Greenbrier,  Monroe, 
Summers,  Fayette  and  Pocahontas,  the  tenth;  the  counties 
of  Upshur,  Lewis,  Braxton,  Nicholas  and  Webster,  the  eleventh; 
the  counties  of  Grant,  Hardy,  Hampshire,  Mineral  and  Pendle- 
ton, the  twelfth;  the  counties  of  Jefferson,  Berkeley  and  Morgan, 
the  thirteenth. 

14.  The  Legislature  may  rearrange  the  circuits  herein  pro- 
vided for  at  any  session  thereof,  next  preceding  any  general 
election  of  the  judges  of  said  circuits,  and  after  the  year  one 
thousand  eight  hundred  and  eighty-eight,  may,  at  any  such 
session,  increase  or  diminish  the  number  thereof. 

15.  The  Legislature  shall  provide  by  law’  for  holding  regular 
and  special  terms  of  the  circuit  courts,  where  from  any  cause 
the  judge  shall  fail  to  attend,  or,  if  in  attendance,  cannot  prop- 
erly preside. 

General  Provisions. 

16.  All  judges  shall  be  commissioned  by  the  Governor.  The 

salary  of  a judge  of  the  Supreme  Court  of  Appeals  shall  be 
two  thousand  tw^o  hundred  dollars  per  annum,  and  that  of  a 
judge  of  the  circuit  court  shall  be  one  thousand  eight  hundred 
dollars  per  annum;  and  each  shall  receive  the  same  mileage 
as  members  of  the  Legislature:  Provided,  That  Ohio  county 

may  pay  an  additional  sum  per  annum  to  the  judges  of  the  cir- 
cuit court  thereof;  but  such  allowance  shall  not  be  increased  or 
diminished  during  the  term  of  office  of  the  judge'  to  w^hom  it 
may  have  been  made.  No  judge,  during  his  term  of  office,  shall 
practice  the  profession  of  law’  or  hold  any  other  office,  appoint- 
ment or  public  trust,  under  this  or  any  other  government,  and 
the  acceptance  thereof  ^ shall  vacate  his  judicial  office.  Nor 
shall  he,  during  his  continuance  therein,  be  eligible  to  any 
political  office. 

17.  Judges  may  be  removed  from  office  by  a concurrent  vote 
of  both  houses  of  the  Legislature,  wdien  from  age,  disease,  mental 
or  bodily  infirmity  or  intemperance,  they  are  incapable  of  dis- 
charging the  duties  of  their  office.  But  tw’O-thirds  of  all  the 


CONSTITUTION  OF  WEST  VIRGINIA. 


(389 


members  elected  to  each  house  must  concur  in  such  vote,  and  the 
cause  of  removal  shall  be  entered  upon  the  journal  of  each 
house.  The  judge  against  Avlioin  the  Legislature  may  be  about 
to  proceed  shall  receive  notice  thereof,  accompanied  with  the 
cause  alleged  for  his  removal,  at  least  twenty  days  before  the 
day  on  which  action  is  proposed  to  be  taken  tlierein. 

18.  The  voters  of  each  county  shall  elect  a clerk  of  the  cir- 
cuit court,  whose  term  of  office  shall  be  six  years;  his  duties 
and  compensation  and  the  manner  of  removing  him  from  office 
shall  be  prescribed  by  law;  and  when  a vacancy  shall  occur  in 
the  office,  the  circuit  court  or  the  judge  thereof  in  vacation 
shall  fill  the  same  by  appointment  until  the  next  general  elec- 
tion. In  any  case  in  respect  to  which  the  clerk  shall  be  so 
situated  as  to  make  it  improper  for  him  to  act,  the  said  court 
shall  appoint  a clerk  to  act  therein.  The  clerks  of  said  courts  in 
office  when  this  article  takes  effect,  shall  remain  therein  for  the 
term  for  which  they  w^ere  elected,  unless  sooner  removed  in 
the  manner  prescribed  by  law. 

19.  The  Legislature  may  establish  courts  of  limited  juris- 
diction within  any  county,  incorporated  city,  town  or  village, 
with  the  right  of  appeal  to  the  circuit  court,  subject  to  such 
limitations  as  may  be  prescribed  by  law;  and  all  courts  of 
limited  jurisdiction  heretofore  established  in  any  county,  incor- 
porated city,  town  or  village,  shall  remain  as  at  present  consti- 
tuted until  otherwise  provided  by  law.  The  municipal  court  of 
Wheeling  shall  continue  in  existence  until  otherwise  provided 
by  law,  and  said  court  and  the  judge  thereof  shall  exercise  the 
powders  and  jurisdiction  heretofore  conferred  upon  them;  and 
appeals  in  civil  cases  from  said  court  shall  lie  directly  to  the 
Supreme  Court  of  Appeals. 

20.  No  citizen  of  this  State  who  aided  or  participated  in  the 
late  w^ar  between  the  government  of  the  United  States  and  a 
part  of  the  people  thereof,  on  either  side,  shall  be  liable  in  any 
proceeding,  civil  or  criminal;  nor  shall  his  property  be  seized 
or  sold  under  final  process  issued  upon  judgments  or  decrees 
heretofore  rendered,  or  otherwise,  because  of  any  act  done  in 
accordance  with  the  usages  of  civilized  warfare  in  the  prosecu- 
tion of  said  war.  The  Legislature  shall  provide,  by  general  laws, 
for  giving  full  force  and  effect  to  this  section. 

44 


690 


CONSTITUTION  OF  WEST  VIKGINIA. 


21.  Such  parts  of  the  common  law,  and  of  the  laws  of  this 
State  as  are  in  force  when  this  article  goes  into  operation,  and 
are  not  repugnant  thereto,  shall  be  and  continue  the  law  of 
the  State  until  altered  or  repealed  by  the  Legislature.  All 
civil  and  criminal  suits  and  proceedings  pending  in  the  former 
circuit  courts  of  this  State,  shall  remain  and  be  proceeded  in 
before  the  circuit  courts  of  the  counties  in  which  they  were 
pending. 

County  Courts. 

22.  There  shall  be  in  each  county  of  the  State  a county 
court,  composed  of  three  commissioners,  and  two  of  said  com- 
missioners shall  be  a quorum  for  the  transaction  of  business. 

It  shall  hold  four  regular  sessions  in  each  year,  at  such  times 
as  may  be  fixed  upon  and  entered  of  record  by  the  said  court. 
Provisions  may  be  made  by  law  for  holding  special  sessions 
of  said  court. 

23.  The  commissioners  shall  be  elected  by  the  voters  of  the 
county,  and  hold  their  office  for  the  term  of  six  years,  except 
that  at  the  first  meeting  of  said  commissioners  they  shall  desig- 
nate by  lot,  or  otherwise,  in  such  manner  as  they  may  determine, 
one  of  their  number,  who  shall  hold  his  office  for  the  term  of 
two  years,  one  for  four  years,  and  one  for  six  years,  so  that  one 
shall  be  elected  every  two  years.  But  no  two  of  said  commis-  ; 
sioners  shall  be  elected  from  the  same  magisterial  district.  And  ‘ 
if  two  or  more  persons  residing  in  the  same  district  shall 
receive  the  greater  number  of  votes  cast  at  any  election,  then 
only  the  one  of  such  persons  receiving  the  highest  number  shall 

be  declared  elected,  and  the  person  living  in  another  district, 
who  shall  receive  the  next  highest  number  of  votes,  shall  be 
declared  elected.  Said  commissioners  shall  annually  elect  one 
of  their  number  as  President,  and  each  shall  receive  two  dollars 
per  day  for  his  services  in  court,  to  be  paid  out  of  the  county 
treasury. 

24.  The  county  courts,  through  their  clerks,  shall  have  the  ‘ 

custody  of  all  deeds  and  other  papers  presented  for  record  in 
their  counties,  and  the  same  shall  be  preserved  therein,  or  i 

otherwise  disposed  of,  as  now  is  or  may  be  prescribed  by  law.  V 

They  shall  have  jurisdiction  in  all  matters  of  probate,  the  r 
appointment  and  qualification  of  personal  representatives,  guar- 
dians, committees,  curators,  and  the  settlement  of  their  accounts,  I 


CONSTITUTION  OF  WEST  VUiOINIA.  mi 

and  in  all  matters  relating  to  apprentices.  They  shall  also, 
under  such  regulations  as  may  be  prescribed  by  law,  have  the 
superintendence  and  administration  of  the  internal  police  and 
fiscal  affairs  of  their  counties,  including  the  establishment  and 
regulation  of  roads,  ways,  bridges,  public  landings,  ferries  and 
mills,  with  authority  to  lay  and  disburse  the  county  levies. 
Provided,  That  no  license  for  the  sale  of  intoxicating  liquors 
in  any  incorporated  city,  town  or  village,  shall  be  granted  with- 
out the  consent  of  the  municipal  authorities  thereof,  first  had 
and  obtained.  They  shall,  in  all  cases  of  contest,  judge  of  the 
election,  qualification  and  returns  of  their  own  members,  and 
of  all  county  and  district  officers,  subject  to  such  regulations, 
by  appeal  or  otherwise,  as  may  be  prescribed  by  law.  Such 
courts  may  exercise  such  other  powers,  and  perform  such  other 
duties,  not  of  a judicial  nature,  as  may  be  prescribed  by  law. 
And  provision  may  be  made,  under  such  regulations  as  may  be 
prescribed  by  law,  for  the  probate  of  wills,  and  for  the  appoint- 
ment and  qualification  of  personal  representatives,  guardians, 
committees  and  curators  during  the  recess  of  the  regular  ses- 
sions of  the  county  court.  Such  tribunals  as  have  been  hereto- 
fore established  by  the  Legislature  under  and  by  virtue  of  the 
thirty-fourth  section  of  the  eighth  article  of  the  Constitution 
of  one  thousand  eight  hundred  and  seventy-two,  for  police  and 
fiscal  purposes,  shall  until  otherwise  provided  by  law,  remain 
and  continue  as  at  present  constituted  in  the  counties  in  which 
they  have  been  respectively  established,  and  shall  be  and  act 
as  to  police  and  fiscal  matters  in  lieu  of  the  county  court  created 
by  this  article  until  otherwise  provided  by  law.  And,  until 
otherwise  provided  by  law  such  clerk  as  is  mentioned  in  the 
twenty-sixth  section  of  this  article,  shall  exercise  any  powers 
and  discharge  any  duties  heretofore  conferred  on,  or  required 
of,  any  court  or  tribunal  established  for  judicial  purposes  under 
the  said  article  and  section  of  the  Constitution  of  one  thousand 
eight  hundred  and  seventy-two,  or  the  clerk  of  such  court  or 
tribunal  respectively,  respecting  the  recording  and  preservation 
of  deeds  and  other  papers  presented  for  record,  matters  of  pro- 
bate, the  appointment  and  qualification  of  personal  representa- 
tives, guardians,  committees,  curators  and  the  settlement  of 
their  accounts,  and  in  all  matters  relating  to  apprentices. 


692 


CONSTITUTION  OF  WEST  VIKOINIA. 


25.  All  actions,  suits  and  proceedings  not  embraced  in  the 
next  preceding  section,  pending  in  a county  court  when  this 
article  takes  effect,  together  with  the  records  and  papers  pertain- 
ing thereto,  as  well  as  all  records  and  papers  pertaining  to  such 
actions,  suits  and  proceedings,  as  have  already  been  disposed  of 
by  said  courts,  shall  be  transmitted  to  and  filed  with  the  clerk 
of  the  circuit  court  of  the  county,  to  which  office  all  process 
outstanding  at  the  time  this  article  goes  into  operation  shall  be 
returned;  and  said  clerk  shall  have  the  same  power  and  shall 
perform  the  same  duties  in  relation  to  such  records,  papers  and 
proceedings  as  were  vested  in  and  required  of  the  clerk  of  the 
county  court  on  the  day  before  this  article  shall  take  effect. 
All  such  actions,  suits  and  proceedings  so  pending  as  aforesaid, 
shall  be  docketed,  proceeded  in,  tried,  heard  and  determined 
in  all  respects  by  the  circuit  court,  as  if  such  suits  and  pro- 
ceedings had  originated  in  said  court. 

26.  The  voters  of  each  county  shall  elect  a clerk  of  the 
county  court,  whose  term  of  office  shall  be  six  years.  His 
duties  and  compensation  and  the  manner  of  his  removal  shall 
be  prescribed  by  law.  But  the  clerks  of  said  courts,  now  in 
office,  shall  remain  therein  for  the  term  for  which  they  have 
been  elected,  unless  sooner  removed  therefrom  in  the  manner 
prescribed  by  law. 

27.  Each  county  shall  be  laid  off  into  districts,  not  less  than 
three  nor  more  than  ten  in  number,  and  as  nearly  equal  as  may 
be  in  territory  and  population.  There  shall  be  elected  in  each 
district  containing  a population  not  exceeding  twelve  hundred, 
one  justice  of  the  peace,  and  if  the  population  exceeds  that 
number,  two  such  justices  shall  be. elected  therein.  Every  justice 
shall  reside  in  the  district  for  which  he  wms  elected  and  hold 
his  office  for  the  term  of  four  years,  unless  sooner  removed  in  the 
manner  prescribed  by  law.  The  districts  as  they  now  exist 
shall  remain  till  changed  by  the  county  court. 

28.  The  civil  jurisdiction  of  a justice  of  the  peace  shall 
extend  to  actions  of  assumpsit,  debt,  detinue  and  trover,  if  the 
amount  claimed,  exclusive  of  interest,  does  not  exceed  three 
hundred  dollars.  The  jurisdiction  of  justices  of  the  peace  shall 
extend  throughout  their  county;  they  shall  be  conservators  of 
the  peace  and  have  such  jurisdiction  and  powers  in  criminal 
cases  as  may  be  prescribed  by  law.  And  justices  of  the  peace 


CONSTITUTION  OF  WEST  VIRGINIA. 


693 


shall  have  authority  to’  take  the  acknowledgment  of  deeds 
and  other  writings,  administer  oaths  and  take  and  certify  de- 
positions. And  the  Legislature  may  give  to  justices  such  addi- 
tional civil  jurisdiction  and  powers  within  their  respective 
counties  as  may  be  deemed  expedient,  under  such  regulations 
and  restrictions  as  may  be  prescribed  by  general  law,  except 
that  in  suits  to  recover  money  or  damages  their  jurisdiction  and 
powers  shall  in  no  case  exceed  three  hundred  dollars.  Appeal 
shall  be  allowed  from  judgments  of  justices  of  the  peace  in  such 
manner  as  may  be  prescribed  by  law. 

29.  The  Legislature  shall,  upon  the  application  of  any  county, 
reform,  alter  or  modify  the  county  court  established  by  this 
article  in  such  county,  and  in  lieu  thereof,  with  the  assent  of  a 
majority  of  the  voters  of  such  county  voting  at  an  election, 
create  another  tribunal  for  the  transaction  of  the  business 
required  to  be  performed  by  the  county  court  created  by  this 
article;  and  in  such  case  all  the  provisions  of  this  article  in 
relation  to  the  county  court  shall  be  applicable  to  the  tribunal 
established  in  lieu  of  said  court.  And  when*  such  tribunal  has 
been  established  it  shall  continue  to  act  in  lieu  of  the  county 
court  until  otherwise  provided  by  law. 

30.  The  office  of  commissioner  and  justice  of  the  peace  shall 
be  deemed  incompatible.  Vacancies  in  the  office  of  commis- 
sioner, clerk  of  the  county  court  and  justices  of  the  peace  shall 
be  filled  by  the  county  court  of  the  county  until  the  next  general 
election. 

ARTICLE  IX. 

County  Organization. 

1.  The  voters  of  each  county  shall  elect  a Surveyor  of  Lands, 
a I'rosecuting  Attorney,  a Sheriff,  and  one  and  not  more  than 
two  Assessors,  who  shall  hold  their  respective  offices  for  the 
term  of  four  years. 

2.  There  shall  also  be  elected  in  each  district  of  the  county, 
by  the  voters  thereof,  one  constable,  and  if  the  i)opulation  of  any 
district  shall  exceed  twelve  hundred,  an  additional  constable, 
whose  term  of  office  shall  be  four  years,  and  whose  powers  as 
such  shall  extend  throughout  their  county.  The  assessors  shall, 
with  the  advice  and  consent  of  the  county  court,  have  the  power 
to  appoint  one  or  more  assistants.  Coroners,  overseers  of  the 


694 


CONSTITUTION  OF  WEST  VIKOINIA. 


poor  and  surveyors  of  roads  shall  be  appointed  by  the  county 
court.  The  foregoing  officers,  except  the  prosecuting  attorneys, 
shall  reside  in  the  county  and  district  for  which  they  shall  be 
respectively  elected. 

3.  The  same  person  shall  not  be  elected  sheriff  for  two  con- 
secutive full  terms;  nor  shall  any  person  who  acted  as  his 
deputy  be  elected  successor  to  such  sheriff,  nor  shall  any  sheriff 
act  as  deputy  of  his  successor;  nor  shall  he,  during  his  term  of 
service,  or  within  one  year  thereafter,  be  eligible  to  any  other 
office.  The  retiring  sheriff  shall  finish  all  business  remaining 
in  his  hands,  at  the  expiration  of  his  term;  for  which  purpose 
his  commission  and  official  bond  shall  remain  in  force.  The 
duties  of  the  office  of  sheriff  shall  be  performed  by  him  in  person, 
or  under  his  superintendence. 

4.  The  presidents  of  the  county  courts,  the  justices  of  the 
peace,  sheriffs,  prosecuting  attorneys,  clerks  of  the  circuit  and 
of  the  county  courts,  and  all  other  county  officers  shall  be  sub- 
ject to  indictment  for  malfeasance,  misfeasance,  or  of  neglect  of 
official  duty,  and  on  conviction  thereof  their  offices  shall  become 
vacant. 

5.  The  Legislature  shall  provide  for  commissioning  such  of 
the  officers  herein  mentioned,  as  it  may  deem  proper,  not  pro- 
vided for  in  this  Constitution,  and  may  require  any  class  of 
them  to  give  bond  with  securitj^  for  the  faithful  discharge  of 
their  respective  offices. 

6.  It  shall  further  provide  for  the  compensation,  the  duties 
and  responsibilities  of  such  officers,  and  may  provide  for  the 
appointment  of  their  deputies  and  assistants  by  general  laws. 

7.  The  president  of  the  county  court  and  every  justice  and 
constable  shall  be  a conservator  of  the  peace  throughout  his 
county. 

8.  No  new  county  shall  hereafter  be  formed  in  this  State 
with  an  area  of  less  than  four  hundred  square  miles,  nor  with  a 
population  of  less  than  six  thousand;  nor  shall  any  county, 
from  which  a new  county,  or  part  thereof,  shall  be  taken,  be 
reduced  in  area  below  four  hundred  square  miles,  nor  in  popula- 
tion below  six  thousand.  Nor  shall  a new  county  be  formed 
without  the  consent  of  a majority  of  the  voters  residing  within 
the  boundary  of  the  proposed  new  county,  and  voting  on  the 
question. 


CONSTITUTION  OF  WEST  VIKOINIA. 


695 


ARTICLE  X. 

TcLcation  and  Finance. 

1.  Taxation  shall  be  equal  and  uniform  throughout  the  State, 
and  all  property,  both  real  and  personal,  shall  be  taxed  in  pro- 
portion to  its  value,  to  be  ascertained  as  directed  by  law.  No 
one  species  of  property  from  which  a tax  may  be  collected,  shall 
be  taxed  higher  than  any  other  species  of  property  of  equal 
value;  but  property  used  for  educational,  literary,  scientific, 
religious  or  charitable  purposes;  all  cemeteries  and  public  prop- 
erty may,  by  law,  be  exempted  from  taxation.  The  Legislature 
shall  have  power  to  tax,  by  uniform  and  equal  laws,  all  privi- 
leges and  franchises  of  persons  and  corporations. 

2.  The  Legislature  shall  levy  an  annual  capitation  tax  of 
one  dollar  upon  each  male  inhabitant  of  the  State  who  has 
attained  the  age  of  twenty-one  years,  which  shall  be  annually 
appropriated  to  the  support  of  free  schools.  Persons  afflicted 
with  bodily  infirmity  may  be  exempt  from  this  tax. 

3.  No  money  shall  be  drawn  from  the  treasury  but  in  pur- 
suance of  an  appropriation  made  by  law,  and  on  a warrant 
issued  thereon  by  the  Auditor;  nor  shall  any  money  or  fund 
be  taken  for  any  other  purpose  than  that  for  Avhich  it  has  been 
or  may  be  appropriated  or  provided.  A complete  and  detailed 
statement  of  the  receipts  and  expenditures  of  the  public  moneys, 
shall  be  published  annually. 

4.  No  debt  shall  be  contracted  by  this  State,  except  to  meet 
casual  deficits  in  the  revenue,  to  redeem  a previous  liability  of 
the  State,  to  suppress  insurrection,  repel  invasion  or  defend  the 
State  in  time  of  war;  but  the  payment  of  any  liability  other  than 
that  for  the  ordinary  expenses  of  the  State,  shall  be  equally 
distributed  over  a period  of  at  least  twenty  years. 

5.  The  power  of  taxation  of  the  Legislature  shall  extend 
to  provisions  for  the  payment  of  the  State  debt,  and  interest 
thereon,  the  support  of  free  schools,  and  the  payment  of  the 
annual  estimated  expenses  of  the  State;  but  whenever  any 
deficiency  in  the  revenue  shall  exist  in  any  year,  it  shall,  at  the 
regular  session  thereof  held  next  after  the  deficiency  occurs, 
levy  a tax  for  the  ensuing  year,  sufficient,  with  the  other  sources 
of  income,  to  meet  such  deficiency,  as  well  as  the  estimated 
expenses  of  such  year. 


CONSTITUTION  OF  WEST  VIEGINIA. 


(m 

().  The  credit  of  the  State  shall  not  be  granted  to,  or  in  aid 
of  any  county,  city,  township,  corporation  or  person;  nor  shall 
the  State  ever  assume,  or  become  responsible  for  the  debts  or 
liabilities  of  any  county,  city,  townshij),  corporation  or  person; 
nor  shall  the  State  ever  hereafter  become  a joint  owner,  or 
stockholder,  in  any  company  or  association  in  this  State  or  else- 
where, formed  for  any  purpose  whatever. 

7.  County  authorities  shall  never  assess  taxes,  in  any  one 
year,  the  aggregate  of  which  shall  exceed  ninety-five  cents  per 
one  hundred  dollars  valuation,  except  for  the  support  of  free 
schools;  payment  of  indebtedness  existing  at  the  time  of  the 
adoption  of  this  Constitution;  and  for  the  payment  of  any  indebt- 
edness, wuth  the  interest  thereon,  created  under  the  succeeding 
section,  unless  such  assessment,  with  all  questions  involving 
the  increase  of  such  aggregate,  shall  have  been  submitted  to 
the  vote  of  the  people  of  the  county,  and  have  received  three- 
fifths  of  all  the  votes  cast  for  and  against  it. 

8.  No  county,  city,  school  district,  or  municipal  corporation, 

except  in  cases  where  such  corporations  have  already  authorized 
their  bonds  to  be  issued,  shall  hereafter  be  allowed  to  become 
indebted,  in  any  manner,  or  for  any  purpose,  to  an  amount, 
including  existing  indebtedness,  in  the  aggregate  exceeding 
five  per  centum  on  the  value  of  the  taxable  property  therein 
to  be  ascertained  by  the  last  assessment  for  State  and  county 
taxes,  previous  to  the  incurring  of  such  indebtedness;  nor  with- 
out, at  the  same  time,  providing  for  the  collection  of  a direct 
annual  tax,  sufficient  to  pay,  annually,  the  interest  on  such  debt, 
and  the  principal  thereof,  within,  and  not  exceeding  thirty-four 
years:  Provided,  That  no  debt  shall  be  contracted  under  this 

section,  unless  all  questions  connected  with  the  same,  shall  have 
been  first  submitted  to  a vote  of  the  people,  and  have  received 
three-fifths  of  all  the  votes  cast  for  and  against  the  same. 

9.  The  Legislature  may,  by  law,  authorize  the  corporate 
authorities  of  cities,  towns  and  villages,  for  corporate  purposes, 
to  assess  and  collect  taxes;  but  such  taxes  shall  be  uniform, 
with  respect  to  jiersons  and  property  within  the  jurisdiction  of 
the  authority  imposing  the  same. 


CONSTITUTION  OF  WEST  VIRGINIA. 


697 


ARTICLE  XI. 

Corporations. 

1.  The  Legishiture  shall  provide  for  the  organization  of  all 

c’orporations  hereafter  to  be  created,  by  general  laws,  uniform 
as  TO  the  class  to  which  they  relate;  but  no  corporation  shall 
be  created  by  special  law:  Provided,  That  nothing  in  this  sec- 

tion contained,  shall  prevent  the  Legislature  from  providing  by 
special  laws  for  the  connection,  by  canal,  of  the  waters  of  the 
Chesapeake  with  the  Ohio  river  by  line  of  the  James  river, 
Greenbrier,  New  riA^er  and  Great  Kanawha. 

2.  The  stockholders  of  all  cor])orations  and  joint  stock  com- 
panies, except  banks  and  banking  institutions,  created  by  law-s 
of  This  State,  shall  be  liable  for  the  indebtedness  of  such  cor- 
porations to  the  amount  of  their  stock  subscribed  and  unpaid, 
and  no  more. 

o.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges  under  which  organization  shall  not  haA^e  taken  place, 
or  which  shall  not  liaA^e  been  in  operation  Avithin  tAvo  years  from 
the  Time  this  Constitution  takes  effect,  shall  thereafter  liaA^e  no 
A'alidity  of  eft'ect  AvhateA'er  : Pro  Aided,  That  nothing  herein 

shall  preA^ent  the  execution  of  any  bona  fide  contract  heretofore 
lawfully  made  in  relation  to  any  existing  charter  or  grant  in 
this  State. 

4.  The  Legislature  shall  proAude  by  law  that  in  all  elections 

for  directors  or  managers  of  incorporated  companies,  every  stock- 
holder shall  IniA^e  the  right  to  A'ote,  in  person  or  by  proxy,  for  the 
number  of  shares  of  stock  owned  by  him,  for  as  many  persons 
as  There  are  directors  or  managers  to  be  elected,  or  to  cumulate 
said  shares  and  gWe  one  candidate  as  many  A'otes  as  the  number 
of  directors  multiplied  by  the  number  of  his  shares  of  stock, 
shall  equal,  or  to  distribute  them  on  the  same  principle  among 
as  many  candidates  as  he  shall  think  fit:  And  STich  directors  or 

managers  shall  not  be  elected  in  any  other  manner. 

5.  No  laAv  shall  be  passed  by  the  Legislature,  granting  the 
right  to  construct  and  operate  a street  railroad  Avithin  any  city, 
town  or  incorporated  village,  Avithout  requiring  the  consent 
of  The  local  authorities  having  the  control  of  the  street  or  high- 
way, proposed  to  be  occupied  by  such  street  railroad. 


G98 


CONSTITUTION  OF  WEST  VIRGINIA. 


Banks. 

6.  The  Legislature  may.  provide,  hy  a general  banking  law, 
for  the  creation  and  organization  of  banks  of  issue  or  circula- 
tion, but  the  stockholders  of  any  bank  hereafter  authorized  by 
the  laws  of  this  State,  whether  of  issue,  deposit  or  discount,  shall 
be  personally  liable  to  the  creditors  thereof,  over  and  above  the 
amount  of  stock  held  by  them  respective!}^  to  an  amount  equal 
to  their  respective  shares  so  held,  for  all  its  liabilities  accruing 
while  they  are  such  stockholders. 

Bailroads. 

7.  Every  railroad  corporation  organized  or  doing  business 
in  this  State  shall  annually,  by  their  proper  officers,  make  a 
report  under  oath,  to  the  auditor  of  public  accounts  of  this 
State,  or  some  officer  to  be  designated  by  law,  setting  forth  the 
condition  of  their  affairs,  the  ox)erations  of  the  year,  and  such 
other  matters  relating  to  their  respective  railroads  as  may  be 
prescribed  by  law.  The  Legislature  shall  pass  laws  enforcing 
by  suitable  penalties  the  provisions  of  this  section. 

8.  The  rolling  stock  and  all  other  moveable  jjroperty  belong- 
ing to  any  railroad  company  or  corporation  in  this  State  shall 
be  considered  personal  property  and  shall  be  liable  to  execution 
and  sale  in  the  same  manner  as  the  personal  property  of  indi- 
viduals; and  the  Legislature  shall  pass  no  law  exempting  any 
such  property  from  execution  and  sale. 

9.  Railroads  heretofore  constructed,  or  that  may  hereafter 
be  constructed  in  this  State,  are  hereby  declared  public  high- 
ways and  sliall  be  free  to  all  persons  for  the  transportation  of 
their  persons  and  property  thereon,  under  such  regulations  as 
sliall  be  prescribed  by  law;  and  the  Legislature  shall,  from  time 
to  time,  ])ass  laws,  applicable  to  all  railroad  corporations  in  the 
State,  establishing  reasonable  maximum  rates  of  charges  for  the 
transportation  of  passengers  and  freights,  and  providing  for  the 
correction  of  abuses,  the  prevention  of  unjust  discriminations 
between  through  and  local  or  way  freight  and  passenger  tariffs, 
and  for  the  protection  of  the  just  rights  of  the  public,  and  shall 
enforce  such  laws  by  adequate  penalties. 

10.  The  L(\gislature  shall,  in  the  law  regulating  railway  com- 
panies, require  I'ailroads  running  through,  or  within  a half  mile 


CONSTITUTION  OF  WEST  VIKGINIA. 


G99 


of  a town  or  village,  containing  three  hundred  or  more  inhabi- 
tants, to  establish  stations  for  the  accommodation  of  trade  and 
travel  of  said  town  or  village. 

11.  No  railroad  corporation  shall  consolidate  its  stock,  pro^j- 
erty  or  franchise  with  any  other  railroad  owning  a parallel  or 
competing  line,  or  obtain  the  possession  or  control  of  such  par- 
allel or  competing  line,  by  lease  or  other  contract,  without  the 
permission  of  the  Legislature. 

12.  The  exercise  of  the  power  and  the  right  of  eminent 
domain  shall  never  be  so  construed  or  abridged  as  to  prevent  the 
taking,  by  the  Legislature,  of  the  property  and  franchises  of 
incorporated  companies  already  organized,  and  subjecting  them 
to  the  public  use,  the  same  as  of  individuals. 

AETICLE  XII. 

Education. 

1.  The  Legislature  shall  provide,  by  general  law,  for  a thorough 
and  efficient  system  of  free  schools. 

2.  The  State  Superintendent  of  Free  Schools  shall  have  a 

general  supervision  of  free  schools,  and  perform  such  other 
duties  in  relation  thereto  as  may  be  prescribed  by  law.  If  in 
the  performance  of  any  such  duty  imposed  upon  him  by  the  Leg- 
islature he  shall  incur  any  expenses,  he  shall  be  reimbursed 
therefor:  Provided,  The  amount  does  not  exceed  five  hundred 

dollars  in  any  one  year. 

3.  The  Legislature  may  provide  for  county  superintendents 
and  such  other  officers  as  may  be  necessary  to  carry  out  the 
objects  of  this  article  and  define  their  duties,  powers  and 
compensation. 

4.  The  existing  permanent  and  invested  school  fund,  and 
all  money  accruing  to  this  State  from  forfeited,  delinquent,  waste 
and  unappropriated  lands;  and  from  lands  heretofore  sold  for 
taxes  and  purchased  by  the  State  of  Virginia,  if  hereafter 
redeemed  or  sold  to  others  than  this  State;  all  grants,  devises  or 
bequests  that  may  be  made  to  this  State  for  the  purposes  of  edu- 
cation or  where  the  purposes  of  such  grants,  devises  or  bequests 
are  not  specified;  this  State’s  just  share  of  the  literary  fund  of 
Virginia,  whether  paid  over  or  otherwise  liquidated;  and  any 
sums  of  money,  stocks  or  property  which  this  State  shall  have 
the  right  to  claim  from  the  State  of  Virginia  for  educational 


700 


CONSTITUTION  OF  WEST  VIKOINIA. 


purposes;  the  proceeds  of  the  estates  of  persons  who  may  die 
without  leading  a will  or  heir,  and  of  all  escheated  lands;  the 
proceeds  of  any  taxes  that  may  he  levied  on  the  revenues  of  any 
corporation;  all  moneys  that  may  he  paid  as  an  equivalent  for 
the  exemption  from  military  duty;  and  such  sums  as  may  from 
time  to  time  he  appropriated  hy  the  Legislature  for  the  purpose, 
shall  he  set  apart  as  a separate  fund,  to  he  called  the  “ School 
Fund,”  and  invested  under  such  regulations  as  may  he  prescribed 
hy  law,  in  the  interest-hearing  securities  of  the  United  States, 
or  of  this  State,  or  if  such  interest-hearing  securities  cannot  he 
obtained,  then  said  “ School  Fund  ” shall  he  invested  in  such 
other  solvent,  interest-bearing  securities  as  shall  he  approved 
hy  the  Governor,  Superintendent  of  Free  Schools,  Auditor  and 
Treasurer,  who  are  hereby  constituted  the  Board  of  the  School 
Fund,’’  to  manage  the  same  under  such  regulations  as  may  he 
prescribed  by  law;  and  the  interest  thereof  shall  he  annually 
applied  to  the  support  of  free  schools  throughout  the  State, 
and  to  no  other  purpose  whatever.  But  any  portion  of  said 
interest  remaining  unexpended  at  the  close  of  a fiscal  year 
shall  be  added  to  and  remain  a part  of  the  capital  of  the  School 
Fund:”  Provided,  That  all  taxes  which  shall  he  received  by 
the  State  upon  delinquent  lands,  except  the  taxes  due  to  the 
State  thereon,  shall  he  refunded  to  the  county  or  district  by  or 
for  which  the  same  were  levied. 

5.  The  Legislature  ' shall  provide  for  the  support  of  free 
schools,  hy  appropriating  thereto  the  interest  of  the  invested 
School  Fund,”  the  net  proceeds  of  all  forfeitures  and  fines 
accruing  to  this  State  under  the  laws  thereof;  the  State  capita- 
tion tax,  and  hy  general  taxation  of  persons  and  property  or 
otherwise.  It  shall  also  provide  for  raising  in  each  county  or 
district,  hy  the  authority  of  the  people  thereof,  such  a proportion 
of  the  amount  required  for  the  support  of  free  schools  therein  as 
shall  he  prescribed  hy  general  laws. 

u.  The  school  districts  into  which  any  county  is  now  divided 
shall  continue  until  changed  in  pursuance  of  law. 

7.  All  levies  that  may  he  laid  hy  any  county  or  district  for 
the  purposes  of  free  schools  shall  he  reportd  to  the  clerk  of  the 
county  court,  and  shall,  under  such  regulations  as  may  he  pre- 
scyil)od  hy  law,  he  collected  by  the  sheriff,  or  other  collector,  who 


CONSTITUTION  OF  WEST  VIRGINIA. 


701 


shall  make  annual  settlement  with  the  county  court;  which 
settlements  shall  he  made  a matter  of  record  by  the  clerk 
thereof,  in  a book  to  be  kept  for  that  purpose. 

8.  White  and  colored  persons  shall  not  be  taught  in  the  same 
school. 

9.  No  person  connected  with  the  free  school  system  of  the 

State,  or  with  any  educational  institution  of  any  name  or  grade 
under  State  control,  shall  be  interested  in  the  sale,  proceeds  or 
profits  of  any  book  or  other  thing  used,  or  to  be  used  therein, 
under  such  penalties  as  may  be  prescribed  by  law:  Provided, 

That  nothing  herein  shall  be  construed  to  apply  to  any  work 
written,  or  thing  invented,  by  such  person. 

10.  No  independent  free  school  district  or  organization  shall 
hereafter  be  created,  except  with  the  consent  of  the  school  dis- 
trict or  districts  out  of  which  the  same  is  to  be  created,  expressed 
by  a majority  of  the  voters  voting  on  the  question. 

11.  No  appropriation  shall  hereafter  be  made  to  any  State 
Normal  school,  or  branch  thereof,  except  to  those  already  estab- 
lished and  in  operation,  or  now  chartered. 

12.  The  Legislature  shall  foster  and  encourage,  moral,  intel- 
lectual, scientific  and  agricultural  improvement;  it  shall,  when- 
ever it  may  be  practicable,  make  suitable  provision  for  the 
blind,  mute  and  insane,  and  for  the  organization  of  such  insti- 
tutions of  learning  as  the  best  interests  of  general  education 
in  the  State  may  demand. 

ARTICLE  XIII. 

Land  Titles. 

1.  All  private  rights  and  interest  in  lands  in  this  State 
derived  from  or  under  the  law^s  of  the  State  of  Virginia,  and 
from  or  under  the  Constitution  and  laws  of  this  State  prior  to 
the  time  this  Constitution  goes  into  operation,  shall  remain 
valid  and  secure  and  shall  be  determined  by  the  laws  in  force  in 
Virginia,  prior  to  the  formation  of  this  State,  and  by  the  Con- 
stitution and  laws  in  force  in  this  State  prior  to  the  time  this 
Constitution  goes  into  effect. 

2.  No  entry  by  warrant  on  land  in  this  State  shall  hereafter 
be  made. 


702 


CONSTITUTION  OF  WEST  VIKGINIA. 


3.  All  title  to  lands  in  this  State  heretofore  forfeited,  or 
treated  as  forfeited,  waste  and  unappropriated,  or  escheated  to 
the  State  of  Virginia,  or  this  State,  or  purchased  by  either  of 
said  States  at  sales  made  for  the  non-payment  of  taxes  and 
become  irredeemable,  or  hereafter  forfeited,  or  treated  as  for- 
feited, or  escheated  to  this  State,  or  purchased  by  it  and  become 
irredeemable,  not  redeemed,  released  or  otherwise  disposed  of, 
vested  and  remaining  in  this  State,  shall  be,  and  is  hereby 
transferred  to,  and  vested  in  any  person  (other  than  those  for 
whose  default  the  same  may  have  been  forfeited  or  returned 
delinquent,  their  heirs  or  devisees,)  for  so  much  thereof  as  such 
person  has,  or  shall  have  had  actual  continuous  possession  of, 
under  color  or  claim  of  title  for  ten  years,  and  who,  or  those 
under  whom  he  claims,  shall  have  paid  the  State  taxes  thereon 
for  any  five  years  during  such  possession;  or  if  there  be  no  such 
person,  then  to  any  person  (other  than  those  for  whose  default 
the  same  may  have  been  forfeited,  or  returned  delinquent,  their 
heirs  or  devisees,)  for  so  much  of  said  land  as  such  person  shall 
have  title  or  claim  to,  regularly  derived,  mediately  or  immedi- 
ately from,  or  under  a grant  from  the  Commonwealth  of  Virginia 
of  this  State,  nor  forfeited,  which  but  for  the  title  forfeited 
would  be  valid,  and  who,  or  those  under  whom  he  claims  has, 
or  shall  have  paid  all  State  taxes  charged  or  chargeable  thereon 
for  five  successive  years,  after  the  year  1865,  or  from  the  date  of 
the  grant,  if  it  shall  have  issued  since  that  year;  or  if  there 
be  no  such  person,  as  aforesaid,  then  to  any  person  (other  than 
those  for  whose  default  the  same  may  have  been  forfeited,  or 
returned  delinquent,  their  heirs  or  devisees,)  for  so  much  of  said 
land  as  such  person  shall  have  had  claim  to  and  actual  continu- 
ous possession  of  under  the  color  of  title  for  any  five  successive 
years  after  the  year  1865,  and  have  paid  all  State  taxes  charged 
or  chargeable  thereon  for  said  period. 

4.  All  lands  in  this  State,  waste  and  unappropriated,  or 
heretofore  or  hereafter  for  any  cause  forfeited,  or  treated  as 
forfeited,  or  escheated  to  the  State  of  Virginia,  or  this  State, 
or  purchased  by  either  and  become  irredeemable,  not  redeemed, 
released,  transferred  or  otherwise  disposed  of,  the  title  whereto 
shall  remain  in  this  State  till  such  sale  as  is  hereinafter  men- 
tioned be  made,  shall  by  proceedings  in  the  circuit  court  of  the 


CONSTITUTION  OF  WEST  VIRGINIA. 


703 


county  in  which  the  lands,  or  a part  thereof,  are  situated,  be 
sold  to  the  highest  bidder. 

5.  The  former  owner  of  any  such  land  shall  be  entitled 
to  receive  the  excess  of  the  sum  for  which  the  land  may  be  sold 
over  the  taxes  charged  and  chargeable  thereon,  or  which,  if  the 
land  had  not  been  forfeited,  would  have  been  charged  or  charge- 
able thereon,  since  the  formation  of  this  State,  with  interest  at 
the  rate  of  twelve  per  centum  per  annum,  and  the  costs  of  the 
proceedings,  if  his  claim  be  filed  in  the  circuit  court  that  decrees 
the  sale,  within  two  years  thereafter. 

6.  It  shall  be  the  duty  of  every  owner  of  land  to  have  it 
entered  on  the  land  books  of  the  county  in  which  it,  or  a part 
of  it  is  situated,  and  to  cause  himself  to  be  charged  with  the 
taxes  thereon,  and  pay  the  same.  When  for  any  five  successive 
years  after  the  year  1869,  the  owner  of  any  tract  of  land  con- 
taining one  thousand  acres  or  more,  shall  not  have  been  charged 
on  such  books  with  State  tax  on  said  land,  then  by  operation 
hereof,  the  land  shall  be  forfeited  and  the  title  thereto  vest  in 
the  State.  But  if,  for  any  one  or  more  of  such  five  years,  the 
owner  shall  have  been  charged  with  State  tax  on  any  part  of  the 
land,  such  part  thereof  shall  not  be  forfeited  for  such  cause. 
And  any  owner  of  land  so  forfeited,  or  of  any  interest  therein 
at  the  time  of  the  forfeiture  thereof,  who  shall  then  be  an  infant, 
married  woman,  or  insane  person,  may,  until  the  expiration  of 
three  years  after  the  removal  of  such  disability,  have  the  land, 
or  such  interest  charged  on  such  books  with  all  State  and  other 
taxes  that  shall  be,  and  but  for  the  forfeiture  would  be,  charge- 
able on  the  land,  or  interest  therein  for  the  year  1863,  and  every 
year  thereafter  with  interest  at  the  rate  of  ten  per  centum  per 
annum ; and  pay  all  taxes  and  interest  thereon  for  all  such  years, 
and  thereby  redeem  the  land  or  interest  therein:  Provided, 

Such  right  to  redeem  -shall  in  no  case  extend  beyond  twenty 
years  from  the  time  such  land  w’as  forfeited. 

ARTICLE  XIV. 

A mendments 

1.  No  convention  shall  be  called  having  the  authority  to  alter 
the  Constitution  of  the  State,  unless  it  be  in  pursuance  of  a law, 
passed  by  the  affirmative  vote  of  a majority  of  the  members 


704 


CONSTITUTION  OF  WEST  VIEGINIA. 


elected  to  each  house  of  the  Legislature  and  providing  that 
polls  shall  be  opened  throughout  the  State,  on  the  same  day 
therein  specified,  which  shall  not  be  less  than  three  months  after 
the  passage  of  such  law,  for  the  purpose  of  taking  the  sense 
of  the  voters  on  the  question  of  calling  a convention.  And  such 
convention  shall  not  be  held  unless  a majority  of  the  votes  cast  at 
such  polls  be  in  favor  of  calling  the  same;  nor  shall  the  members 
be  elected  to  such  convention,  until,  at  least,  one  month  after 
the  result  of  the  vote  shall  be  duly  ascertained,  declared  and 
published.  And  all  acts  and  ordinances  of  the  said  convention 
shall  be  submitted  to  the  voters  of  the  State  for  ratification  or 
rejection,  and  shall  have  no  validity  whatever  until  they  are 
ratified. 

2.  Any  amendment  to  the  Constitution  of  the  State  may  be 
proposed  in  either  house  of  the  Legislature;  and  if  the  same, 
being  read  on  three  several  days  in  each  house,  be  agreed  to 
on  its  third  reading,  by  two-thirds  of  the  members  elected 
thereto,  the  proposed  amendment,  with  the  yeas  and  nays 
thereon,  shall  be  entered  on  the  journals,  and  it  shall  be  the 
duty  of  the  Legislature  to  provide  by  law,  for  submitting  the 
same  to  the  voters  of  the  State  for  ratification  or  rejection  at 
the  next  general  election  thereafter,  and  cause  the  same  to  be 
published,  at  least  three  months  before  such  election  in  some 
newspaper  in  every  county  in  which  a newspaper  is  printed. 
And  if  a majority  of  the  qualified  voters,  voting  on  the  question 
at  the  polls  held  pursuant  to  such  law,  ratify  the  proposed 
amendment,  it  shall  be  in  force  from  the  time  of  such  ratification, 
as  part  of  the  Constitution  of  the  State.  If  two  or  more  amend- 
ments be  submitted  at  the  same  time,  the  A^ote  on  the  ratification 
or  rejection  shall  be  taken  on  each  separately. 


CONSTITUTION 


OF  THE 


STATE  OF  WISCONSIN. 


CONSTITUTION  OF  THE  STATE  OF  WISCONSIN 


Preamble, 

ARTICLE  I. 

Declaration  of  Ili(/his. 

Section 

1.  All  men  are  equally  free  and 

have  certain  inherent  rights. 

2.  There  shall  be  neither  slavery 

nor  involuntary  imprisonment, 

except  for  the  punishment  of 

crime. 

8.  Freedom  of  speech  and  liberty 
of  the  press. 

4.  The  people  have  the  right  to  as- 

semble peaceably  for  the  com- 
mon good. 

5.  Right  of  trial  by  jury. 

6.  Excessive  bail  shall  not  be  re- 

quired, nor  shall  excessive 
fines  be  imposed. 

7.  The  rights  of  the  accused  in  all 

criminal  prosecutions, 

8.  Indictment  by  grand  jury. 

9.  Justice,  without  sale,  denial,  or 

delay. 

10.  Treason  against  the  State  de- 

fined. 

11.  Rights  of  the  people  against  un- 

reasonable seizures  or  searches. 

12.  No  bill  of  attainder,  ex  post 

facto  law,  nor  any  law  im- 
pairing the  obligations  of 
contracts  shall  ever  be  passed. 

13.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

14.  All  lands  within  the  State  are 

declared  to  be  allodial,  and 
feudal  tenures  are  prohibited. 

15.  No  distinction  shall  ever  be 

made  by  law  between  resident 
aliens  and  citizens  in  reference 
to  property. 

16.  No  imprisonment  for  debt. 

17.  The  privilege  of  a debtor. 

18.  Freedom  of  religious  thought 

and  worship. 

19.  No  religious  tests  shall  ever  be 


Section 

required  as  a qualification  for 
any  office. 

20.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

21.  Writs  of  error  never  permitted. 

22.  The  blessings  of  free  govern- 

ment. 

ARTICLE  II. 

Boundaries. 

1.  State  boundaries. 

2.  Act  of  Congress  ratified. — United 

States  property  not  to  be 
taxed. 

ARTICLE  III. 

Suffrage. 

1.  Qualifications  for  being  a voter. 

2.  Those  who  may  not  vote. 

3.  All  votes  to  be  given  by  ballot, 

except  for  township  officers. 

4.  No  person  to  lose  residence  be- 

cause absent  on  business  of 
the  United  States. 

5.  No  soldier  of  the  United  States 

shall  be  deemed  a resident  of 
this  State  because  stationed 
within  the  same. 

6.  Bribery,  etc.,  to  debar  from 

voting. 

ARTICLE  IV. 

Legislative. 

1.  Legislative  power  is  vested  in 

the  Senate  and  Assembly. 

2.  Assembly  to  consist  of  not  less 

than  fifty-four,  nor  more  than 
one  hundred  mepibers. — The 
Senate  shall  consist  of  not 
less  than  one-fourth,  nor  more 
than  one-third  the  number  of 
the  Assembly. 

3.  Enumeration  of  the  inhabitants 

of  the  State  to  be  made  every 
ten  years. 

4.  How  Members  of  Assembly  are 

to  be  chosen. 


708 


CONSTITUTION  OF  WISCONSIN. 


Section 

6.  How  Senators  are  to  be  chosen. 

6.  To  be  eligible  to  the  Legislature. 

7.  Each  house  to  be  the  judge  of 

the  qualifications  of  its  own 
members. — A majority  of  each 
shall  constitute  a quorum. 

8.  In  each  house  a two-thirds  vote 

required  to  expel  a member. 

9.  Each  house  shall  choose  its  own 

officers. 

10.  Each  house  to  keep  a journal. 

11.  The  Legislature  to  meet  once  a 

year  at  the  seat  of  govern- 
ment 

12.  No  Legislator  to  hold  any  civil 

office,  etc.,  created  during 
term  for  which  he  was  elected. 

13.  Who  are  not  eligible  to  a seat 

in  the  Legislature. 

14.  Governor  to  issue  writs  of  elec- 

tion to  fill  vacancies. 

15.  Members  of  Legislature  privi-  , 

leged  from  arrest,  except  | 
when. 

16.  Members  to  have  freedom  of 

speech  in  debate. 

17.  No  law  shall  be  enacted  except  j 

by  bill. 

18.  No  private  or  local  bill  shall  ! 

embrace  more  than  one  sub- 
ject. 

19.  A bill  may  originate  in  either  j 

house.  — Either  house  may  : 
amend  a bill  of  the  other.  j 

20.  In  regard  to  the  yeas  and  nays.  ! 

21.  Pay  of  members. 

22.  In  regard  to  the  board  of  super-  ! 

visors.  j 

23.  Town  and  county  government  | 

to  be  uniform. 

24.  The  Legislature  shall  never  ! 

authorize  any  lottery  nor  | 
grant  a divorce.  j 

25.  In  regard  to  stationery  and  j 

printing..  | 

26.  In  regard  to  increasing  or  di-  i 

minishing  the  pay  of  public  j 
officers.  I 

27.  How  suit  may  be  brought  ! 

against  the  State. 

28.  The  oath  of  office  required. 

29.  Who  shall  constitute  the  militia  j 

of  the  State. 


Section 

30.  In  all  elections  to  be  made  by 
the  Legislature,  the  vote  shall 
be  viva  voce. 

ARTICLE  V. 

Executive. 

1.  The  executive  power  shall  be 

vested  in  the  Governor. 

2.  To  be  eligible  to  the  office  of 

Governor  and  Lieutenant-Gov- 
ernor. 

3.  Election  of  the  same. 

4.  Governor  to  be  commander-in- 

chief of  the  State  forces. — His 
powers  and  duties. 

5.  His  salary. 

6.  Governor  shall  have  power  to 

grant  reprieves  and  pardons. 

7.  When  Lieutenant-Governor  is 

to  act  as  Governor. 

8.  He  shall  be  president  of  the 

Senate.  — When  Secretary  of 
State  is  to  act  as  Governor. 

9.  Pay  of  Lieutenant-Governor. 

10.  Every  bill  to  be  presented  to 

the  Governor  before  it  be- 
comes a law.  — He  may  ap- 
prove or  object  to  it. 

ARTICLE  VI. 

Administrative. 

1.  Secretary  of  State,  Treasurer 

and  Attorney-General  to  be 
chosen. 

2.  Secretary  of  State,  his  duties 

and  compensation. 

3.  Powers,  duties  and  pay  of  the 

Treasurer  and  Attorney-Gene- 
ral are  to  be  fixed  by  law. 

4.  In  regard  to  sheriffs,  coroners, 

etc. 

ARTICLE  VII. 

J udiciary. 

1.  The  Senate,  court  of  impeach- 

ment. 

2.  The  judicial  powers  of  the 

State  are  vested  in  Supreme, 
Circuit  and  Probate  Courts, 
and  in  justices  of  the  peace. 

3.  Supreme  Court  has  appellate 

jurisdiction. — Shall  have  gene- 
ral superintending  control 
over  all  inferior  courts. 


CONSTITUTION  OF  WISCONSIN. 


709 


Section 

4.  Judges  of  Circuits  to  be  judges 

of  Supreme  Courts  till  other- 
wise provided  for. 

5.  Division  of  the  State  into  five 

judicial  circuits. 

6.  The  Legislature  may  alter  the 

limits,  or  increase  the  number 
of  circuits. 

7.  For  each  circuit  there  shall  be 

a judge  chosen. 

8.  Jurisdiction  and  power  of  the 

Circuit  Courts. 

9.  Vacancies  to  be  filled  by  the 

Governor. 

10.  Salaries  of  judges  of  Supreme 

and  Circuit  Courts. 

11.  The  Supreme  Court  shall  hold 

at  least  one  term  annually  at 
the  seat  of  government.  — A 
Circuit  Court  shall  be  held  at 
least  twice  in  each  year  In 
each  county  in  the  State. 

12.  Clerk  of  Circuit  Court,  term  of 

office. 

13.  Removal  of  judge  of  Supreme 

or  Circuit  Courts. 

14.  Judge  of  probate,  how  chosen 

and  term  of  office. 

15.  Justices  of  the  peace,  term  of 

office  and  how  elected. 

16.  Tribunals  of  conciliation. 

17.  Style  of  writs  and  criminal 

prosecutions  shall  be  carried 
on  in  the  name  of  “ The  State 
of  Wisconsin.” 

18.  A tax  on  all  civil  suits,  how 

applied. 

19.  Testimony  in  causes  in  equity, 

how  taken. 

20.  Any  suitor  may  prosecute  or 

defend  his  suit  himself,  or  by 
an  attorney. 

21.  No  general  law  shall  be  in  force 

till  published. 

22.  A commission  of  three  to  be 

appointed  to  inquire  into,  re- 
vise and  simplify  the  rules 
of  practice,  pleadings,  forms, 
etc. 

23.  One  or  more  persons  to  be  ap- 

pointed in  each  county  to  have 
such  judicial  powers  as  may 
be  prescribed  by  law. 


ARTICLE  VIII. 

Finance. 

Section 

1.  Taxation,  shall  be  uniform. 

2.  No  money  to  be  paid  out  of  the 

treasury  except  by  appropria- 
tion by  law. 

3.  The  credit  of  the  State  shall 

never  be  given  or  loaned. 

4.  The  State  shall  never  contract 

any  public  debt,  except  as 
provided. 

5.  Expenses  of  the  State  to  be  met 

by  an  annual  tax. 

6.  State  may  contract  a public 

debt  not  to  exceed  $100,000. 

7.  The  Legislature  may  also  bor- 

row money  to  repel  invasion, 
etc. 

8.  On  the  passage  of  a law  which 

imposes,  renews  or  continues 
a tax,  etc.,  the  question  shall 
be  taken  by  yeas  and  nays, 
and  three-fifths  of  all  the 
members  shall  be  required  to 
make  a quorum. 

I 9.  In  regard  to  State  debt. 

- 10.  The  State  shall  never  contract 
! any  debt  for  works  of  inter- 

nal improvement. 

I ARTICLE  IX. 

j Eminent  Domain  and  Property  of  the 
State. 

'1.  State’s  jurisdiction  over  rivers 
and  lakes. 

2.  Property  of  the  Territory  shall 

vest  in  the  State. 

3.  State  property. — All  lands  the 

title  to  which  shall  fail  from 
a defect  of  heirs,  shall  revert 
to  the  people. 

ARTICLE  X. 

Education. 

1.  The  State  superintendent,  his 

duties,  powers  and  compensa- 
tion 

2.  The  school  fund. 

3.  Free,  non-sectarian  schools. 

4.  Each  town  and  city  to  help 

support  the  public  schools. 

5.  Distribution  of  the  school  fund. 

6.  A State  university  to  be  estab- 

lished. 


710 


CONSTITUTlOlSr  OF  WISCONSIN. 


Section 

7.  Sale  of  school  lands,  commis^ 

sioners  for  the  same. 

8.  Duties  of  commissioners. 

ARTICLE  XI. 

Corporations. 

1.  Corporations  without  banking 

powers  to  be  formed  under 
general  laws. 

2.  In  regard  to  taking  private 

property  for  public  use  by  a 
municipal  corporation. 

3.  Legislature  to  provide  for  the 

organization  of  cities  and  in- 
corporated villages. 

4.  In  regard  to  banks. 

5.  In  regard  to  granting  charters 

for  the  same. 

ARTICLE  XII. 

Amendments. 

1.  Either  house  may  propose  an 

amendment. 

2.  In  regard  to  revising  the  Con- 

stitution. 

ARTICLE  XIII. 
Miscellaneous  Provisions. 

1.  When  the  political  year  begins. 

2.  Dueling  disqualifies  for  voting. 

3.  Those  who  may  not  hold  office 

in  this  State. 

4.  Seal  of  State  to  be  kept  by 

Secretary  of  State. 

5.  Persons  residing  on  Indian  lands 

may  vote  at  the  nearest  polls. 

6.  The  elective  officers  of  the 

Legislature,  other  than  the 
presiding  officers,  shall  be  a 
chief  clerk  and  sergeant-at- 
arms. 

7.  Division  of  counties. 

8.  The  moving  of  the  county  seat. 

9.  In  regard  to  county,  city,  town 

and  village  officers. 

10.  Offices  deemed  vacant  and  ma- 
ner  of  filling  the  same. 

ARTICLE  XIV. 

Schedule. 

1.  Territorial  rights  to  pass  over 
to  State  rights. 


Section 

2.  All  Territorial  laws,  not  repug- 

nant to  this  Constitution,  shall 
remain  in  force  till  they  ex- 
pire, or  are  repealed. 

3.  All  fines,  etc.,  accruing  to  the 

Territory  shall  accrue  to  the 
State. 

4.  Everything  pertaining  to  the 

Territory  to  pass  over  to  the 
State. 

5.  Officers,  civil  and  military,  hold- 

ing office  under  authority  of 
the  United  States  of  the  Ter- 
ritory, shall  continue  to  hold 
it  till  superseded  by  State 
authority. 

6.  Where  the  first  session^  of  the 

Legislature  shall  be  held,  and 
when. 

7.  About  county  and  other  officers. 

8.  A copy  of  this  Constitution  to 

be  sent  to  the  President. 

9.  Ratification  or  rejection  of  this 

Constitution. 

10.  The  congressional  districts. 

11.  The  elections  provided  for  in 

this  article  are  to  be  con- 
ducted according  to  the  laws 
of  the  Territory. 

12.  Apportionment. 

13.  Territorial  laws  to  continue. 

14.  Term  of  office  of  certain  officers. 

15.  Who  may  administer  the  oath 

of  office. 

AMENDMENTS. 


Article 

1, 

section 

8. 

Article 

3, 

section 

1. 

Article 

4, 

section 

4. 

Article 

4, 

section 

5. 

Article 

4, 

section 

11. 

Article 

4, 

section 

21. 

Article 

4, 

section 

31. 

Article 

4, 

section 

32. 

Article 

5, 

section 

5. 

Article 

5. 

section 

9. 

Article 

6, 

section 

4. 

Article 

7, 

section 

4. 

Article 

7, 

section 

12. 

Article 

8, 

section 

2. 

Article 

9, 

section 

3. 

Article 

13,  section  1. 

Article 

7, 

section  4. 

CONSTITUTION  OF  WISCONSIN. 


711 


PEEAMBLE. 

We,  the  people  of  Wisconsin,  grateful  to  Almighty  God  for  our 
freedom,  in  order  to  secure  its  blessings,  form  a more  perfect 
government,  insure  domestic  tranquility,  and  promote  the 
general  welfare,  do  establish  this  Constitution. 

AETICLE  I. 

Declaration  of  Rights. 

Section  1.  All  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  rights;  among  these  are  life,  liberty, 
and  the  pursuit  of  happiness.  To  secure  these  rights  govern- 
ments are  instituted  among  men,  deriving  their  just  powers 
from  the  consent  of  the  governed. 

Sec.  2.  There  shall  be  neither  slavery  nor  involuntary  servi- 
tude in  this  State  otherwise  than  for  the  punishment  for  crime 
whereof  the  party  shall  have  been  duly  convicted. 

Sec.  3.  Every  person  may  freely  speak,  write  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  right,  and  no  laws  shall  be  passed  to  restrain  or  abridge 
the  liberty  of  speech  or  of  the  press.  In  all  criminal  prosecu- 
tions or  indictments  for  libel,  the  truth  may  be  given  in  evidence; 
and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as 
libelous  be  true,  and  was  published  with  good  motives  and  for 
justifiable  ends,  the  party  shall  be  acquitted;  and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  facts. 

Sec.  4.  The  right  of  the  people  peaceably  to  assemble  to 
consult  for  the  common  good,  and  to  petition  the  government  or 
any  department  thereof  shall  never  be  abridged. 

Sec.  5.  The  right  of  trial  by  jury  shall  remain  inviolate,  and 
shall  extend  to  all  cases  at  law,  without  regard  to  the  amount 
in  controversy;  but  a jury  trial  may  be  waived  by  the  parties 
in  all  cases  in  the  manner  prescribed  by  law. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  shall  excess- 
ive fines  be  imposed,  nor  cruel  and  unusual  punishment  be 
indicted. 

Sec.  7.  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  be  heard  by  himself  and  counsel;  to  demand  the 
nature  and  cause  of  the  accusation  against  him;  to  meet  the 
witnesses  face  to  face;  to  have  compulsory  process  to  compel 
the  attendance  of  witnesses  in  his  behalf;  and  in  prosecutions  by 
indictment  or  information,  to  a speedy  public  trial  by  an  impar- 


712 


CONSTITUTION  OF  WISCONSIN. 


tial  jury  of  the  county  or  district  wherein  the  offense  shall  have 
been  committed;  which  county  or  district  shall  have  been  pre- 
viously ascertained  by  law. 

Sec.  8.  No  person  shall  be  held  to  answer  for  a criminal 
offense,  unless  on  the  presentment  or  indictment  of  a grand 
jury,  except  in  cases  of  impeachment,  or  in  cases  cognizable  by 
justices  of  the  peace,  or  arising  in  the  army  or  navy,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger; 
and  no  person  for  the  same  offense  shall  be  put  twice  in  jeop- 
ardy of  punishment,  nor  shall  be  compelled  in  any  criminal  case 
to  be  a witness  against  himself.  All  persons  shall  before  con- 
viction be  bailable  by  sufficient  sureties,  except  for  capital 
offenses,  when  the  proof  is  evident  or  the  presumption  great; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion,  the  pub- 
lic safety  may  require. 

Sec.  9.  Every  person  is  entitled  to  a certain  remedy  in 
the  laws,  for  all  injuries  or  wrongs  he  may  receive  in  his  per- 
son, property  or  character;  he  ought  to  obtain  justice  freely, 
and  without  being  obliged  to  purchase  it,  completely  and  with- 
out denial,  promptly  and  without  delay,  comformably  to  the  laws. 

Sec.  10.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  the  same,  or  in  adhering  to  its  enemies, 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testin’- ony  of  two  witnesses  to  the  same 
overt  act,  or  on  confession  in  open  court. 

Sec.  11.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures  shall  not  be  violated,  and  no  warrant 
shall  issue  but  upon  proboble  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

Sec.  12.  No  bill  of  attainder,  ex  post  facto  law,  nor  any 
law  impairing  the  obligation  of  contracts,  shall  ever  be  passed; 
and  no  con’sdction  shall  work  corruption  of  blood  or  forfeiture 
of  estate. 

Sec.  13.  The  property  of  no  person  shall  be  taken  for  public 
use  without  just  compensation  therefor. 

Sec.  14.  All  lands  within  the  State  are  declared  to  be 
allodial,  and  feudal  tenures  are  prohibited.  Leases  and  grants 
of  agricultural  land,  for  a longer  term  than  fifteen  years,  in 


CONSTTTUTION  OF  WISCONSIN. 


713 


which  rent  or  service  of  any  kind  shall  he  reserved,  and  all 
fines  and  like  restraints  upon  alienation,  reserved  in  any  grant 
of  land  hereafter  made,  are  declared  to  be  void. 

Sec.  15.  No  distinction  shall  ever  be  made  by  law"  betw^een 
resident  aliens  and  citizens,  in  reference  to  the  possession, 
enjoyment,  or  descent  of  property. 

Sec.  16.  Noi  person  shall  be  imprisoned  for  debt  arising  out 
of,  or  founded  on  a contract,  expressed  or  implied. 

Sec.  17.  The  privilege  of  the  debtor  to  enjoy  the  neces- 
sary comforts  of  life  shall  be  recognized  by  wholesome  law^s, 
exempting  a reasonable  amount  of  property  from  seizure  or  sale 
for  the  payment  of  any  dept  or  liability  hereafter  contracted. 

Sec.  18.  The  right  of  eveiy  man  to  worship  Almighty 
God  according  to  the  dictates  of  his  ow  n conscience  shall  never 
be  infringed,  nor  shall  any  man  be  compelled  to  attend,  erect 
or  support  any  place  of  worship,  or  to  maintain  any  ministry, 
against  his  consent.  Nor  shall  any  control  of,  or  interference 
with  the  rights  of  conscience  be  permitted,  or  any  preference 
be  given  by  law^  to  any  religious  establishments  or  mode  of 
worship.  Nor  shall  am"  money  be  drawn  from  the  treasury  for 
the  benefit  of  religious  societies,  or  religious  or  theological  sem- 
inaries. 

Sec.  19.  No  religious  tests  shall  ever  be  re(iuired  as  a 
qualification  for  any  office  or  public  trust,  under  the  State,  and 
no  person  shall  be  rendered  incompetent  to  give  evidence  in 
any  court  of  law'  or  equity,  in  consequence  of  his  opinions  on 
the  subject  of  religion. 

Sec.  20.  The  military  shall  be  in  strict  sub(>rdination  to  the 
civil  power. 

Sec.  21.  Writs  of  error  shall  neA'er  be  prohibited  by  law. 

Sec.  22.  The  blessings  of  a free  government  can  only  be 
maintained  by  a firm  adherence  to  justice,  moderation,  temper- 
ance, frugality  and  virtue,  and  by  frequent  recurrence  to  funda- 
mental principles. 

ARTICLE  II. 

Boundaries. 

Section  1.  It  is  hereby  ordained  and  declared  that  the  State 
of  Wisconsin  doth  consent  and  accept  of  the  boundaries  pre- 
scribed in  the  act  of  Congress,  entitled  “An  act  to  enable  the 
people  of  Wisconsin  Terri iory  to  form  a Constitution  and  State 
government,  and  for  Mie  admission  of  such  State  into  the  TTnion,” 


714 


CONSTITUTION  OF  WISCONSIN. 


approved  August  sixth,  one  thousand  eight  hundred  and  forty- 
six,  to  wit:  Beginning  at  the  northeast  corner  of  the  State  of 
Illinois,  that  is  to  say,  nt  a point  in  the  center  of  Lake  Michi- 
gan where  the  line  of  forty  two  degrees  and  Ihirty  niLuntes  of 
north  latitude  crosses  the  sinie;  thence,  running  with  tiie  boun- 
dary of  the  State  of  Michigaii,  through  Lake  Michigan,  Oreen 
bay,  to  the  mouth  of  the  Menominee  ricer;  thence  up  the  chan- 
nel of  the  said  river  to  the  Brule  rivm*;  thence  up  said  men- 
tioned river  to  Lake  Brule;  thence  along  the  southern  shore  of 
Lake  Brule,  in  a direct  line  to  the  center  of  the  channel 
between  Middle  and  South  islands,  in  the  Lake  of  the  Desert; 
thence  in  a direct  line  to  the  head  waters  of  the  Montreal  river, 
as  marked  upon  the  survey  made  by  GaiAain  Cram;  thence 
down  the  main  channel  of  the  Montreal  river  to  the  middle  of 
Lake  Superior;  thence  through  the  center  of  Lake  Superior  to 
the  mouth  of  the  St.  Louis  river;  thence  up  the  main  channel 
of  said  river  to  the  first  rapids  in  the  same,  aboA^e  the  Indian 
village,  according  to  NicolleUs  map;  thence  due  south  to  the 
main  branch  of  the  river  St.  Croix;  thence  down  the  main 
channel  of  said  iWer  to  the  Mississippi;  thence  down  the  cen- 
ter of  the  main  channel  of  that  river  to  the  northwest  corner  of 
the  State  of  Illinois;  thence  due  east  with  the  northern  boun- 
dary of  the  State  of  Illinois,  to  the  place  of  beginning,  as  estab- 
lished by  ‘‘An  act  to  enable  the  people  of  the  Illinois  Terri- 
tory to  form  a Constitution  and  State  gOA'ernment,  and  for  the 
admission  of  such  State  into  the  Union  on  an  equal  footing 
with  the  original  States,”  approved  April  18,  1818.  (Provided, 
hoAvever,  That  the  folio Aving  alteration  of  the  aforesaid  boundary 
be,  and  hereby  is,  proposed  to  the  Congress  of  the  Unite<4 
States  as  the  preference  of  the  State  of  Wisconsin,  and  if  the 
same  shall  be  assented  and  agreed  to  by  the  Congress  of  the 
United  States,  then  the  same  shall  be  and  foreA^er  remain  oblig- 
atory on  the  State  of  Wisconsin,  viz.:  LeaAung  the  aforesaid 
boundary  line  at  the  foot  of  the  rapids  of  the  St.  Louis  iWer; 
thence,  in  a direct  line  bearing  southwesterly,  to  the  mouth  of 
the  IskodeAvabo  or  Bum  riAer,  Avhere  the  same  empties  into  the 
Mississippi  riA^er;  thence  doAvn  the  main  channel  of  the  said 
Mississip])i  iIaum',  as  prescribed  in  tlie  aforesaid  boundary.) 

Sec.  2.  The  ])ropositions  contained  in  the  act  of  Congress 
are  hereby  ac(Mqfied,  ratified  and  confirmed,  and  shall  remain 
irrevocable  AA’ilhoiit  the  consent  of  ilie  L^nited  States:  and  it  is 


CONSTITUTION  OF  WISCONSIN: 


715 


hereby  ordained  that  this  State  shall  never  interfere  with  the 
primary  disposition  of  the  soil  within  the  same,  by  the  United 
States,  nor  with  any  regulations  Congress  may  find  necessary 
for  securing  the  title  in  such  soil  to  bona  fide  purchasers  thereof; 
and  no  tax  shall  be  imposed  on  land,  the  property  of  the 
United  States;  and  in  no  case  shall  non-resident  proprietors  be 
taxed  higher  than  residents.  Provided,  That  nothing  in  this 
Constitution,  or  in  the  act  of  Congress  aforesaid,  shall  in  any 
manner  prejudice  or  affect  the  right  of  the  State  of  Wisconsin 
to  five  hundred  thousand  acres  of  land  granted  to  said  State, 
and  to  be  hereafter  selected  and  located,  by  and  under  the  act 
of  Congress,  entitled  ‘bVn  act  to  appropriate  the  proceeds  of 
sales  of  the  public  lands,  and  grant  pre-emption  rights.” 
approved  September  fourth,  one  thousand  eight  hundred  and 
forty-one. 

AKTICLE  III. 

Suffrage. 

Section  1.  Every  male  person,  of  the  age  of  twenty-one 
years  or  upwards,  belonging  to  either  of  the  following  classes, 
who  shall  have  resided  in  the  State  for  one  year  next  preceding 
any  election,  shall  be  deemed  a qualified  elector  at  such  elec- 
tion: 

1.  White  citizens  of  the  United  States. 

2.  White  persons  of  foreign  birth,  who  shall  have  declared 
their  intention  to  become  citizens  conformably  to  the  laws  of 
the  United  States  on  the  subject  of  naturalization, 

3.  Persons  of  Indian  blcod,  who  have  once  been  declared  by 
law  of  Congress  to  be  citizens  of  the  United  States,  any  subse- 
quent law  of  Congress  to  the  contrary  notwithstanding. 

4.  Civilized  persons  of  Indian  descent,  not  members  of  any 
tribe.  Provided,  That  the  Legislature  may,  at  any  time,  extend 
by  law  the  right  of  suffrage  to  persons  not  herein  enumer- 
ated; but  no  such  law  shall  be  in  force  until  the  same  shall 
have  been  submitted  to  a vote  of  the  people  at  a general  elec- 
tion, and  approved  by  a majority  of  all  the  votes  cast  at  such 
election. 

Sec.  2.  No  person  under  guardianship,  non  compos  men- 
tis, or  insane,  shall  be  qualified  to  vote  at  any  election;  nor 
shall  any  person  convicted  of  treason  or  felony  be  qualified  to 
vote  at  any  election  unless  restored  to  civil  rights. 


716 


CONSTITUTION  OF  WISCONSIN. 


Sec.  3.  All  votes  shall  he  given  by  ballot,  except  for 
snch  township  officers  as  may  by  law  be  directed  or  allowed  to 
be  otherwise  chosen. 

Sec.  4.  No  person  shall  be  deemed  to  have  lost  his  residence 
in  this  State  by  reason  of  his  absence  on  business  of  the  United 
States,  or  of  this  State. 

Sec.  5.  No  soldier,  seaman  or  marine,  in  the  army  or  navy 
of  the  United  States,  shall  be  deemed  a resident  of  this  State 
in  consequence  of  being  stationed  within  the  same. 

Sec.  6.  Laws  may  be  passed  excluding  from  the  right  of 
suffrage  all  persons  who  have  been  or  may  be  convicted  of 
bribery  or  larceny,  or  of  any  infamous  crime,  and  depriving 
every  person  who  shall  make,  or  become  directly  or  indirectly 
interested  in,  any  bet  or  wager  depending  upon  the  result  of 
any  election,  from  the  right  to  vote  at  such  election. 

ARTICLE  IV. 

Legislative. 

Section  1.  The  legislative  power  shall  be  vested  in  a Senate 
and  Assembly.  ! 

Sec.  2.  The  number  of  the  members  of  the  Assembly 
shall  never  be  less  than  fifty-four,  nor  more  than  one  hundred. 
The  Senate  shall  consist  of  a number  not  more  than  one-third, 
nor  less  than  one-fourth,  of  the  number  of  the  members  of  the 
Assembly. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  an  enu- 
meration of  the  inhabitants  of  the  State,  in  the  year  one 
Thousand  eight  hundred  and  fifty-five,  and  at  the  end  of  every 
ten  years  thereafter;  and  at  their  first  session  after  such  enu- 
meration, and  also  for  each  enumeration  made  by  the  authority 
of  the  United  States,  the  Legislature  shall  apportion  and  dis- 
trict anew  the  members  of  the  Senate  and  Assembly,  according 
to  the  number  of  inhabitants,  excluding  Indians  not  taxed,  and 
soldiers  and  officers  of  the  L'nited  States  army  and  navy. 

Sec.  4.  The  members  of  the  Assembly  shall  be  chosen  annu- 
ally by  single  districts  on  the  Tuesday  succeeding  the  first 
Monday  in  November,  by  the  qualified  electors  of  the  several 
districts;  such  districts  to  be  bounded  by  county,  precinct, 
town  or  ward  lines,  to  consist  of  contiguous  territory,  and  be 
in  as  compact  form  as  practicable. 

Sec.  5.  The  Senators  shall  be  chosen  by  single  districts 
of  convenient  contiguous  territory,  at  the  same  time  and  in  the 


CONSTITUTION  OF  WISCONSIN. 


717 


same  manner  as  members  of  the  Assembly  are  required  to  be 
chosen,  and  no  Assembly  district  shall  be  divided  in  the  forma- 
tion of  a Senate  district.  The  Senate  districts  shall  be  numbered 
in  the  regular  series,  and  the  Senators  chosen  by  the  odd-num- 
bered districts  shall  go  out  of  office  at  the  expiration  of  the  first 
year,  and  the  Senators  chosen  by  the  even-nnin])ered  districts 
shall  go  out  of  office  at  the  expiration  of  the  second  year,  and 
thereafter  the  Senators  shall  be  chosen  for  the  term  of  two 
years. 

Sec.  6.  No  person  shall  be  eligible  to  the  Legislature  who 
shall  not  have  resided  one  year  within  the  State,  and  be  a quali- 
fied elector  in  the  district  which  he  may  be  chosen  to  represent. 

Sec.  7.  Each  House  shall  be  the  judge  of  the  elections, 
returns,  and  qualifications  of  its  own  members,  and  a majority 
of  each  shall  constitute  a quorum  to  do  business;  but  a smaller 
number  may  adjourn  from  day  to  day  and  may  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such 
penalties  as  each  House  may  provide. 

Sec.  8.  Each  House  may  determine  the  rules  of  its  own 
proceedings,  punish  for  contempt  and  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds  of  all  the  members  elected, 
expel  a member;  but  no  member  shall  be  expelled  a second  time 
for  the  same  cause. 

Sec.  9.  Each  House  shall  choose  its  own  officers,  and  the 
Senate  shall  choose  a temporary  President,  when  the  Lieuten- 
ant-Governor shall  not  attend  as  President,  or  shall  act  as  Gov- 
ernor. 

Sec.  10.  Each  House  shall  keep  a journal  of  its  proceed- 
ings, and  publish  the  same,  except  such  parts  as  require  secrecy. 
The  doors  of  each  House  shall  be  kept  open,  except  when  the 
public  welfare  shall  require  secrecy.  Neither  House  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three  days. 

Sec.  11.  The  Legislature  shall  meet  at  the  seat  of  govern- 
ment, at  such  time  as  shall  be  provided  by  law,  once  in  each 
year,  and  no  oftener,  unless  convened  by  the  Governor. 

Sec.  12.  No  member  of  the  Legislature  shall,  during  the 
term  for  which  he  was  elected,  be  appointed  or  elected  to  any 
civil  office  in  the  State  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  the  term 
for  which  he  was  elected. 

Sec.  13.  No  person  being  a member  of  Congress  or  holding 
any  military  or  civil  office  under  the  United  States  shall  be  eli- 


71S 


CONSTITUTION  OF  WISCONSIN. 


gible  to  a seat  in  the  Legislature;  and  if  any  person  shall,  after 
his  election  as  a member  of  the  Legislature,  be  elected  to  Con- 
gress, or  be  appointed  to  any  office,  civil  or  military,  nnder  the 
government  of  the  United  States,  his  acceptance  thereof  shall 
vacate  his  seat. 

Sec.  14.  The  Governor  shall  issue  writs  of  election  to  fiU  such 
vacancies  as  may  occur  in  either  House  of  the  Legislature. 

Sec.  15.  Members  of  the  Legislature  shall,  in  all  cases 
except  treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest;  nor  shall  they  be  subject  to  any  civil  process,  dur- 
ing the  session  of  the  Legislature,  nor  for  fifteen  days  next 
before  the  commencement  and  after  the  termination  of  each 
session. 

Sec.  16.  No  member  of  the  Legislature  shall  be  liable  in  any 
civil  action  or  criminal  prosecution  whatever,  for  words  spoken 
in  debate. 

Sec.  17.  The  style  of  the  laws  of  the  State  shall  be, 
^^The  people  of  the  State  of  Wisconsin,  represented  in  Senate 
and  Assembly,  do  enact  as  follows,”  and  no  law  shall  be  enacted 
except  by  bill. 

Sec.  18.  No  private  or  local  bill,  which  may  be  passed  by 
the  Legislature,  shall  embrace  more  than  'one  subject,  and  that 
shall  be  expressed  in  the  title. 

Sec.  19.  Any  bUl  may  originate  in  either  House  of  the  Legis- 
lature, and  a bill  passed  by  one  House  may  be  amended  by  the 
other. 

Sec.  20.  The  yeas  and  nays  of  the  members  of  either  House, 
on  any  question,  shall,  at  the  request  of  one-sixth  of  those 
present,  be  entered  on  the  journal. 

Sec.  21.  Each  member  of  the  Legislature  shall  receive  for 
his  services,  two  dollars  and  fifty  cents  for  each  day’s  attend- 
ance during  the  session,  and  ten  cents  for  every  mile  he  shall 
travel  in  going  to  and  returning  from  the  place  of  the  meeting 
of  the  Legislature,  on  the  most  usual  route. 

Sec.  22.  The  Legislature  may  confer  upon  the  boards  of 
supervisors  of  the  several  counties  of  the  State,  such  powers,  of 
a local,  legislative,  and  administrative  character,  as  they  shall 
from  time  to  time  prescribe. 

Sec.  28.  The  Legislature  shall  establish  but  one  system  of 
town  and  county  government,  which  shall  be  as  nearly  uni- 
form as  practicable. 


CONSTITUTION  OF  WISCONSIN. 


719 


Sec.  24.  The  Legislature  shall  never  authorize  any  lottery  or 
grant  any  divorce. 

Sec.  25..  The  Legislature  shall  provide  by  law  that  all 
stationary  required  for  the  use  of  the  State,  and  all  printing 
authorized  and  required  by  them  to  be  done  for  their  use,  or  for 
the  State,  shall  be  let  by  contract  to  the  lowest  bidder;  but  the 
Legislature  may  establish  a maximum  price.  No  member  of  the 
Legislature,  or  other  State  officer,  shall  be  interested,  either 
directly  or  indirectly,  in  any  such  contract. 

Sec.  26.  The  Legislature  shall  never  grant  any  extra  com- 
pensation to  any  public  officer,  agent,  servant  or  contractor, 
after  the  service  shall  have  been  rendered  or  the  contract 
entered  into.  Nor  shall  the  compensation  of  any  public  officer 
be  increased  or  diminished  during  his  term  of  office. 

Sec.  27.  The  Legislature  shall  direct  by  law  in  what  manner 
and  in  what  court  suit  may  be  brought  against  the  State. 

Sec.  28.  Members  'of  the  Legislature  and  all  officers,  execu- 
tive and  judicial,  except  such  inferior  officers  as  may  be  by 
law  exempted,  shall,  before  they  enter  upon  the  duties  of  their 
respective  offices,  take  and  subscribe  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States,  and  the  Consti- 
tution of  the  State  of  Wisconsin,  and  faithfully  to  discharge  the 
duties  of  their  respective  offices  to  the  best  of  their  ability. 

Sec.  29.  The  Legislature  shall  determine  what  persons  shall 
constitute  the  militia  of  the  State,  and  may  provide  for  organ- 
izing and  disciplining  the  same,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  30.  In  all  elections  to  be  made  by  the  Legislature, 
the  members  thereof  shall  vote  viva  voce,  and  their  votes  shall 
be  entered  on  the  journal. 

ARTICLE  V. 

Executive. 

Section  1.  The  executive  power  shall  be  vested  in  a Gov- 
ernor who  shall  hold  his  office  for  two  years.  A Lieutenant- 
Governor  shall  be  elected  at  the  same  time,  and  for  the  same 
term. 

Sec.  2.  No  person,  except  a citizen  of  the  United  States  and 
a qualified  elector  of  the  State  shall  be  eligible  to  the  office 
of  Governor  or  Lieutenant-Governor. 


720 


CONSTITUTION  OF  WISCONSIN. 


Sec.  8.  The  Governor  and  Lieutenant-Governor  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  times  and 
places  of  choosing  members  of  the  Legislature.  The  persons 
respectively  having  the  highest  number  of  votes  for  Governor 
and  Lieutenant-Governor  shall  be  elected.  But  in  case  two  or 
more  shall  have  an  equal  and  the  highest  number  of  votes  for 
Governor  or  Lieutenant-Governor,  the  two  Houses  of  the  Legis- 
lature, at  its  next  annual  session,  shall  forthwith,  by  joint  bal- 
lot, choose  one  of  the  persons  so  having  an  equal  and  the  highest 
number  of  votes  for  Governor  or  Lieutenant-Governor.  The 
returns  of  election  for  Governor  and  Lieutenant-Governor  shall 
be  made  in  such  manner  as  shall  be  provided  by  law. 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces  of  the  State.  He  shall  have  the  power 
to  convene  the  Legislature  on  extraordinary  occasions;  and  in 
case  of  invasion,  or  danger  from  the  prevalence  of  contagious 
disease  at  the  seat  of  the  government,  he  may  convene  them  at 
any  other  suitable  place  wilhin  the  State.  He  shall  communi- 
cate to  the  Legislature,  at  every  session,  the  condition  of  the 
State,  and  recommend  such  matter  to  them  for  their  considera- 
tion, as  he  may  deem  expedient.  He  shall  transact  all  necessary 
business  with  the  officers  of  the  Government,  civil  and  military. 
He  shall  expedite  all  such  measures,  as  may  be  resolved  upon 
by  the  Legislature,  and  shall  take  care  that  the  laws  be  faith- 
fully executed. 

Sec.  5.  The  Governor  shall  receive  during  his  continuance 
in  office,  an  annual  compensation  of  one  thousand  two  hundred 
and  fifty  dollars. 

Sec.  6.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations,  and  pardons,  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  upon  such  conditions 
and  with  such  restrictions  and  limitations  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  provided  by  law 
relative  to  the  manner  of  applying  for  pardons.  Upon  convic- 
tion for  treason,  he  shall  have  the  power  to  suspend  the  execu- 
tion of  the  sentence  until  the  case  shall  be  reported  to  the  Leg- 
islature, at  its  next  meeting,  when  the  Legislature  shall  either 
pardon,  or  commute  the  ser  tence,  direct  the  execution  of  the 
sentence  or  grant  a further  reprieve.  He  shall  annually  com- 
municate to  the  Legislature  each  case  of  reprieve,  commutation 
or  pardon  granted,  stating  the  name  of  the  convict,  the  crime 


CONSTITUTION  OF  WISCONSIN. 


721 


of  which  he  was  convicted,  the  sentence  and  its  date,  and  the 
date  of  the  commutation,  pardon,  or  reprieve,  with  his  reasons 
for  granting  the  same. 

Sec.  7.  In  case  of  the  imi>eachment  of  the  Governor,  or 
his  removal  from  office,  death,  inability  from  mental  or  physi- 
cal disease,  resignation,  or  absence  from  the  State,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the  Lieutenant-Gov- 
ernor, for  the  residue  of  the  term,  or  until  the  Governor,  absent 
or  impeached,  shall  have  returned,  or  the  disability  shall  cease. 
But  when  the  Governor  shall,  with  the  consent  of  tlie  Legis- 
lature, be  out  of  the  State  in  time  of  war,  at  the  head  of  the 
military  force  thereof,  he  shall  continue  Commander-in-Chief  of 
the  military  force  of  the  State. 

Sec.  8.  The  Lieutenant-Governor  shall  be  President  of  the 
Senate,  but  shall  have  only  a casting  vote  therein.  If,  during  a 
vacancy  in  the  office  of  Governor,  the  Lieutenant-Governor  shall 
be  impeached,  displaced,  resign,  die,  or  from  mental  or  physi- 
cal disease  become  incapable  of  performing  the  duties  of  his 
office,  or  be  absent  from  the  State,  the  Secretary  of  State  shall 
act  as  Governor  until  the  vacancy  shall  be  filled,  or  the  disabil- 
ity shall  cease.  ' 

Sec.  9.  The  Lieutenant-Governor  shall  receive  double  the  per 
diem  allowance  of  members  of  the  Senate,  for  every  day’s  attend- 
ance as  President  of  the  Senate,  and  the  same  mileage  as  shall 
be  allowed  to  members  of  the  Legislature. 

Sec.  10.  Every  bill  which  shall  have  passed  the  Legislature 
shall,  before  it  becomes  a law,  be  presented  to  the  Governor. 
If  he  approve  he  shall  sign  it;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  that  House  in  which  it  shall  have  origin- 
ated, who  shall  enter  the  objections  at  large  upon  the  journal 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
two-thirds  of  the  members  present  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  present,  it  shall  become 
a law.  But  in  all  such  cases,  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  members  vot- 
ing for  or  against  the  bill  shall  be  entered  on  the  journal  of  each 
House,  respectively.  If  any  bill  shall  not  be  returned  by  the 
46 


722 


CONSTITUTION  OF  WISCONSIN. 


Governor  within  three  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a law,  unless  the 
Legislature  shall,  by  their  adjournment,  prevent  its  return;  in 
which  case  it  shall  not  be  a law. 

ARTICLE  VI. 

A dmin  istrative. 

Section  1.  There  shall  be  chosen  by  the  qualified  electors  of 
the  State,  at  the  times  and  places  of  choosing  the  menabers  of 
the  Legislature,  a Secretary  of  State,  Treasurer,  and  Attorney- 
General,  who  shall  severally  hold  their  offices  for  the  term  of 
two  years. 

Sec.  2.  The  Secretary  of  State  shall  keep  a fair  record  of 
the  official  acts  of  the  Legislature  and  executive  department  of 
the  State,  and  shall,  when  required,  lay  the  same  and  aU  matters 
relative  thereto,  before  either  branch  of  the  Legislature.  He 
shall  be  ex  officio  auditor,  and  shall  perform  such  other  duties 
as  shall  be  assigned  him  by  law.  He  shall  receive  as  a com- 
pensation for  his  services,  yearly,  such  sum  as  shall  be  pro- 
vided by  law,  and  shall  keep  his  office  at  the  seat  of  govern- 
ment. 

Sec.  3.  The  powers,  duties  and  compensation  of  the  Treas- 
urer and  Attorney-General  shall  be  prescribed  by  law. 

Sec.  4.  Sheriffs,  coroners,  .registers  of  deeds  'and  district 
attorneys  shall  be  chosen  by  the  electors  of  the  respective  coun- 
ties, once  in  every  two  years,  and  as  often  as  vacancies  shall 
happen.  Sheriffs  shall  hold  no  other  office,  and  be  ineligible 
for  two  years  next  succeeding  the  termination  of  their  offices. 
They  may  be  required  by  law  to  renew  their  security  from  time 
to  time;  and  in  default  of  giving  such  new  security,  their  offices 
shall  be  deemed  vacant,  But  the  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff.  The  Governor  may  remove 
any  officer  in  this  section  m.entioned,  giving  to  such  officer  a 
copy  of  the  charges  against  him  and  an  opportunity  of  being 
heard  in  his  defense. 

ARTICLE  VII. 

Judiciary . 

Section  1.  The  court  for  the  trial  of  impeachment  shall  be 
composed  of  the  Senate.  The  House  of  Representatives  shall 
have  the  power  of  impeaching  all  civil  officers  of  this  State,  for 
corrupt  conduct  in  office,  or  for  crimes  and  misdemeanors;  but 


CONSTITUTION  OF  WISCONSIN. 


723 


a majority  of  aU  the  members  elected  shall  concur  in  an  impeach- 
ment. On  the  trial  of  an  impeachment  against  the  Grovernor, 
the  Lieutenant-Governor  shall  not  act  as  a member  of  the 
court.  No  judicial  officer  shall  exercise  his  office  after  he  shall 
have  been  impeached,  until  his  acquittal.  Before  the  trial  of  an 
imx)eachment,  the  members  of  the  court  shall  take  an  oath  or 
affirmation  truly  and  impartially  to  try  the  impeachment,  accord- 
ing to  evidence;  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.  Judgment 
in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office  or  removal  from  offic'e  and  disqualification 
to  hold  any  office  of  honor,  profit  or  trust,  under  the  State;  but 
the  party  impeached  shall  be  liable  to  indictment,  trial  and 
punishment  according  to  law. 

Sec.  2.  The  judicial  power  of  this  State,  both  as  to  mat- 
ters of  law  and  equity,  shall  be  vested  in  a Supreme  Court,  Cir- 
cuit Courts,  Courts  of  Probate,  and  in  justices’  of  the  peace. 
The  Legislature  may  also  vest  such  jurisdiction  as  shall  be 
deemed  necessary  in  Municipal  Courts,  and  shall  have  power  to 
establish  inferior  courts  in  the  several  counties,  with  limited 
civil  and  criminal  jurisdiction.  Provided,  That  the  jurisdiction 
which  may  be  vested  in  Municipal  Courts  shall  not  exceed,  in 
their  respective  municipalities,  that  of  Circuit  Courts  in  their 
respective  circuits,  as  prescribed  in  this  Constitution;  and  that 
the  Legislature  shall  j)rovide  as  well  for  the  election  of  judges 
of  the  Municipal  Courts  as  of  the  judges  of  inferior  courts,  by 
the  qualified  electors  of  the  respective  jurisdictions.  The  term 
of  office  of  the  judges  of  the  said  municipal  and  inferior  courts 
shall  not  be  longer  than  that  of  the  judges  of  the  Circuit  Courts. 

Sec.  3.  The  Supreme  Court,  except  in  cases  otherwise 
provided  in  this  Constitution,  shall  have  appellate  jurisdiction 
only,  which  shall  be  co-extensive  with  the  State;  but  in  no  case 
removed  to  the  Supreme  Court,  shall  a trial  by  jury  be  allowed. 
The  Supreme  Court  shall  have  a general  superintending  control 
over  all  inferior  courts;  it  shall  have  power  to  issue  writs  of 
habeas  corpus,  mandamus,  injunction,  quo  warranto,  certiorari, 
and  other  original  and  remedial  writs,  and  to  hear  and  deter- 
mine the  same. 

Sec.  4.  For  the  term  of  five  years,  and  thereafter  until 
the  Legislature  shall  otherwise  provide,  the  judges  of  the  sev- 
eral Circuit  Courts  shall  be  judges  of  the  Supreme  Court,  four  of 


724 


CONSTITUTION  OF  WISCONSIN. 


whom  shall  constitute  a quorum,  and  the  concurrence  of  a 
majority  of  the  judges  present  shall  be  necessary  to  a decision. 
The  Legislature  shall  have  power,  if  they  should  think  it  expe- 
dient and  necessary,  to  provide  by  law  for  the  organization  of  a 
separate  Supreme  Court  with  the  jurisdiction  and  powers  pre- 
scribed in  this  Constitution,  to  consist  of  one  chief  justice  and 
two  associate  justices  to  be  elected  by  the  qualified  voters  of 
the  State,  at  such  time  and  in  such  manner  as  the  Legislature 
may  provide.  The  separate  Supreme  Court,  when  so  organized, 
shall  not  be  changed  or  discontinued  by  the  Legislature;  the 
judges  thereof  shall  be  so  classified  that  but  one  of  them  shall 
go  out  of  office  at  the  same  time,  and  their  term  of  office  shall 
be  the  same  as  provided  for  the  judges  of  the  Circuit  Court. 
And  whenever  the  Legislature  may  consider  it  necessary  to 
establish  a separate  Supreme  Court,  they  shall  have  the  power  to 
reduce  the  number  of  circuit  judges  to  four,  and  subdhide  the 
judicial  districts;  but  no  such  subdivision  or  reduction  shall  take 
effect  until  after  the  expiration  of  the  term  of  some  one  of  the 
said  judges,  or  until  a vacancy  occur  by  some  other  means. 

Sec.  5.  The  State  shall  be  divided  into  five  judicial  circuits, 
to  be  composed  as  follows:  The  First  circuit  shall  comprise 
the  counties  of  Kacine,  Walworth,  Kock,  and  Green.  The 
Second  circuit,  the  counties  of  Milwaukee,  Waukesha,  Jefferson 
and  Dane.  The  Third  circuit,  the  counties  of  Washington, 
Dodge,  Columbia,  Marquette,  Sauk  and  Portage.  The  Fourth 
circuit,  the  counties  of  Brown,  Manitowoc,  Sheboygan,  Fond  du 
Lac,  Winnebago  and  Calumet.  And  the  Fifth  circuit  shall 
comprise  the  counties  of  Iowa,  La  Fayette,  Grant,  Crawford 
and  St.  Croix;  and  the  county  of  Richmond  shall  be  attached  to 
Iowa,  the  county  of  Chippewa  to  the  county  of  Crawford,  and 
the  county  of  La  Pointe  to  the  county  of  St.  Croix,  for  judicial 
purposes,  until  otherwise  provided  by  the  Legislature. 

Sec.  6.  The  Legislature  may  alter  the  limits,  or  increase 
the  number  of  circuits,  making  them  as  compact  and  conven- 
ient as  practicable,  and  bounding  them  by  county  lines;  but  no 
such  alteration  or  increase  shall  have  the  effect  to  remove  a 
judge  from  office.  In  case  of  an  increase  of  circuits,  the  judge 
or  judges  shall  be  elected  as  provided  in  this  Constitution,  and 
receive  a salary  not  less  than  that  herein  provided  for  judges 
of  the  Circuit  Court. 


CONSTITUTION  OF  WISCONSIN. 


725 


Sec.  7.  For  each  circuit  there  shall  be  a judge  chosen 
by  the  qualified  electors  therein,  who  shall  hold  his  office  as 
is  provided  in  this  Constitution,  and  until  his  successor  shall 
be  chosen  and  qualified;  and  after  he  shall  have  been  elected, 
he  shall  reside  in  the  circuit  for  which  he  was  elected.  One  of 
said  judges  shall  be  designated  as  chief  justice,  in  such  manner 
as  the  Legislature  shall  provide.  And  the  Legislature  shall,  at 
its  first  session,  provide  by  law,  as  well  for  the  election  of,  as 
for  classifying  the  judges  of  the  Circuit  Court,  to  be  elected 
under  this  Constitution  in  such  a manner  that  one  of  said 
judges  shall  go  out  of  ofilce  in  two  years,  one  in  three  years, 
one  in  four  years,  one  in  five  years  and  one  in  six  years,  and 
thereafter  the  judge  elcted  to  fill  the  office  shall  hold  the  same 
for  six  years. 

Sec.  8.  The  Circuit  Courts  shall  have  original  jurisdiction 
in  all  matters,  chi.1  and  criminal,  within  this  State,  not 
excepted  in  this  Constitution,  and  not  hereafter  prohibited  by 
law,  and  appellate  jurisdiction  from  all  inferior  courts  and  tri- 
bunals, and  a supervisory  control  over  the  same.  They  shall 
also  have  the  power  to  issue  writs  of  habeas  corpus,  mandamus, 
injunction,  quo  warranto,  certiorari,  and  all  other  writs  neces- 
sary to  carry  into  effect  their  orders,  judgments  and  decrees, 
and  give  them  a general  control  over  inferior  courts  and  juris- 
dictions. 

Sec.  9.  When  a vacancy  shall  happen  in  the  office  of 
judge  of  the  Supreme  or  Circuit  Courts,  such  vacancy  shall  be 
filled  by  an  appointment  of  the  Governor,  which  shall  continue 
until  a successor  is  elected  and  qualified;  and  when  elected, 
such  successor  shall  hold  his  office  the  residue  of  the  unex- 
pired term.  There  shall  be  no  election  for  a judge  or  judges 
at  any  general  election  for  State  or  county  officers,  nor  within 
thirty  days  either  before  or  after  such  election. 

Sec.  10.  Each  of  the  judges  of  the  Supreme  and  Circuit 
Courts  shall  receive  a salary,  payable  quarterly,  of  not  less 
than  one  thousand  five  hundred  dollars  annually;  they  shall 
receive  no  fees  of  office,  or  other  compensation  than  their  sal- 
aries; they  shall  hold  no  office  of  public  trust,  except  a judicial 
office,  during  the  term  for  which  they  are  respectively  elected, 
and  all  votes  for  either  of  them,  for  any  office  except  a judicial 
office  given  by  the  Legislature  or  the  people,  shall  be  void.  No 
person  shall  be  eligible  to  the  office  of  judge,  who  shall  not,  at 


726 


CONSTITUTION  OF  WISCONSIN. 


the  time  of  his  election,  be  a citizen  of  the  United  States,  and 
have  attained  the  age  of  tventy-five  years,  and  be  a qualified 
elector  within  the  jurisdiction  for  which  he  may  be  chosen. 

Sec.  11.  The  Supreme  Court  shall  hold  at  least  one  term 
annually,  at  the  seat  of  government  of  the  State,  at  such  time 
as  shall  be  provided  by  law,  and  the  Legislature  may  provide 
for  holding  other  terms,  and  at  other  places,  when  they  may 
deem  it  necessary.  A Circuit  Court  shall  be  held  at  least  twice - 
in  each  year,  in  each  county  of  this  State,  organized  for  judi- 
cial purposes.  The  judges  of  the  Circuit  Court  may  hold  courts 
for  each  other,  and  shall  do  so  when  required  by  law. 

Sec.  12.  There  shall  be  a clerk  of  the  Circuit  Court 
chosen  in  each  county  organized  for  judicial  purposes,  by  the 
qualified  electors  thereof,  who  shall  hold  his  office  for  two  years, 
subject  to  removal,  as  shall  be  provided  by  law.  In  case  of  a 
vacancy,  the  judge  of  the  Circuit  Court  shall  have  the  power  to 
appoint  a clerk,  until  the  vacancy  shall  be  filled  by  an  election. 
The  clerk  thus  elected  or  appointed  shall  give  such  security  as 
the  Legislature  may  require;  and  when  elected,  shall  hold  his 
office  for  a full  term.  The  Supreme  Court  shall  appoint  its  own 
clerk,  and  the  clerk  of  a Circuit  Court  may  be  appointed  clerk 
of  the  Supreme  Court. 

Sec.  13.  Any  judge  of  the  Supreme  or  Circuit  Court  may  be 
removed  from  office  by  address  of  both  houses  of  the  Legislature, 
if  two-thirds  of  all  the  members  elect  to  each  house  concur 
therein;  but  no  removal  shall  be  made  by  virtue  of  this  section, 
unless  the  judge  complained  of  shall  have  been  served  wdth  a 
copy  of  the  charges  against  him  as  the  ground  of  address,  and 
shall  have  had  an  opportunity  of  being  heard  in  his  defense.  On 
the  question  of  removal,  the  ayes  and  noes  shall  be  entered 
on  the  journals. 

Sec.  14.  There  shall  be  chosen  in  each  county,  by  the  quali- 
fied electors  thereof,  a judge  of  probate,  who  shall  hold  his  office 
for  two  years,  and  until  his  successor  shall  be  elected  and  quali- 
fied, and  whose  jurisdiction,  powers  and  duties  shall  be  pre- 
scribed by  law.  Provided,  however,  That  the  Legislature  shall 
have  power  to  abolish  the  office  of  judge  of  probate  in  any  county, 
and  to  confer  probate  powers  upon  such  inferior  courts  as  may 
be  established  in  said  county. 

Sec.  15.  The  electors  of  the  several  towns,  at  their  annual 
town  meetings,  and  the  electors  of  cities  and  villages,  at  their 


CONSTITUTION  OP  WISCONSIN. 


4 


charter  elections,  shall,  in  such  manner  as  the  Legislature  may 
direct,  elect  justices  of  the  peace,  whose  term  of  office  shall  be 
for  two  years,  and  until  their  successors  in  office  shall  be  elected 
and  qualified.  In  case  of  an  election  to  fill  a vacancy  occurring 
before  the  exjjiration  of  a full  term,  the  justice  elected  shall 
hold  for  the  residue  of  the  unexpired  term.  Their  number  and 
classifications  shall  be  regulated  by  law.  And  the  tenure  of  two 
years  shall  in  no  wise  interfere  with  the  classification  in  the 
first  instance.  The  justices  thus  elected  shall  have  such  civil 
and  criminal  jurisdiction  as  shall  be  prescribed  by  law. 

Sec.  16.  The  Legislature  shall  pass  laws  for  the  regidation 
of  tribunals  of  conciliation,  defining  their  powers  and  duties. 
Such  tribunals  may  be  established  in  and  for  any  township, 
and  shaU  have  power  to  render  judgment  to  be  obligatory  on 
the  parties,  when  they  shall  voluntarily  submit  their  matter  in 
difference  to  arbitration,  and  agree  to  abide  the  judgment,  or 
assent  thereto  in  writing. 

Sec.  17.  The  style  of  all  writs  and  process  shall  be,  ^The 
State  of  Wisconsin.”  All  criminal  prosecutions  shall  be  carried 
on  in  the  name  and  by  the  authority  of  the  same;  and  all  indict- 
ments shall  conclude  against  the  peace  and  dignity  of  the  State. 

Sec.  18.  The  Legislature  shall  impose  a tax  on  all  civU 
suits  commenced  or  prosecuted  in  the  municipal,  inferior,  or 
circuit  courts,  which  shall  constitute  a fund  to  be  applied 
toward  the  payment  of  the  salary  of  the  judges. 

Sec.  19.  The  testimony  in  causes  in  equity  shall  be  taken 
in  like  manner  as  in  cases  at  law;  and  the  office  of  master  in 
chancery  is  hereby  prohibited. 

Sec.  20.  Any  suitor  in  any  court  in  this  State  shall  have 
the  right  to  prosecute  or  defend  his  suit  either  in  his  own  proper 
person  or  by  an  attorney  or  agent  of  his  choice. 

Sec.  21.  The  Legislature  shall  j)rovide  by  law  for  the  speedy 
publication  of  all  statute  laws,  and  of  such  judicial  decisions 
made  within  the  State,  as  may  be  deemed  expedient.  And  no 
general  law  shall  be  in  force  until  published. 

Sec.  22.  The  Legislature,  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  shall  provide  for  the  appointment 
of  three  commissioners,  whose  duty  it  shall  be  to  inquire  into, 
revise,  and  simplify  the  rules  of  practice,  pleadings,  forms,  and 
proceedings,  and  arrange  a system  adapted  to  the  courts  of 
record  of  this  State,  and  report  the  same  to  the  Legislature,  sub- 


728 


CONSTITUTION  OF  WISCONSIN. 


ject  to  their  modification  and  adoption;  and  such  commission 
shall  terminate  upon  the  rendering  of  the  report,  unless  other- 
wise provided  by  law. 

Sec.  23.  The  Legislature  may  provide  for  the  appointment 
of  one  or  more  persons  in  each  organized  county,  and  may  vest 
in  such  persons  such  judicial  powers  as  shall  be  prescribed  by 
law.  Provided,  That  said  power  shall  not  exceed  that  of  a judge 
of  the  Circuit  Court  at  chambers. 

ARTICLE  VIII. 

Finance. 

Section  1.  The  rule  of  taxation  shall  be  uniform,  and  taxes 
shall  be  levied  upon  such  property  as  the  Legislature  shall  pre- 
scribe. 

Sec.  2.  No  money  shall  be  paid  out  of  the  treasury  except 
in  pursuance  of  an  appropriation  by  law. 

Sec.  3.  The  credit  of  the  State  shall  never  be  given  or  loaned 
in  aid  of  any  individual,  association,  or  corporation. 

Sec.  4.  The  State  shall  never  contract  any  public  debt, 
except  in  the  cases  and  manner  herein  provided. 

Sec.  5.  The  Legislature  shall  provide  for  an  annual  tax 
sufficient  to  defray  the  estimated  expenses  of  the  State  for  each 
year;  and  whenever  the  expenses  of  any  year  shall  exceed  the 
income,  the  Legislature  shall  provide  for  levying  a tax  for  the 
ensuing  year,  sufficient,  with  other  sources  of  income,  to  pay 
the  deficiency,  as  well  as  the  estimated  expenses  of  such  ensu- 
ing year. 

Sec.  0.  For  the  purpose  of  defraying  extraordinary  expendi- 
tures, the  State  may  contract  public  debts;  but  such  debts 
shall  never,  in  the  aggregate,  exceed  one  hundred  thousand  dol- 
lars. Every  such  debt  shall  be  authorized  by  law,  for  some 
purpose  or  purposes  to  be  distinctly  specified  therein;  and  the 
vote  of  a majority  of  all  the  members  elected  to  each  house,  to 
be  tahen  by  yeas  and  nays,  shall  be  necessary  to  the  passage  of 
such  law;  and  e^ery  such  law  shall  provide  for  leAwing  an 
annual  tax  sufficient  to  pay  the  annual  interest  of  such  debt,  and 
the  principal  Avithin  fiA^e  years  from  the  passage  of  such  law, 
and  shall  specially  appropriate  the  proceeds  of  such  taxes  to  the 
payment  of  such  principal  and  interest;  and  such  appropriation 
shall  not  be  repealed,  nor  the  taxes  be  postponed  or  diminished, 
until  the  principal  and  interest  of  such  debt  shall  haA^e  been 
w’holly  paid. 


CONSTITUTION  OF  WISCONSIN. 


729 


Sec.  7.  The  Legislature  may  also  borrow  money  to  repel 
invasion,  suppress  insurrection,  or  defend  the  State  in  time  of 
war;  but  the  money  thus  raised  shall  be  applied  exclusively  to 
the  object  for  which  the  loan  was  authorized  or  to  the  repay- 
ment of  the  debt  thereby  created. 

Sec.  8.  On  the  passage  in  either  house  of  the  Legislature, 
of  any  law  which  imposes,  continues  or  renews  a tax,  or  creates 
a debt  or  charge,  or  makes,  continues  or  renews  an  appropria- 
tion of  public  or  trust  money,  or  releases,  discharges  or  com- 
mutes a claim  or  demand  of  the  State,  the  question  shah  be 
taken  by  yeas  and  nays,  which  shall  be  duly  entered  on  the 
journal;  and  three-fifths  of  all  the  members  elected  to  such 
house,  shall  in  all  such  cases  be  required  to  constitute  a quorum 
therein. 

Sec.  9.  No  scrip,  certificate  or  other  evidence  of  State  debt 
whatsoever,  shall  be  issued,  except  for  such  debts  as  are  author- 
ized by  the  sixth  and  seventh  sections  of  this  article. 

Sec.  10.  The  State  shall  never  contract  any  debt  for  works 
of  internal  improvement,  or  be  a party  in  carrying  on  such 
works;  but  whenever  grants  of  land  or  other  property  shall 
have  been  made  to  the  State,  especially  dedicated  by  the  grant 
to  i)articular  works  of  internal  improvement,  the  State  may 
carry  on  such  particular  works,  and  shall  devote  thereto  the 
avails  of  such  grants,  and  may  pledge  or  appropriate  the 
revenues  derived  from  such  works  in  aid  of  their  completion. 

ARTICLE  IX. 

Eminent  Domain  and  Pivjoerty  of  the  State. 

Section  1.  The  State  shall  have  concurrent  jurisdiction  on 
all  rivers  and  lakes  bordering  on  this  State,  so  far  as  such 
rivers  or  lakes  shall  form  a common  boundary  to  the  State,  and 
any  other  State  or  territory  now  or  hereafter  to  be  formed  and 
bounded  by  the  same.  And  the  river  Mississippi  and  the  navi- 
gable waters  leading  into  the  Mississippi  and  St.  Lawrence, 
and  the  carrying  places  between  the  same,  shall  be  common 
highways,  and  forever  free,  as  well  to  the  inhabitants  of  the 
State  as  to  the  citizens  of  the  United  States,  without  any  tax, 
impost,  or  duty  therefor. 

Sec.  2.  The  title  of  all  lands  and  other  property,  wdiich  have 
a(^crued  to  the  territory  of  Wisconsin,  by  grant,  gift,  purchase, 
forfeiture,  escheat  or  otherwise,  shall  vest  in  the  State  of 
Wisconsin. 


730 


CONSTITUTION  OF  WISCONSIN. 


Sec.  3.  The  people  of  the  State,  in  their  right  of  sovereignty, 
are  declared  to  possess  the  ultimate  property  in  and  to  all  lands 
within  the  jurisdiction  of  the  State;  and  all  lands,  the  title 
to  which  shall  fail  from  a defect  of  heirs,  shall  revert  or  escheat 
to  the  people. 

AKTICLE  X. 

Education. 

Section  1.  The  supervision  of  public  instruction  shall  be 
vested  in  a State  Superintendent,  and  such  other  officers  as  the 
Legislature  shall  direct.  The  State  Superintendent  shall  be 
chosen  by  the  qualified  electors  of  the  State,  in  such  manner  as 
the  Legislature  shall  provide;  his  powers,  duties  and  compensa- 
tion shall  be  prescribed  by  law.  Provided,  That  his  compen- 
sation shall  not  exceed  the  sum  of  twelve  hundred  dollars 
annually. 

Sec.  2.  The  proceeds  of  all  lands  that  have  been  or  here- 
after may  be  granted  by  the  United  States  to  this  State,  for 
educational  purposes  (except  the  lands  heretofore  granted  for 
the  purposes  of  a university),  and  all  moneys,  and  the  clear 
proceeds  of  all  property,  that  may  accrue  to  the  State  by  for- 
feiture or  escheat,  and  all  moneys  which  may  be  paid  as  an 
equivalent  for  exemption  from  military  duty,  and  the  clear  pro- 
ceeds of  all  fines  collected  in  the  several  counties  for  any  breach 
of  the  penal  laws,  and  all  moneys  arising  from  any  grant  to  the 
State  where  the  purposes  of  such  grant  are  not  specified,  and 
the  five  hundred  thousand  acres  of  land  to  which  the  State  is 
entitled  by  the  provisions  of  an  act  of  Congress,  entitled  ^b\n 
act  to  appropriate  the  proceeds  of  the  sale  of  public  lands,  and 
to  grant  pre-emption  rights,”  approved  the  fourth  day  of  Sep- 
tember, one  thousand  eight  hundred  and  forty-one,  and  also  the 
five  per  centum  of  the  net  proceeds  of  the  public  lands  to  which 
the  State  shall  become  entitled  on  her  admission  into  the  Union 
(if  Congress  shall  consent  to  such  appropriation  of  the  two 
grants  last  mentioned),  shall  be  set  apart  as  a separate  fund, 
to  be  called  the  school  fund,  the  interest  of  which,  and  all  other 
revenues  dei*ived  from  the  school  lands,  shall  be  exclusively 
a])plied  to  the  following  objects,  to-wit: 

1.  To  the  support  and  maintenance  of  common  schools  in 
each  school  district,  and  the  purchase  of  suitable  libraries  and 
apparatus  therefor. 


CONSTITUTION  OF  WISCONSIN. 


731 


2.  The  residue  shall  be  appropriated  to  the  support  and 
maintenance  of  academies  and  normal  schools,  and  suitable 
libraries  and  apparatus  therefor. 

Sec.  3.  The  Legislature  shall  provide  by  law  for  the  estab- 
lishment of  district  schools,  which  shall  be  as  nearly  uniform  as 
practicable,  and  such  schools  shall  be  free  and  without  charge 
for  tuition  to  all  children  between  the  ages  of  four  and  twenty 
years,  and  no  sectarian  instruction  shall  be  allowed  therein. 

Sec.  4.  Each  town  and  city  shall  be  required  to  raise,  by 
tax,  annually,  for  the  support  of  common  schools  therein,  a sum 
not  less  than  one-half  the  amount  received  by  such  town  or 
city  respectively  for  school  purposes,  from  the  income  of  the 
school  fund. 

Sec.  5.  Provision  shall  be  made  by  law  for  the  distribu- 
tion of  the  income  of  the  school  fund  among  the  several  towns 
and  cities  of  the  State,  for  the  support  of  common  schools 
therein,  in  some  just  i)roportion  to  the  number  of  children  and 
youth  residing  therein,  between  the  ages  of  four  and  twenty 
years,  and  no  appropriation  shall  be  made  from  the  school  fund 
to  any  city  or  town  for  the  year  in  which  said  city  or  town 
shall  fail  to  raise  such  tax,  nor  to  any  school  district  for  the 
year  in  which  a school  shall  not  be  maintained  at  least  three 
months. 

Sec.  6.  Provision  shall  be  made  by  law  for  the  establish- 
ment of  a State  University,  at  or  near  the  seat  of  State  govern- 
ment, and  for  connecting  with  the  same  from  time  to  time,  such 
colleges  in  different  parts  of  the  State  as  the  interests  of  educa- 
tion may  require.  The  proceeds  of  all  lands  that  have  been 
or  may  hereafter  be  granted  by  the  United  States  to  the  State 
for  the  support  of  a university,  shall  be  and  remain  a perpetual 
fund  to  be  called  the  ^TJniversity  Fund,”  the  interest  of  which 
shall  be  appropriated  to  the  support  of  the  State  University, 
and  no  sectarian  instructions  shall  be  allowed  in  such  university. 

Sec.  7.  The  Secretary  of  State,  Treasurer  and  Attorney-Gen- 
eral shall  constitute  a board  of  commissioners  for  the  sale  of 
the  school  and  university  lands  and  for  the  investment  of  the 
funds  arising  therefrom.  Any  two  of  said  commissioners  shall 
be  a quorum  for  the  transaction  of  all  business  pertaining  to 
the  duties  of  their  office. 

Sec.  8.  Provision  shall  be  made  by  law  for  the  sale  of  all 
school  and  university  lands,  after  they  shall  have  been  appraised, 


732 


COXSTITUTIOX  OF  WISCOXSIX. 


and  when  any  portion  of  such  lands  shall  he  sold,  and  the  pur- 
chase-money shall  not  be  paid  at  the  time  of  the  sale,  the  com- 
missioners shall  take  security  by  mortgage  upon  the  land  sold 
for  the  sum  remaining  unpaid,  with  seven  per  cent  interest 
thereon,  payable  annually  at  the  office  of  the  Treasurer.  The 
commissioners  shall  be  authorized  to  execute  a good  and  suffi- 
cient conveyance  to  all  purchasers  of  such  lands  and  to  discharge 
any  mortgages  taken  as  security,  when  the  sum  due  thereon 
shall  have  been  paid.  The  commissioners  shall  have  power  to 
withhold  from  sale  any  portion  of  such  lands  when  they  shall 
deem  it  expedient,  and  shall  invest  all  moneys  arising  from  the 
sale  of  such  lands,  as  well  as  all  other  university  and  school 
funds,  in  such  manner  as  the  Legislature  shall  provide,  and 
shall  give  such  security  for  the  faithful  performance  of  their 
duties  as  may  be  required  by  law. 

AKTICLE  XL 
Corjjorations. 

Section  1.  Corporations  without  banking  powers  or  priv- 
ileges may  be  formed  under  general  laws,  but  shall  not  be  cre- 
ated by  special  act,  except  for  municipal  purposes,  and  in  cases 
where,  in  the  judgment  of  the  Legislature,  the  objects  of  the  cor- 
poration cannot  be  attained  under  general  laws.  All  general 
laws  or  special  acts  enacted  under  the  provisions  of  this  section 
may  be  altered  and  repealed  by  the  Legislature  at  any  time  after 
their  passage. 

Sec.  2.  Xo  municipal  corporation  shall  take  private  property 
for  public  use  against  the  consent  of  the  owner,  without  the 
necessity  thereof  being  first  established  by  the  verdict  o|  a 
jury. 

Sec.  3.  It  shall  be  the  duty  of  the  Legislature,  and  they  are 
hereby  empowered,  to  provide  for  the  organization  of  cities  and 
incorporated  villages,  and  to  restrict  their  power  of  taxation, 
assessment,  borrowing  money,  contracting  debts,  and  loaning 
their  credit,  so  as  to  prevent  abuses  in  assessments,  and  taxa- 
tion, and  in  contracting  debts  by  such  municipal  corporations. 

Sec.  4.  The  Legislature  shall  not  have  power  to  create, 
authorize,  or  incorporate,  by  any  general  or  special  law,  any 
bank  or  banking  power  or  privilege,  or  any  institution  or  cor- 
poration. having  any  banking  power  or  privilege  whatever, 
except  as  provided  in  this  article. 


CONSTITUTION  OF  WISCONSIN. 


733 


Sec.  5.  The  Legislature  may  submit  to  the  voters  at  any 
general  election,  the  question  of  “bank  or  no  bank,”  and  if  at 
any  such  election  a number  of  votes  equal  to  a majority  of  all 
the  votes  cast  at  such  election  on  that  subject  shall  be  in  favor 
of  banks,  then  the  Legislature  shall  have  power  to  grant  bank 
charters,  or  to  x>ass  a general  banking  law,  with  such  restric- 
tions, and  under  such  regulations  as  they  may  deem  expedient 
and  proper  for  the  security  of  the  bill  holders.  Provided,  That 
no  such  grant  or  law  shall  have  any  force  or  effect  until  the 
same  shall  have  been  submitted  to  a vote  of  the  electors  of  the 
State  at  some  general  election,  and  been  axjproved  by  a major- 
ity of  the  votes  cast  on  that  subject  at  such  election. 

ARTICLE  XII. 

Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  either  house  of  the  Legislature,  and  if 
the  same  shall  be  agreed  to  by  a majority  of  the  members 
elected  to  each  of  the  two  houses,  such  x^i‘ox)osed  amendment  or 
amendments  shall  be  entered  on  their  journals  with  the  yeas  and 
nays  taken  thereon,  and  referred  to  the  Legislature  to  be  chosen 
at  the  next  general  election,  and  shall  be  published  for  three 
months  previous  to  the  time  of  holding  such  election.  And  if 
in  the  Legislature  so  next  chosen,  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  a majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  Legislature 
to  submit  such  proposed  amendment  or  amendments  to  the 
people,  in  such  manner  and  at  such  time  as  the  Legisature  shall 
prescribe,  and  if  the  peoxde  shall  approve  and  ratify  such  amend- 
ment or  amendments  by  a majority  of  the  electors  voting  thereon, 
such  amendment  or  amendments  shall  become  part  of  the  Con- 
stitution. Provided,  That  if  more  than  one  amendment  be  sub- 
mitted, they  shall  be  submitted  in  such  manner  that  the  people 
may  vote  for  or  against  such  amendments  separately. 

Sec.  2.  If  at  any  time  a majority  of  the  Senate  and  Assembly 
shall  deem  it  necessary  to  call  a convention  to  revise  or  change 
this  Constitution,  they  shall  recommend  to  the  electors  to  vote 
for  or  against  a convention  at  the  next  election  for  members 
of  the  Legislature;  and  if  it  shall  appear  that  a majority  of 
the  electors  voting  thereon  have  voted  for  a convention,  the 
Legislature  shall  at  its  next  session  provide  for  calling  such 
convention. 


734 


CONSTITUTION  OF  WISCONSIN. 


« AETICLE  XIII. 

Miscellaneous  Provisions. 

Section  1.  The  political  year  for  the  State  of  Wisconsin  shall 
commence  on  the  first  Monday  in  January  in  each  year,  and  the 
general  election  shall  be  holden  on  the  Tuesday  succeeding  the 
first  Monday  in  November  in  each  year. 

Sec.  2.  Any  inhabitant  of  this  State  who  may  hereafter 
be  engaged,  either  directly  or  indirectly,  in  a duel,  either  as 
principal  or  accessory,  shall  forever  be  disqualified  as  an  elector, 
and  from  holding  any  office  under  the  Constitution  and  laws 
of  this  State,  and  may  be  punished  in  such  other  manner  as  shall 
be  prescribed  by  law. 

Sec.  3.  No  Member  of  Congress,  nor  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States  (postmasters 
excepted),  or  under  any  foreign  power;  no  person  convicted  oi 
any  infamous  crime  in  any  court  within  the  United  States;  and 
no  person  being  a defaulter  to  the  United  States,  or  to  this 
State,  or  to  any  county  or  town  therein,  or  to  any  State  or  ter- 
ritory within  the  United  States,  shall  be  eligible  to  any  office 
of  trust,  profit  or  honor  in  this  State. 

Sec.  4.  It  shall  be  the  duty  of  the  Legislature  to  provide 
a great  seal  for  the  State,  which  shall  be  kept  by  the  Secretary 
of  State,  and  all  official  acts  of  the  Governor,  his  approbation  of 
the  laws  excepted,  shall  be  thereby  authenticated. 

Sec.  5.  All  persons  residing  upon  Indian  lands  within  any 
county  of  the  State,  and  qualified  to  exercise  the  right  of  suf- 
frage under  this  Constitution,  shall  be  entitled  to  vote  at  the 
polls  which  may  be  held  nearest  their  residence  for  State, 
United  States  or  county  officers.  Provided,  That  no  person 
shall  vote  for  county  officers  out  of  the  county  in  which  he 
resides. 

Sec.  6.  The  elective  officers  of  the  Legislature,  other  than 
the  presiding  officers,  shall  be  a chief  clerk  and  a sergeant-at- 
arms,  to  be  elected  by  each  house. 

Sec.  7.  No  county  with  an  area  of  nine  hundred  square 
miles  or  less,  shall  be  dMded  or  have  any  part  stricken  there- 
from, without  submitting  the  question  to  a vote  of  the  people 
of  the  county,  nor  unless  a majority  of  all  the  legal  voters  of 
the  county  voting  on  the  question  shall  vote  for  the  same. 


CONSTITUTION  OF  WISCONSIN. 


735 


Sec.  8.  No  county  seat  shall  be  removed  until  the  point  to 
which  it  is  proposed  to  be  removed,  shall  be  fixed  by  law,  and 
a majority  of  the  voters  of  the  county  voting  on  the  question 
shall  have  voted  in  favor  of  its  removal  to  such  point. 

Sec.  9.  All  county  officers,  whose  election  or  appointment 
is  not  provided  for  by  this  Constitution,  shall  be  elected  by  the 
electors  of  the  respective  counties,  or  appointed  by  the  board  of 
supervisors,  or  other  county  authorities  as  the  Legislature  shall 
direct.  All  city,  town  and  village  officers,  whose  election  or 
appointment  is  not  provided  for  by  this  Constitution,  shall  be 
elected  by  the  electors  of  such  cities,  towns  and  villages,  or  of 
some  division  thereof,  or  appointed  by  such  authorities  thereof 
as  the  Legislature  shall  designate  for  that  purpose.  All  other 
officers  whose  election  or  appointment  is  not  provided  for  by 
this  Constitution,  and  all  officers  whose  offices  may  hereafter 
be  created  by  law,  shall  be  elected  by  the  people,  or  appointed 
as  the  Legislature  may  direct. 

Sec.  10.  The  Legislature  may  declare  the  cases  in  which 
any  office  shall  be  deemed  vacant,  and  also  the  manner  of  filling 
the  vacancy  where  no  provision  is  made  for  that  purpose  in  this 
Constitution. 

AETICLE  XIV. 

Schedule. 

Section  1.  That  no  inconvenience  may  arise  by  reason  of  a 
change  from  a territorial  to  a permanent  State  government,  it 
is  declared  that  all  rights,  actions,  prosecutions,  judgments, 
claims  and  contracts,  as  well  of  individuals  as  of  bodies  corpo- 
rate, shall  continue  as  if  no  such  change  had  taken  place,  and 
all  such  process  whicli  may  be  issued  under  the  authority  of  the 
territory  of  Wisconsin  previous  to  its  admission  into  the  Union 
of  the  Ignited  States,  shall  be  as  valid  as  if  issued  in  the  name 
of  the  State. 

Sec.  2.  All  laws  now  in  force  in  the  territory  of  Wisconsin, 
which  are  not  repugnant  to  this  Constitution,  shall  remain  in 
force  until  they  expire  by  their  own  limitation,  or  be  altered 
or  repealed  by  the  Legislature. 

Sec.  3.  All  fines,  penalties  or  forfeitures  accruing  to  the 
territory  of  Wisconsin,  shall  inure  to  the  use  of  the  State. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may 
be  taken  before  the  change  from  a territorial  to  a permanent 
State  government,  shall  remain  vmlid,  and  shall  pass  to,  and 


73G 


CONSTITUTION  OF  WISCONSIN. 


may  be  prosecuted  in  the  name  of  the  State,  and  all  bonds 
executed  to  the  Governor  of  the  territory,  or  to  any  other  officer 
or  court,  in  his  or  their  official  capacity,  shall  pass  to  the  Gov- 
ernor or  State  authority,  and  their  successors  in  office,  for  the 
uses  therein  respectively  expressed,  and  may  be  sued  for  and 
recovered  accordingly;  and  all  the  estate  or  property,  real,  per- 
sonal or  mixed,  and  all  judgments,  bonds,  specalties,  choses  in 
action,  and  claims  or  debts  of  whatever  description,  of  the  ter- 
ritory of  Wisconsin,  shall  inure  to  and  vest  in  the  State  of  W'is- 
consin,  and  may  be  sued  for  and  recovered  in  the  same  manner 
and  to  the  same  extent  by  the  State  of  Wisconsin  as  the 
same  could  have  been  by  the  territory  of  Wisconsin.  All 
criminal  prosecutions  and  penal  actions  which  may  have 
arisen,  or  which  may  arise  before  the  change  from  a ter- 
ritorial to  a State  government,  and  which  shall  then  be  pending, 
shall  be  prosecuted  to  judgment  and  execution  in  the  name 
of  the  State.  All  offenses  committed  against  the  laws  of  the  ter- 
ritory of  W^isconsin,  before  the  change  from  a territorial  to  a 
State  government,  and  which  shall  not  be  prosecuted  before 
such  change  may  be  prosecuted  in  the  name  and  by  the  author- 
ity of  the  State  of  Wisconsin,  with  like  effect  as  though  such 
change  had  not  taken  place;  and  all  penalties  incurred  shall 
remain  the  same  as  if  this  Constitution  had  not  been  adopted. 
All  actions  at  law,  and  suits  in  equity,  which  may  be  pending  in 
any  of  the  courts  of  the  territory  of  Wisconsin,  at  the  time  of 
the  change  from  a territorial  to  a State  government,  may  be 
continued  and  transferred  to  any  court  of  the  State  which  shall 
have  jurisdiction  of  the  subject-matter  thereof. 

Sec.  5.  All  officers,  civil  and  military,  now  holding  their 
offices  under  the  authority  of  the  United  States,  or  of  the  terri- 
tory of  Wisconsin,  shall  continue  to  hold  and  exercise  their 
respective  offices  until  they  shall  be  superseded  by  the  authority 
of  the  State. 

Sec.  G.  The  first  session  of  the  Legislature  of  the  State  of 
Wisconsin  shall  commence  on  the  first  Monday  in  June  next,  and 
shall  be  held  at  the  Aullage  of  Madison,  which  shall  be  and 
remain  the  seat  of  government  until  otherwise  provided  by  law. 

Sec.  7.  All  county,  precinct,  and  township  officers  shall  con- 
tinue to  hold  their  respective  offices,  unless  removed  by  the 
competent  authority,  until  the  Legislature  shall,  in  conformity 
with  the  provisions  of  this  Oonstitution,  provide  for  the  holding 
of  elections  to  fill  such  offices  respectively. 


CONSTITUTION  OF  WISCONSIN. 


737 


Sec.  8.  The  president  of  this  convention  shall,  immediately 
after  its  adjournment,  cause  a fair  copy  of  this  Constitution,, 
together  with  a copy  of  the  act  of  the  Legislature  of  this  ter- 
ritory, entitled  “An  act  in  relation  to  the  formation  of  a State 
government  in  Wisconsin,  and  to  change  the  time  of  holding 
the  annual  session  of  the  Legislature,”  approved  October  27, 
1847,  providing  for  the  calling  of  this  convention,  and  also  a 
copy  of  so  much  of  the  last  census  of  the  territoiy  as  exhibits 
the  number  of  its  inhabitants,  to  be  forwarded  to  the  president 
of  the  United  States,  to  be  laid  before  the  Congress  of  the 
United  States  at  its  present  session. 

Sec.  9.  This  Constitution  shall  be  submitted  at  an  election 
to  be  held  on  the  second  Monday  in  March  next,  for  ratification 
or  rejection,  to  all  white  male  persons  of  the  age  of  twenty-one 
years  or  upwmrds,  who  shall  then  be  residents  of  this  territory 
and  citizens  of  the  United  States,  or  shall  have  declared  their 
intention  to  become  such  in  conformity  with  the  laws  of  Con- 
gress on  the  subject  of  naturalization;  and  all  persons  having 
such  qualifications  shall  be  entitled  to  vote  for  or  against  the 
adoption  of  this  Constitution,  and  for  all  officers  first  elected 
under  it.  And  if  the  Constitution  be  ratified  by  said  electors, 
it  shall  become  the  Constitution  of  the  State  of  Wisconsin. 
On  such  of  the  ballots  as  are  for  the  Constitution,  shall  be 
written  or  printed  the  word  “yes;”  and  on  such  as  are  against 
the  Constitution,  the  word  “no.”  The  election  shall  be  con- 
ducted in  the  manner  now  prescribed  by  law,  and  the  returns 
made  by  the  clerks  of  the  boards  of  supervisors  or  county  com- 
missioners (as  the  case  may  be)  to  the  Oovernor  of  the  territory, 
at  any  time  before  the  tenth  of  April  next.  And  in  the  event  of 
the  ratification  of  this  Constitution,  by  a majority  of  all  the 
votes  given,  it  shall  be  the  duty  of  the  Governor  of  this  territory 
to  make  proclamation  of  the  same,  and  to  transmit  a digest  of 
the  returns  to  the  Senate  and  Assembly  of  the  State,  on  the  first 
day  of  their  session.  An  election  shall  be  held  for  Governor  and 
Lieutenant-Governor,  Treasurer,  Attorney-General,  members  of 
the  State  Legislature  and  Members  of  Congress,  on  the  second 
Monday  of  May  next,  and  no  other  or  further  notice  of  such  elec- 
tion shall  be  required. 

Sec.  10.  Two  members  of  Congress  shall  also  be  elected  on 
the  second  Monday  of  May  next;  and  until  otherwise  provided 
by  law,  the  counties  of  Milwaukee,  Waukesha,  Jefferson,  Bacine, 
47^^  


738 


CONSTITUTION  OF  WISCONSIN. 


Walworth,  Kock  and  Green  shall  constitute  the  first  Congres- 
sional district,  and  elect  one  member;  and  the  counties  of 
Washington,  Sheboygan,  Manitowoc,  Calumet,  Brown,  Win- 
nebago, Fond  du  Lac,  Marquette,  Sauk,  Portage,  Columbia, 
Dodge,  Wane,  Iowa,  LaFayette,  Grant,  Richland,  Crawford, 
Chippewa,  St.  Croix  and  La  Pointe  shall  constitute  the  second 
Congressional  district,  and  shall  elect  one  member. 

Sec.  11.  The  several  elections  provided  for  in  this  article 
shall  be  conducted  according  to  the  existing  laws  of  the  terri- 
tory. Provided,  That  no  elector  shall  be  entitled  to  vote,  ex- 
cept in  the  town,  ward  or  precinct  where  he  resides.  The  re- 
turns of  election,  for  Senators  and  Members  of  Assembly,  shall 
be  transmitted  to  the  clerk  of  the  board  of  supervisors,  or 
county  commissioners,  as  the  case  may  be,  and  the  votes  shall 
be  canvassed,  and  certificates  of  election  issued,  as  now  pro- 
vided by  law.  In  the  first  senatorial  district,  the  returns  of 
the  election  for  Senator  shall  be  made  to  the  proper  officer  in  the 
county  of  Brown;  in  the  second  senatorial  district  to  the  proper 
officer  in  the  county  of  Columbia;  in  the  third  senatorial  district, 
to  the  proper  officer  in  the  county  of  Crawford;  in  the  fourth 
senatorial  district,  to  the  proper  officer  in  the  county  of  Fond 
du  Lac;  and  in  the  fifth  senatorial  district,  to  the  proper  officer 
in  the  county  of  Iowa.  The  returns  of  election  for  State  officers 
and  members  of  Congress  shall  be  certified  and  transmitted 
to  the  speaker  of  the  Assembly,  at  the  seat  of  government,  in 
the  same  manner  as  the  votes  for  delegate  to  Congress  are 
required  to  be  certified  and  returned,  by  the  laws  of  the  terri- 
tory of  Wisconsin,  to  the  secretary  of  said  territory,  and  in  such 
time  that  they  may  be  received  on  the  first  Monday  in  June 
next;  and  as  soon  as  the  Legislature  shall  be  organized,  the 
Speaker  of  the  Assembly  and  the  President  of  the  Senate  shall 
in  the  presence  of  both  houses,  examine  the  returns,  and  declare 
who  are  duly  elected  to  fill  the  several  offices  hereinbefore  men- 
tioned, and  give  to  each  of  the  persons  elected,  a certificate  of 
his  election. 

Sec.  12.  Until  there  shall  be  a new  apportionment,  the 
Senators  and  Members  of  the  Assembly  shall  be  apportioned 
among  the  several  districts,  as  hereinbefore  mentioned,  and  each 
district  shall  be  entitled  to  elect  one  Senator  or  Member  of  the 
Assembly,  as  the  case  may  be. 


CONSTITUTION  OF  WISCONSIN. 


739 


The  counties  of  Brown,  Calumet,  Manitowoc  and  Sheboygan 
shah,  constitute  the  first  Senate  district. 

The  counties  of  Columbia,  Marquette,  Portage  and  Sauk  shall 
constitute  the  second  Senate  district. 

The  counties  of  Crawford,  Chippewa,  St.  Croix  and  La  Pointe 
shah,  constitute  the  third  Senate  district. 

The  counties  of  Fond  du  Lac  and  Winnebago  shall  constitute 
the  fourth  Senate  district. 

The  counties  of  Iowa  and  Richland  shall  constitute  the  fifth 
Senate  district. 

The  county  of  Grant  shall  constitute  the  sixth  Senate  district. 

The  county  of  La  Fayette  shall  constitute  the  seventh  Senate 
district. 

The  county  of  Green  shall  constitute  the  eighth  Senate  district. 

The  county  of  Dane  shall  constitute  the  ninth  Senate  district. 

The  county  of  Dodge  shall  constitute  the  tenth  Senate  district. 

The  county  of  Washington  shall  constitute  the  eleventh  Senate 
district. 

The  county  of  Jefferson  shall  constitute  the  twelfth  Senate 
district. 

The  county  of  Waukesha  shall  constitute  the  thirteenth  Senate 
district. 

i 

The  county  of  Walworth' shall  constitute  the  fourteenth  Senate 
district. 

The  county  of  Rock  shall  constitute  the  fifteenth  Senate  dis- 
trict. 

The  towns  of  Southport,  Pike,  Pleasant  Prairie,  Paris,  Bristol, 
Brighton,  Salem  and  Wheatland,  in  the  county  of  Racine,  shall 
constitute  the  sixteenth  Senate  district. 

The  towns  of  Racine,  Caledonia,  Mount  Pleasant,  Raymond, 
Norway,  Rochester,  Yorkville  and  Burlington,  in  the  county  of 
Racine,  shall  constitute  the  seventeenth  Senate  district. 

The  third,  fourth  and  fifth  wards  of  the  city  of  Milwaukee, 
and  the  towns  of  Lake,  Oak  Creek,  Franklin  and  Greenfield,  in 
the  county  of  Milwaukee,  shall  constitute  the  eighteenth  Senate 
district. 

The  first  and  second  wards  of  the  city  of  Milwaukee,  and 
the  towns  of  Milwaukee,  Wauwatosa  and  Granville,  in  the 
county  of  Milwaukee,  shall  constitute  the  nineteenth  Senate 
district. 

The  county  of  Brown  shall  constitute  an  Assembly  district. 


740 


CONSTITUTION  OF  WISCONSIN. 


The  county  of  Calumet  shall  constitute  an  Assembly  district. 

The  county  of  Manitowoc  shall  constitute  an  Assembly  dis- 
trict. 

The  county  of  Columbia  shaU  constitute  an  Assembly  district. 

The  counties  of  Crawford  and  Chippewa  shall  constitute  an 
Assembly  district. 

The  counties  of  St.  Croix  and  La  Pointe  shall  constitute  an 
Assembly  district. 

The  towns  of  Windsor,  Sun  Prairie  and  Cottage  Grove,  in 
the  county  of  Dane,  shall  constitute  an  Assembly  district. 

The  towns  of  Madison,  Cross  Plains,  Clarkson,  Springfield, 
Verona,  Montrose,  Oregon  and  Greenfield,  in  the  county  of  Dane, 
shall  constitute  an  Assembly  district. 

The  towns  of  Kome,  Dunkirk,  Christiana,  Albion  and  Kut- 
land,  in  the  county  of  Dane,  shall  constitute  an  Assembly  dis- 
trict. 

The  towns  of  Burnett,  Chester,  Le  Boy  and  Williamstown,  in 
the  county  of  Dodge,  shall  constitute  an  Assembly  district. 

The  towns  of  Fairfield,  Hubbard  and  Bubicon,  in  the  county 
of  Dodge,  shall  constitute  an  Assembly  district. 

The  towns  of  Hustisford,  Ashippun,  Lebanon  and  Emmett,  in 
the  county  of  Dodge,  shall  constitute  an  Assembly  district. 

The  towns  of  Elba,  Lowell,  Portland  and  Clyman,  in  the 
county  of  Dodge,  shall  constitute  an  Assembly  district. 

The  towns  of  Calamus,  Beaver  Dam,  Fox  Lake  and  Trenton, 
in  the  county  of  Dodge,  shall  constitute  an  Assembly  district. 

The  towns  of  Calumet,  Forest,  Auburn,  Byron,  Taycheedah 
and  Fond  du  Lac,  in  the  county  of  Fond  du  Lac,  shall  constitute 
an  Assembly  district.  | 

The  towns  of  Alto,  Metomen,  Ceresco,  Bosendale,  Waupun, 
Oakfield  and  Seven  Mile  Creek,  in  the  county  of  Fond  du  Lac, 
shall  constitute  an  Assembly  district. 

The  precincts  of  Hazel  Green,  Fairplay,  Smelser’s  Grove,  and 
Jamestown,  in  the  county  of  Grant,  shall  constitute  an  Assembly 
district. 

The  precincts  of  Platteville,  Head  of  Platte,  Centreville,  Mus- 
coda  and  Fennimore,  in  the  county  of  Grant,  shall  constitute 
an  Assembly  district. 

The  precincts  of  Pleasant  Valley,  Potosi,  Waterloo,  Hurri- 
cane and  New  Lisbon,  in  the  county  of  Grant,  shall  constitute 
an  Assembly  district. 


CONSTITUTION  OF  WISCONSIN. 


741 


The  precincts  of  Beetown,  Patch  Grove,  Cassville,  Millville 
and  Lancaster,  in  the  county  of  Grant,  shall  constitute  an  As- 
sembly district. 

The  county  of  Green  shall  constitute  an  Assembly  district. 

The  precincts  of  Dallas,  Peddlers  Creek,  Mineral  Point  and 
YelloAV  Stone,  in  the  county  of  Iowa,  shall  constitute  an  Assem- 
bly district. 

The  precincts  of  Franklin,  Dodgeville,  Porter’s  Grove,  Arena 
and  Purcussion,  in  the  county  of  Iowa  and  the  county  of  Rich- 
land, shall  constitute  an  Assembly  district. 

The  towns  of  Watertown,  Aztalan  and  Waterloo,  in  the 
county  of  Jefferson,  shall  constitute  an  Assembly  district. 

The  towns  of  Ixonia,  Concord,  Sullivan,  Hebron,  Cold  Spring 
and  Palmyra,  in  the  county  of  Jefferson,  shall  constitute  an 
Assembly  district. 

The  towns  of  Lake  Mills,  Oakland,  Koshkonong,  Farmington 
and  Jefferson,  in  the  county  of  Jefferson,  shall  constitute  an 
Assembly  district. 

The  precincts  of  Benton,  Elk  Grove,  Belmont,  Willow  Springs, 
Prairie,  and  that  part  of  Shullsburgh  precinct  north  of  town 
one,  in  the  county  of  La  Fayette,  shall  constitute  an  Assembly 
district. 

The  precincts  of  Wiota,  Wayne,  Gratiot,  White  Oak  Springs, 
Fever  River,  and  that  part  of  Shullsburgh  precinct  south  of 
town  two,  in  the  county  of  LaFayette,  shall  constitute  an 
Assembly  district. 

The  county  of  ^Marquette  shall  constitute  an  Assembly  district. 

The  first  ward  of  the  city  of  Milwaukee  shall  constitute  an 
Assembly  district. 

The  second  ward  of  the  city  of  Milwaukee  shall  constitute  an 
Assembly  district. 

The  third  ward  of  the  cit}'  of  Milwaukee  shall  constitute  an 
Assembly  district. 

The  fourth  and  fifth  wards  of  the  city  of  Milwaukee  shall 
constitute  an  Assembly  district. 

The  towns  of  Franklin  and  Oak  Creek,  in  the  county  of  Mil- 
waukee, shall  constitute  an  Assembly  district. 

The  towns  of  Greenfield  and  Lake,  in  the  county  of  Milwau- 
kee, shall  constitute  an  Assembly  district. 

The  towns  of  Granville,  Wauwatosa  and  Milwaukee,  in  the 
county  of  Milwaukee,  shall  constitute  an  Assembly  district. 


742 


CONSTITUTION  OF  WISCONSIN. 


The  county  of  Portage  shall  constitute  an  Assembly  district 

The  town  of  Kacine,  in  the  county  of  Kacine,  shall  constitute 
an  Assembly  district. 

The  towns  of  Norway,  Kaymond,  Caledonia  and  Mount  Pleas- 
ant, in  the  county  of  Kacine,  shall  constitute  an  Assembly  dis- 
trict. 

The  towns  of  Rochester,  Burlington  and  Yorkville,  in  the 
county  of  Racine,  shall  constitute  an  Assembly  district. 

The  towns  of  Southport,  Pike  and  Pleasant  Prairie,  in  the 
county  of  Racine,  shall  constitute  an  Assembly  district. 

The  towns  of  Paris,  Bristol,  Brighton,  Salem  and  Wheatland, 
in  the  county  of  Racine,  shall  constitute  an  Assembly  district. 

The  towns  of  Janesville  and  Bradford,  in  the  county  of  Rock, 
shall  constitute  an  Assembly  district. 

The  towns  of  Beloit,  Turtle  and  Clinton,  in  the  county  of  Rock, 
shall  constitute  an  Assembly  district. 

The  towns  of  Magnolia,  Union,  Porter  and  Fulton,  in  the 
county  of  Rock,  shall  constitute  an  Assembly  district. 

The  towns  of  Milton,  Lima  and  Johnstown,  in  the  county  of 
Bock,  shall  constitute  an  Assembly  district. 

The  towns  of  Newark,  Rock,  Avon,  Spring  Valley  and  Center, 
in  the  county  of  Rock,  shall  constitute  an  Assembly  district. 
Provided,  That  if  the  Legislature  shall  divide  the  town  of  Center, 
they  may  attach  such  part  of  it  to  the  district  lying  next  north 
as  they  deem  expedient. 

The  county  of  Sauk  shall  constitute  an  Assembly  district. 

Precincts  numbered  one,  three  and  seven,  in  the  county  of 
Sheboygan,  shall  constitute  an  Assembly  district. 

Precincts  numbered  two,  four,  five  and  six,  in  the  county  of 
Sheboygan,  shall  constitute  an  Assembly  district. 

The  towns  of  Troy,  East  Troy,  and  Spring  Prairie,  in  the 
county  of  Walworth,  shall  constitute  an  Assembly  district. 

The  towns  of  Whitewater,  Richmond  and  Le  Grange,  in  the 
county  of  Walworth,  shall  constitute  an  Assembly  district. 

The  towns  of  Geneva,  Hudson  and  Bloomfield,  in  the  county  of 
Walforth,  shall  constitute  an  Assembly  district. 

The  towns  of  Darien,  Sharon,  Walworth  and  Linn,  in  the 
county  of  WaHvorth,  shall  constitute  an  Assembly  district. 

The  towns  of  Delavan,  Sugar  Creek,  La  Fayette  and  Elkhorn, 
in  the  county  of  Walworth,  shall  constitute  an  Assembly  district 

The  towns  of  Lisbon,  Menomonee  and  Brookfield,  in  the 
county  of  Waukesha,  shall  constitute  an  Assembly  district. 


CONSTITUTION  OF  WISCONSIN. 


743 


The  towns  of  Warren,  Oconomowoc,  Summit  and  Ottawa, 

! in  the  county  of  Waukesha,  shall  constitute  an  Assembly  dis- 
’ trict 

: The  towns  of  Delalield,  Genesee  and  Pewaukee,  in  the  county 

; of  Waukesha,  shall  constitute  an  Assembly  district. 

The  towns  of  Waukesha  and  New  Berlin,  in  the  county  of 
; Waukesha,  shall  constitute  an  Assembly  district. 

The  towns  of  Eagle,  Mukwonago,  Vernon  and  Muskego,  in 
! the  county  of  Waukesha,  shall  constitute  an  Assembly  district. 

The  towns  of  Port  Washington,  Fredonia  and  Clarence,  in  the 
J county  of  Washington,  shall  constitute  an  Assembly  district. 

The  towns  of  Grafton  and  Jackson,  in  the  county  of  Washing- 
, ton,  shall  constitute  an  Assembly  district. 

The  towns  of  Mequon  and  Germantown,  in  the  county  of 
j Washington  shall  constitute  an  Assembly  district. 

The  towns  of  Polk,  Kichfield  and  Erin,  in  the  county  of  Wash- 
i ington,  shall  constitute  an  Assembly  district. 

The  towns  of  Hartford,  Addison,  West  Bend  and  North  Bend, 

. in  the  county  of  Washington,  shall  constitute  an  Assembly 
district. 

The  county  of  Winnebago  shall  constitute  an  Assembly  dis- 
trict. 

! The  foregoing  districts  are  subject,  however,  so  far  to  be  al- 
i tered  that  Avhen  any  new  town  shall  be  organized,  it  may  be 
i added  to  either  of  the  adjoining  Assembly  districts. 

Sec.  13.  Such  parts  of  the  common  law  as  are  now  in  force 
^ in  the  territory  of  Wisconsin,  not  inconsistent  with  this  Con- 
i siitution,  shall  be  and  continue  part  of  the  law  of  this  State  until 
I altered  or  suspended  by  the  Legislature. 

I Sec.  14.  The  Senators  first  elected  in  the  even  numbered 
Senate  districts,  the  Governor,  Lieutenant-Governor,  and  other 

I ' 

State  officers  first  elected  under  this  Constitution,  shall  enter 
' upon  the  duties  of  their  respective  offices  on  the  first  Monday 
I of  June  next,  and  shall  continue  in  office  for  one  year  from  the 
I first  Monday  of  January  next.  The  Senators  first  elected  in  the 
j odd  numbered  Senate  districts,  and  the  ^lembers  of  the  Assem- 
I bly  first  elected  shall  enter  upon  their  duties  respectively  on 
I the  first  ^Fonday  of  June  next,  and  shall  continue  in  office  until 
the  first  ^Fonday  in  January  next. 

Sec.  L5.  The  oath  of  office  may  be  administered  by  any 
' judge  or  justice  of  the  peace,  until  the  Legislature  shall  other- 
^ wise  direct. 

1 

I 


744 


CONSTITUTION  OF  WISCONSIN. 


Resolutions. 

Kesolved,  That  the  Congress  of  the  United  States  be,  and  is 
hereby  requested,  upon  the  application  of  Wisconsin  for  ad- 
mission into  the  Union,  so  to  alter  the  provisions  of  an  act  of 
Congress,  entitled  ‘^An  act  to  grant  a quantity  of  land  to  the 
territory  of  Wisconsin,  for  the  purpose  of  aiding  in  opening  a 
canal  to  connect  the  waters  of  Lake  Michigan  with  those  of 
Eock  river,*’  approved  June  eighteenth,  eighteen  hundred  and 
thirty-eight,  and  so  to  alter  the  terms  and  conditions  of  the 
grant  made  therein,  that  the  odd  numbered  sections  thereby 
granted,  and  remaining  unsold,  may  be  held  and  disposed  of 
by  the  State  of  Wisconsin,  as  a part  of  the  five  hundred  thou- 
sand acres  of  land  to  which  said  State  is  entitled  by  the  pro- 
visions of  an  act  cf  Congress,  entitled  ‘‘An  act  to  appropriate 
the  proceeds  of  the  sales  of  the  public  lands,  and  to  grant  pre- 
emj)tion  rights,”  approved  the  fourth  day  of  September,  eigh- 
teen hundred  and  forty-one;  and  further,  that  the  even  num- 
bered sections  reserved  by  Congress  may  be  offered  for  sale  by 
the  United  States  for  the  same  minimum  price,  and  subject  to 
the  same  rights  of  pre-emption  as  other  public  lands  of  the 
United  States. 

Eesolved,  That  Congress  be  further  requested  to  pass  an  act 
whereby  the  excess  price  o^’er  and  aboA^e  one  dollar  and  twenty- 
five  cents  per  acre,  which  may  have  been  paid  by  the  purchasers 
of  said  eA^en  numbered  sections  Avhich  shall  liaA^e  been  sold  by 
the  United  States,  be  refunded  to  the  present  OAvners  thereof, 
or  they  be  allowed  to  enter  any  of  the  public  lands  of  the  United 
States,  to  an  amount  equal  in  A'alue  to  the  excess  so  paid. 

Eesolved,  That  in  case  the  odd  numbered  sections  shall  be 
ceded  to  the  State  as  aforesaid,  the  same  shall  be  sold  by  the 
State  in  the  same  manner  as  other  school  lands.  Pro  Added, 
That  the  same  rights  of  pre-emption  as  are  now  granted  by  the 
laAvs  of  the  United  States  shall  be  secured  to  persons  who  may  be 
actually  settled  upon  such  lands  at  the  time  of  the  adoption  of 
this  constitution.  And  ]>rovided  further,  that  the  excess  price 
over  and  aboA^e  one  dollar  and  twenty-fiA-e  cents  per  acre,  abso- 
lutely or  conditionally  contracted  to  be  paid  by  the  purchasers  of 
any  part  of  said  sections  which  shall  liaA^e  been  sold  by  the 
territory  of  Wisconsin,  slmll  be  remitted  to  such  purchasers, 
their  representatiA'es  or  as'signs. 

Eesoh'Cd,  That  Congress  be  requested,  upon  the  application  of 
Wisconsin  for  admission  into  the  Union,  to  pass  an  act  whereby 


CONSTITUTION  OF  WISCONSIN. 


745 


the  grant  of  five  hundred  thousand  acres  of  land,  to  which  the 
State  of  Wisconsin  is  entitled  by  the  provisions  of  an  act  of 
Congress,  entitled  “An  act  to  appropriate  the  proceeds  of  the 
sales  of  the  public  lands,  and  to  grant  pre-emption  rights,”  ap- 
proved the  fourth  day  of  September,  eighteen  hundred  and 
forty-one,  and  also  the  five  per  centum  of  the  net  proceeds  of  the 
public  lands  lying  within  the  State,  to  which  it  shall  become 
entitled  on  its  admission  into  the  Union,  by  the  provisions  of 
an  act  of  Congress,  entitled  “An  act  to  enable  the  people  of  Wis- 
consin territory  to  form  a constitution  and  State  government, 
and  for  the  admission  of  such  State  into  the  Union,”  approved 
the  sixth  day  of  August,  eighteen  hundred  and  forty-six,  shall 
be  granted  to  the  State  of  Wisconsin  for  the  use  of  schools,  in- 
stead of  the  purposes  mentioned  in  said  acts  of  Congess 
respectively. 

Kesolved,  That  the  Congress  of  the  United  States  be,  and 
hereby  is  requested,  upon  the  admission  of  this  State  into  the 
Union,  so  to  alter  the  provisions  of  the  act  of  Congress,  entitled 
“An  act  to  grant  certain  quantity  of  land  to  aid  in  the  improve- 
ment of  the  Fox  and  Wisconsin  rivers,  and  to  connect  the  same 
by  a canal  in  the  territory  of  Wisconsin,”  that  the  price  of  the 
lands  reserved  to  the  United  States  shall  be  reduced  to  the 
minimum  price  of  the  public  lands. 

Resolved,  That  the  Legislature  of  this  State  shall  make  pro- 
vision by  law  for  the  sale  of  the  lands  granted  to  the  State  in 
aid  of  said  improvements,  subject  to  the  same  rights  of  pre- 
emption to  the  settlers  thereon,  as  are  now  allowed  by  law  to 
the  settlers  on  the  public  lands. 

Resolved,  That  the  foregoing  resolutions  be  appended  to  and 
signed  with  the  constitution  of  Wisconsin,  and  submitted  there- 
with to  the  people  of  this  territory,  and  to  the  Congress  of  the 
United  States. 

We,  the  undersigned,  members  of  the  convention  to  form  a 
constitution  for  the  State  of  Wisconsin,  to  be  submitted  to  the 
people  thereof  for  their  ratification  or  rejection,  do  hereby  cer- 
tify that  the  foregoing  is  the  constitution  'adopted  by  the 
convention. 

In  testimony  whereof  we  have  hereunto  set  our  hands,  at 
Madison,  the  first  day  of  February,  A.  I),  eighteen  hundred  and 
fortv-eight. 

MORGAN  L.  MARTIN, 

President  of  the  Convention  and  Delegate  from  Drown  County. 


74G 


CONSTITUTION  OF  WISCONSIN. 


THOS.  M’HUOH,  Secretary. 

O.  W.  FEATHERSTONHAUGH,  Calumet. 

JAMES  T.  LEWIS,  Columbia. 

DANIEL  G.  FENTON,  Crawford. 

WILLIAM  H.  FOX,  CHARLES  M.  NICHOLS,  WILLIAM  A. 
WHEELER,  Dane. 

STODDARD  JUDD,  CHARLES  H.  LARRABEE,  SAMUEL 
W.  LYMAN,  Dodge. 

SAMUEL  W.  BEALL,  WARREN  CHASE,  Fond  du  Lac. 
ORSAMUS  COLE,  GEORGE  W.  LAKIN,  ALEXANDER  D. 
RAMSAY,  WILLIAM  RICHARDSON,  JOHN  HAWKINS 
ROUNDTREE,  Grant. 

JAMES  BIGGS,  Green. 

CHARLES  BISHOP,  STEPHEN  P.  HOLLENBECK,  JOSEPH 
WARD,  Iowa. 

JONAS  FOLTS,  MILO  JONES,  THEODORE  /PRENTISS, 
ABRAM  VANDERPOOL,  Jefferson. 

CHARLES  DUNN,  JOHN  O’CONNOR,  ALLEN  WARDEN, 
La  Fayette. 

JOHN  L.  DORAN,  GARRETT  M.  FITZGERALD,  ALBERT 
FOWLER,  BYRON  KILBOURN,  RUFUS  KING,  CHARLES  H. 
liARKIN,  :M0RITZ  SCHOEFFLER,  MHwaukee. 

WILLIAM  H.  KENNEDY,  Portage. 

ALBERT  G.  COLE,  STEPHEN  A.  DAVENPORT,  ANDREW 
B.  JACKSON,  FREDERICK  S.  LOVELL,  SA^ilUEL  R.  M’CLEL- 
LAN,  JAMES  D.  REYMERT,  HORACE  T.  SANDERS,  THE- 
DORE  SECOR,  Racine. 

ALMERIN  M.  CARTER,  JOSEPH  COLLEY,  PAUL  CRAN- 
DALL, EZRA  A.  FOOT,  LOUIS  P.  HARVEY,  EDWARD  V. 
WHITON,  Rock. 

SILAS  STEADMAN,  Sheboygan. 

EXPERIENCE  ESTABROOK,  GEORGE  GALE,  JAMES 
HARRINGTON,  AUGUSTUS  C.  KINNE,  HOLLIS  LATHAM, 
EZRA  A.  MULFORD,  Walworth. 

JAMES  FAGAN,  PATRICK  PENTONY,  HARVEY  G. 
TURNER,  Washington. 

SQUIRE  S.  CHASE,  ALFRED  L.  CASTLEMAN,  PETER  D. 
GIFFORD,  ELEAZOR  ROOT,  GEORGE  SCAGEL,  W^aukesha. 
HARRISON  REED,  Winnebago. 


CONSTITUTION  OF  WISCONSIN. 


747 


Amendments. 

ARTICLE  I. 

Section  8.  No  person  shall  be  held  to  answer  for  a criminal 
offense  without  due  process  of  law,  and  no  person,  for  the  same 
offense,  shall  be  put  twice  in  jeopardy  of  punishment,  nor  shall 
be  compelled  in  any  criminal  case  to  be  a witness  against 
himself.  All  persons  shall  before  conviction  \be  bailable  by 
sufficient  sureties,  except  for  capital  offenses  when  the  proof  is 
evident  or  the  presumption  great;  and  the  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended  unless  when  in  cases 
of  rebellion  or  invasion  the  public  safety  may  require  it. 

ARTICLE  III. 

Section  1.  Every  male  p(  rson  of  the  age  of  twenty-one  years 
or  upwards  belonging  to  either  of  the  following  classes  who  shall 
have  resided  within  the  State  for  one  year  next  preceding  any 
election,  and  in  the  election  district  where  he  offers  to  vote  such 
time  as  may  be  prescribed  by  the  Legislature,  not  exceeding 
thirty  days,  shall  be  deemed  a qualified  elector  at  such  election: 

1.  Citizens  of  the  United  States. 

2.  Persons  of  foreign  birth  W’ho  shall  have  declared  their 
intention  to  become  citizens  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization. 

3.  Persons  of  Indian  blood  who  have  once  been  declared  by 
law  of  /Congress  ho  be  citizens  of  the  United  States,  any 
subsequent  law^  of  Congress  to  the  contrary  notwithstanding. 

4.  Civilized  persons  of  Indian  descent  not  members  of  any 
tribe;  provided,  that  the  Legislature  may  at  any  time  extend  by 
law  the  right  of  suffrage  to  persons  not  herein  enumerated;  but 
no  such  law  shall  be  in  force  until  the  same  shall  be  submitted 
to  a vote  of  the  people  at  a general  election  and  approved  by  a 
majority  of  all  the  votes  cast  at  such  election;  and  provided 
further,  that  in  incorporated  cities  and  villages,  the  Legislature 
may  provide  for  the  registration  of  electors  and  prescribe  proper 
rules  and  regulations  therefor. 

ARTICLE  IV. 

Sec.  4.  The  members  of  the  Assembly  shall  be  chosen  bi- 
ennially, by  single  districts,  on  the  Tuesday  succeeding  the  first 
Monday  of  November  after  the  adoption  of  this  amendment,  by 
the  qualified  electors  of  the  several  districts;  such  districts  to 


74S 


CONSTITUTION  OF  WISCONSIN. 


be  bounded  by  county,  precinct,  town  or  ward  lines,  to  consist 
of  contiguous  territory,  and  to  be  in  'as  compact  form  ae 
practicable. 

Sec.  5.  The  Senators  shall  be  elected  by  single  districts  of 
convenient  contiguous  terrirory,  at  the  same  time  and  in  the 
same  manner  as  members  of  the  Assembly  are  required  to  be 
chosen,  and  no  Assembly  district  shall  be  divided  in  the  forma- 
tion of  a Senate  district.  The  Senate  districts  shall  be  numbered 
in  the  regular  series,  and  the  Senators  shall  be  chosen  alternately 
from  the  odd  and  even  numbered  districts.  The  Senators 
elected,  or  holding  over  at  the  time  of  the  adoption  of  this 
amendment,  shall  continue  in  office  till  their  successors  are  duly 
elected  and  qualihed;  and  after  the  adoption  of  this  amend- 
ment, all  senators  shall  be  chosen  for  the  term  of  four  years. 

Sec.  11.  The  Legislature  shall  meet  at  the  seat  of  govern- 
ment at  such  time  as  shall  be  provided  by  law,  once  in  two 
years  and  no  oftener,  unless  convened  by  the  Governor  in  special 
session,  and  when  so  convened  no  business  shall  be  transacted 
except  as  shall  be  necessary  to  accomplish  the  special  purposes 
for  which  it  was  convened. 

Sec.  21.  Each  member  of  the  Legislature  shall  receive  for 
his  services,  for  and  during  a regular  session,  the  sum  of  five 
hundred  dollars,  and  ten  cents  for  every  mile  he  shall  travel  in 
going  to  and  returning  from  the  place  of  meeting  of  the 
Legislature  on  the  most  usual  route.  In  case  an  extra  session  of 
the  Legislature,  no  additional  compensation  shall  be  allowed  to 
any  member  thereof,  either  directly  or  indirectly,  except  for 
mileage,  to  be  computed  at  the  same  rate  as  for  a regular 
session.  No  stationery,  nev  spapers,  postage  or  other  perquisite, 
except  the  salary  and  mileage  above  provided,  shall  be  received 
from  the  State  by  any  member  of  the  Legislature  for  his  services, 
or  in  any  other  manner  as  such  member. 

Sec.  31.  The  Legislature  is  prohibited  from  enacting  any 
special  or  private  laws  in  the  following  cases:  1st.  For  changing 
the  name  of  })ersons  or  constituting  one  person  the  heir-at-law 
of  another.  2.  For  laying  out,  0])ening  or  altering  highways, 
execept  in  cases  of  State  roads  extending  into  more  than  one 
county,  and  military  roads  to  aid  in  the  construction  of  which 
lauds  may  be  gi’anted  by  Congress.  Bd.  For  authorizing  persons  to 
keep  ferries  across  streams,  at  points  wholly  within  this  State. 
4th.  For  authorizing  the  sale  or  mortgage  of  real  or  personal 


CONSTITUTION  OF  WISCONSIN. 


749 


property  of  minors  or  others  under  disability.  5th.  For  locat- 
ing or  changing  any  county  seat.  6th.  For  assessment  or 
collection  of  taxes  or  for  extending  the  time  for  collection 
thereof.  7th.  For  granting  corporate  powers  or  privileges, 
except  to  cities.  8th.  For  authorizing  the  apportionment  of  any 
part  of  the  school  fund.  9th.  For  incorporating  any  city,  town 
or  village,  or  to  amend  the  charter  thereof. 

Sec.  32.  The  Legislature  shall  provide  general  laws  for  the 
transaction  of  any  business  that  may  be  prohibited  by  section 
thirty-one  of  this  article,  and  all  such  laws  shall  be  uniform  in 
their  operations  throughout  the  State. 

AKTICLE  V. 

Sec.  5.  The  Governor  shall  receive  during  his  continuance 
in  office,  an  annual  compensation  of  five  thousand  dollars,  which 
shall  be  in  full  for  all  traveling  or  other  expenses  incident  to 
his  duties. 

Sec.  9.  The  Lieutenant-Governor  shall  receive  during  his 
continuance  in  office,  an  annual  compensation  of  one  thousand 
dollars. 

ARTICLE  VI. 

Sec.  4.  Sheriffs,  coroners,  registers  of  deeds,  district 
attorneys,  and  all  other  county  officers,  except  judicial  officers, 
shall  be  chosen  by  the  electors  of  the  respective  counties,  once 
in  every  two  years.  Sheriffs  shall  hold  no  other  office,  and  be 
ineligible  for  two  years  next  succeeding  the  termination  of  their 
offices ; they  may  be  required  by  law  to  renew  their  security  from 
time  to  time,  and  in  default  of  giving  such  new  security  their 
office  shall  be  deemed  vacant,  but  the  county  shall  never  be 
made  responsible  for  the  acts  of  the  Sheriff.  The  Governor  may 
remove  any  officer  in  this  section  mentioned,  girtng  to  such  a 
copy  of  the  charges  against  him  and  an  opportunity  of  being 
heard  in  his  defense.  All  vacancies  shall  be  filled  by  appoint- 
ment, and  the  person  appointed  to  fill  a vacancy  shall  hold  only 
for  the  unexpired  portion  of  the  term  to  which  he  shall  be 
appointed  and  until  his  successor  shall  be  elected  and  qualified. 

ARTICLE  Vn. 

Sec.  4.  The  Supreme  Court  shall  consist  of  one  chief  justice 
and  four  associate  J justices,  to  be  elected  by  the  qualified 
electors  of  the  State.  The  Legislature  shall,  at  its  first  session 
after  the  adoption  of  this  amendment,  provide  by  law  for  the 


750 


CONSTITUTION  OF  WISCONSIN. 


election  of  two  associate  justices  of  said  court,  to  hold  their 
offices  for  terms  ending  two  and  four  years  respectively,  after 
the  end  of  the  term  of  the  justice  of  the  said  court  then  last  to 
expire.  And  thereafter  the  chief  justice  and  associate  justices 
of  the  said  court  shall  be  elected  and  hold  their  offices  respec- 
tively for  the  term  of  ten  years. 

Sec.  12.  There  shall  be  a clerk  of  the  Circuit  Court  chosen 
in  each  county  organized  for  judicial  purposes  by  the  qualified 
electors  thereof,  who  shall  hold  his  office  for  two  years,  subject 
to  removal  as  shall  be  provided  by  law;  in  case  of  a vacancy 
the  judge  of  the  Circuit  Court  shall  have  power  to  appoint  a 
clerk  until  the  vacancy  shall  be  filled  by  an  election;  the  clerk 
thus  elected  or  appointed  shall  give  such  security  as  the  Legis- 
lature may  require.  The  Supreme  Court  shall  appoint  its  own 
clerk  and  a clerk  of  the  Circuit  Court  may  be  appointed  a clerk 
of  the  Supreme  Court. 

AKTICLE  VIII. 

Sec.  2.  No  money  shall  be  paid  out  of  the  treasury,  except 
in  pursuance  of  an  appropriation  by  law.  No  appropriation 
shall  be  made  for  the  payment  of  any  claim  against  the  State, 
except  claims  of  the  United  States  and  judgments,  unless  filed 
within  six  years  after  the  claim  accrued. 

ARTICLE  XI. 

Sec.  3.  It  shall  be  the  duty  of  the  Legislature,  and  they  are 
hereby  empowered  to  provide  for  the  organization  of  cities  and 
incorporated  villages,  and  to  restrict  their  power  of  taxation, 
assessment,  borrowing  money,  contracting  debts,  and  loaning 
their  credit,  so  as  to  prevent  abuses  in  assessments  and  taxa- 
tion, and  in  contracting  debts  by  such  municipal  corporations. 
No  county,  city,  town,  village,  school  district,  or  other  municipal 
corporation,  shall  be  allowed  to  become  indebted  in  any  manner 
or  for  any  purpose,  to  any  amount,  including  existing  indebted- 
ness, in  the  aggregate  exceeding  five  per  centum  on  the  value 
of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  State  and  county  taxes,  previous  to  the  incurring 
of  such  indebtedness.  Any  county,  city,  town,  village,  school  dis- 
trict, or  other  municipal  corporation,  incurring  any  indebtedness 
as  aforesaid,  shall  before  or  at  the  time  of  doing  so,  provide  for 
the  collection  of  a direct  annual  tax  sufficient  to  pay  the  interest 


CONSTITUTION  OF  WISCONSIN. 


751 


on  said  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  thereof  within  twenty  years  from  the  time  of  contract- 
ing the  same. 

ARTICLE  XIII. 

Section  1.  The  political  year  for  the  State  of  Wisconsin  shall 
commence  on  the  first  Monday  in  January  in  each  year,  and  the 
general  elections  shall  be  holden  on  the  Tuesday  next  succeeding 
the  first  Monday  in  November.  The  first  general  election  for  all 
State  and  county  officers,  except  judicial  officers,  after  the  adop- 
tion of  this  amendmjmt,  shall  be  holden  in  the  year  A.  D. 
eighteen  hundred  and  eighty-four,  and  thereafter  the  general 
election  shall  be  held  biennially.  All  State,  county  or  other 
officers  elected  at  the  general  election  in  the  year  eighteen 
hundred  and  eighty-one,  and  whose  term  of  office  would  other- 
wise expire  on  the  first  Monday  of  January  in  the  year  eighteen 
hundred  and  eighty-four,  shall  hold  and  continue  in  such  office 
respectively,  until  the  first  Monday  in  January  in  the  year 
eighteen  hundred  and  eighty-five. 

ARTICLE  VII. 

Sec.  4.  The  chief  justice  and  associate  justices  of  the  Supreme 
Court  shall  be  severally  known  as  justices  of  said  court  with  the 
same  terms  of  office,  respectively,  as  now  provided.  The 
Supreme  Court  shall  consist  of  five  justices  (any  three  of  whom 
shall  be  a quorum),  to  be  elected  as  now  provided.  The  justice 
having  been  longest  a continuous  member  of  the  court  (or  in 
case  of  two  or  more  of  such  senior  justices  having  served  for  the 
same  length  of  time,  then  the  one  whose  commission  first 
expires),  shall  be  ex-officio  the  chief  justice. 


CONSTITUTION 


OF  THE 

STATE  OF  WYOMING. 


CONSTITUTION  OF  THE  STATE  OF  WYOMING 


Article 

1.  Declaration  of  rights. 

2.  Distribution  of  powers. 

3.  Legislative  department. 

4.  Executive  department. 

5.  Judicial  department. 

6.  Suffrage. 

7.  Education. 

8.  Irrigation  and  water  rights. 

9.  Mines  and  mining. 

10.  Corporations. 

11.  Boundaries. 

12.  County  organization. 

13.  Municipal  corporations. 

14.  Salaries. 

15.  Taxation  and  revenue. 

16.  Public  indebtedness. 

17.  State  militia. 

18.  Public  lands  and  donations. 

19.  Miscellaneous. 

20.  Amendment. 

21.  Schedule. 

Preamble. 

ARTICLE  I. 

Declaration  of  Eights. 

Section 

1.  All  power  is  inherent  in  the 

people. 

2.  In  their  inherent  right  of  life, 

liberty  and  the  pursuit  of  hap- 
piness, all  members  of  the 
human  race  are  equal. 

3.  Political  equality. 

4.  Security  against  unreasonable 

searches  and  seizures. 

5.  No  person  shall  be  imprisoned 

for  debt,  except  in  cases  of 
fraud. 

6.  No  person  shall  be  deprived 

of  life,  liberty  or  property 
without  due  process  of  law. 

7.  Liberty  and  property  of  free- 

men. 

8.  All  courts  shall  be  open. — Jus- 

tice administered  without  sale 
or  delay. 


Section 

9.  The  right  of  trial  by  jury  shall 
remain  inviolate  in  criminal 
cases. 

10.  In  criminal  prosecutions  accused 

shall  have  the  right  to  defend 
in  person  and  by  counsel. 

11.  No  person  compelled  to  testify 

against  himself.  — No  person 
in  jeopardy  twice  for  the  same 
offense. 

12.  Witnesses  not  to  be  unreason- 

ably detained. 

13.  Persons  proceeded  against  crimi- 

nally by  indictment. 

14.  All  persons  shall  be  bailable. — 

Excessive  bail  and  cruel  pun- 
ishments prohibited. 

15.  The  Penal  Code  shall  be  framed 

on  the  humane  principles  of 
reformation  and  prevention. 

16.  In  regard  to  prisons  and  im- 

prisonment. 

17.  Habeas  corpus. 

18.  Freedom  of  religious  thought 

and  worship. 

19.  State  money  not  to  be  given  to 

a sectarian  or  religious  so- 
ciety. 

20.  Freedom  of  speech. 

21.  The  people  may  assemble  to- 

gether peaceably  to  consult 
for  the  common  good. 

22.  The  rights  of  labor  to  have  just 

protection. 

23.  Education  encouraged. 

24.  The  right  of  citizens  to  bear 

arms. 

25.  Military  subordinate  to  civil 

powers. — Quartering  of  troops. 

26.  Treason  against  the  State  de- 

fined. 

27.  Elections  to  be  open,  free  and 

equal. 

28.  No  tax  imposed  without  consent 

of  the  people.  — All  taxation 
shall  be  equally  uniform. 


756 


CONSTITUTION  OF  WYOMING. 


Section 

29.  Resident  aliens  and  citizens. 

30.  Perpetuities  and  monopolies 

contrary  to  genius  of  a free 
State. 

31.  Water  controlled  by  the  State. 

32.  Private  property  shall  not  be 

taken  for  private  use. 

33.  Private  property  taken  for  pub- 

lic use. 

34.  All  laws  of  a general  nature 

shall  have  a uniform  opera- 
tion. 

35.  No  ex  post  facto  law  or  other 

law  impairing  obligation  of 
contracts. 

36.  The  enumeration  of  rights  in 

this  Constitution  not  to  im- 
pair other  rights  retained  by 
the  people. 

37.  The  State  is  inseparable  from 

the  Federal  Union. 

ARTICLE  II. 

Distribution  of  Powers. 

1.  The  powers  of  government  of 
this  State  vested  in  the  legis- 
lative, executive  and  judicial. 

ARTICLE  III. 

Legislative  Department. 

1.  The  legislative  power  vested  in 

Senate  and  House  of  Repre- 
sentatives. 

2.  Election  of  Senators. — Term  of 

office.  — Representatives  and 
term  of  office. — Qualifications. 

3.  Each  county  shall  constitute  a 

senatorial  and  representative 
district. 

4.  Vacancies  in  either  house,  how 

filled. 

5.  Time  of  election  of  members  of 

both  houses. 

6.  Compensation  of  members  for 

the  first  Legislature. 

7.  The  Legislature  shall  meet, 

when. 

8.  Senators  and  Representatives 

may  not  hold  two  offices. 

9.  No  increase  of  salary  or  mile- 

age. 

10.  President  of  the  Senate. — Speak- 
er of  the  House 


Section 

11.  Majority  of  each  house  shall 

constitute  a quorum. 

12.  The  powers  of  each  house. 

13.  Each  house  shall  keep  a jour- 

nal. 

14.  The  sessions  of  each  house  shall 

be  open,  except. 

15.  Adjournment  for  more  than 

three  days. 

16.  Members  to  be  privileged  from 

arrest,  except  when. 

17.  Sole  power  of  impeachment 

vested  in  the  House  of  Repre- 
sentatives. 

IS.  What  State  officers  are  liable 
for  impeachment. 

19.  Removal  of  other  officers. 

20.  No  laws  shall  be  passed  except 

by  bill. 

21.  The  enacting  clause  of  every 

law. 

22.  Bills  for  the  appropriation  of 

money,  when  introduced. 

23.  When  the  bill  is  to  become  a 

law. 

24.  No  bill  to  contain  more  than  one 

subject,  except. 

25.  No  bill  shall  become  a law  ex- 

cept by  vote  of  majority. 

26.  In  regard  to  the  title  of  a bill. 

27.  The  Legislature  not  to  pass 

local  or  special  law  in  the  fol- 
lowing enumerated  cases. 

28.  How  bills  are  to  be  signed. 

29.  The  numerous  duties  and  com- 

pensation of  officers  and  em- 
ployes. 

30.  Extra  compensation  to  officers, 

etc. 

31.  Stationery,  printing,  etc. 

32.  In  regard  to  the  extension  of  the 

term  of  office  or  increase  or 
decrease  in  salary. 

33.  All  bills  for  raising  revenue 

originate  in  House  of  Repre- 
sentatives. 

34.  Appropriation  bills. 

35.  Payment  of  money  from  the 

treasury. 

36.  No  appropriations  except  for 

institutions  under  absolute 
control  of  State. 

37.  Money  not  to  be  granted  for 

municipal  improvements. 


CONSTITUTION  OF  WYOMING. 


757 


Section 

38.  Investment  of  trust  funds,  etc. 

39.  The  State  or  any  county  of  the 

State  to  contract  debts  in  the 
construction  of  railroads. 

40.  In  regard  to  the  liability  of  any 

person,  association  or  corpora- 
tion. 

41.  Every  order,  etc.,  to  be  pre- 

sented to  the  Governor. 

42.  No  person  to  promise  his  vote. 

43.  Bribery  defined. 

44.  Any  person  may  be  compelled 

to  testify  in  any  lawful  inves- 
tigation. 

45.  Corrupt  solicitation. 

46.  Members  having  personal  or  pri- 

vate interests  in  a bill  shall 
not  vote  thereon. 

Apportionment. 

1.  Election  of  Congressmen-at- 

large.  I 

2.  Enumeration  of  the  inhabitants 

of  the  State  in  1895  and  every 
tenth  year  thereafter. 

3.  Representative  districts  may  be  ! 

altered.  ! 

4.  Apportionment.  ! 

ARTICLE  IV. 

Executive  Department. 

1.  Executive  power  vested  in  Gov- 

ernor. 

2.  Eligibility  for  office  of  Governor. 

3.  Election  of  Governor. — In  case 

of  tie. 

4.  Governor  commander-in-chief  of 

military  forces  of  the  State. 

5.  Governor  has  power  of  reprieve 

and  pardon.  1 

6.  Impeachment  of  Governor. 

7.  In  case  of  vacancy,  how  filled. 

8.  Every  bill  to  be  presented  to  the 

Governor  before  it  becomes  a 
law. 

9.  The  Governor  may  disapprove 

of  any  item  or  items. 

10.  In  case  of  bribery. 

11.  Secretary  of  State,  Auditor, 

Treasurer  and  Superintendent 
of  Public  Instruction.  — Term 
of  office. 


Section 

12.  Powers  and  duties  of  the  same. 

13.  Salary  of  Governor. 

14.  State  Examiner. — His  duties. 

15.  Seal  of  State. 

15.  The  seal  of  the  Territory  to  be 
the  seal  of  State  until  other- 
wise provided  for. 

ARTICLE  V. 

Judicial  Department. 

1.  Judicial  power  of  the  State  Is 

vested  in  the  Senate. — In  the 
Supreme  Court,  District 
Courts,  justices  of  the  peace, 
etc. 

2.  Jurisdiction  of  the  Supreme 

Court. 

3.  Power  to  issue  writs  of  man- 

damus. 

4.  Supreme  Court  to  consist  of 

three  justices. — Their  election 
and  term  of  office. 

5.  A majority  to  constitute  a 

quorum. 

6.  In  case  a judge  of  the  Supreme 

Court  is  interested  in  a cause. 

7.  Two  terms  to  be  held  annually. 

8.  To  be  eligible  to  the  office  of 

chief  justice. 

9.  Clerk  of  the  Supreme  Court. — 

His  appointment. 

10.  District  Court  shall  have  origi- 

nal jurisdiction  in  criminal 
cases. 

11.  Judges  of  District  Courts  may 

held  courts  for  each  other. 

12.  To  be  eligible  to  the  office  of 

judge  of  District  Court. 

13.  There  shall  be  a clerk  of  Dis- 

trict Court  in  each  organized 
county. 

14.  Appointment  of  District  Courts. 

— Commissioners. 

15.  The  style  of  all  process. 

16.  Judges  of  the  Supreme  Court 

shall  have  no  duties  except 
such  as  are  judicial. 

17.  Their  pay. 

18.  Writs  of  error  and  appeals. 

19.  The  State  shall  be  divided  into 

three  judicial  districts. 

20.  Enumeration  of  the  same. 


758 


CONSTITUTION  OF  WYOMING. 


Section 

21.  The  Legislature  may  increase 

Judicial  districts.  — Jurisdic- 
tion. 

22.  Justices  of  the  peace. — Number 

and  election  of. 

23.  Appeals. 

24.  Time  of  holding  courts. 

25.  Judges  of  Supreme  Court  shall 

not  practice  law. 

26.  How  terms  of  courts  are  to  be 

fixed. 

27.  No  jud-ge  of  the  Supreme  or  Dis- 

trict Courts  shall  be  eligible 
to  other  offices. 

28.  Appeals  from  decisions  of  com- 

pulsory boards  of  arbitration 
allowed. 

ARTICLE  VI. 

Suffrage. 

1.  Right  to  vote  shall  not  be  de- 

nied on  account  of  sex. 

2.  Requirements  for  voting. 

3.  Electors  to  be  privileged  from 

arrest  on  days  of  election,  ex- 
cept. 

4.  Not  to  perform  military  duty  on 

day  of  election. 

5.  Must  be  a citizen  of  the  United 

States. 

6.  Those  who  may  not  vote. 

7.  No  elector  shall  lose  his  resi- 

dence in  this  State  by  reason 
of  absence  on  business  of  the 
United  States. 

8.  Soldiers,  seamen  or  marines  of 

the  United  States  not  deemed 
a resident  in  consequence  of 
being  stationed  in  this  State. 

9.  Must  be  able  to  read. 

10.  Nothing  herein  contained  to  de- 

prive any  person  of  the  right 
to  vote. 

11.  Elections  shall  be  by  ballot. 

12.  Voters  must  register  according 

to  law. 

IS.  Purity  of  elections. 

14.  Election  contests,  how  provided 

for. 

15.  Only  qualified  electors  appointed 

to  civil  or  military  office. 


Section 

16.  To  hold  office  until  successor  Is 

qualified. 

17.  The  time  of  holding  elections. 

18.  Election  or  appointment  of  those 

not  provided  for  in  this  Con- 
stitution. 

19.  Those  who  may  not  hold  offices 

under  the  State  and  the  United 
States. 

20.  Oath  of  office. 

21.  How  the  oath  shall  be  admin- 

istered. 

ARTICLE  VII. 

Education. 

1.  A complete  and  uniform  system 

of  public  instruction. 

2.  Perpetual  school  fund.  . 

3.  Grants,  gifts  and  devises  for  the 

same. 

4.  County  school  fund. 

5.  Custodians  of  such  funds. 

6.  They  shall  be  deemed  trust 

funds  in  the  care  of  the  State. 

7.  The  income  of  the  same  to  be 

applied  to  the  support  of  free 
schools. 

8.  Income  to  be  divided  among  the 

several  counties. 

9.  Are  required  to  attend  school 

between  six  and  eighteen  years 
of  age. 

10.  No  distinction  or  discrimination 

to  be  made  on  account  of  sex. 
race  or  color. 

11.  Text  books  not  to  be  prescribed 

for  use  In  public  schools. 

12.  No  sectarian  instruction. 

13.  Board  of  land  commissioners. 

14.  The  general  supervision  of  the 

public  schools  Intrusted  to 
the  State  Superintendent  of 
Public  Instruction. 

15.  The  establishment  of  the  Uni- 

versity of  Wyoming  is  hereby 
confirmed. 

16.  Open  to  students  of  both  sexes. 

irrespective  of  race  or  color. 

17.  Management  of  the  University. 

18.  Charitable,  reformatory  and  pe- 

nal institutions. 


CONSTITUTION  OF  WYOMING. 


759 


Section 

19.  Property  belonging-  to  the  Ter- 

rito'ry  to  pass  over  to  the 
State. 

20.  Public  health  and  morals. 

21.  Public  buildings  of  the  Terri- 

tory to  pass  over  to  the  State. 

22.  Care  of  public  buildings. 

23.  Power  to  change  the  seat  of 

government. 

ARTICLE  VIII. 

Irrigation  and  Water  RigJdH. 

1.  Natural  streams,  lakes,  etc.,  the 

property  of  the  State. 

2.  Board  of  Control  to  consist  of 

State  Engineer  and  Superin- 
tendents of  Water  Divisions. 

.3.  In  regard  to  appropriations. 

4.  The  State  to  be  divided  into 

four  water  divisions. 

5.  The  State  Engineer.  — His  ap- 

pointment and  term  of  office. 

ARTICLE  IX. 

Mincff  and  Mining. 

1.  Inspector  of  mines.— Duties  and 

salary  prescribed  by  law.  [ 

2.  Mines  to  be  ventilated  and  j 

drained. 

3.  No  boy  under  fourteen  years 

and  no  woman  or  girl  of  any 
age  permitted  in  or  about 
mines  for  the  purpose  of  em- 
ployment therein. 

4.  Injury  to  person  or  property  for 

failure  to  comply  with  the 
provisions  of  this  article. 

5.  Mining  and  metallurgy  to  be 

taught  in  one  of  the  State  in- 
stitutions. I 

6.  There  shall  be  a State  Geologist.  | 

ARTICLE  X. 

(JorporationH. 

1.  Laws  relating  to  corporations 

may  be  altered.  ' 

2.  All  powers  and  franchise  of 

corporations  derived  from  the  ^ 
people.  I 

3.  What  charters  and  franchises 

are  to  be  Invalid.  j 

4.  No  law  limiting  the  amount  of 


Section 

damages  for  the  Injury  or 
death  of  anyone. 

5.  In  regard  to  corporations  tran- 

sacting business  in  the  State. 

6.  No  corporation  may  engage  in 

more  than  one  general  line  of 
business. 

7.  Common  carriers,  definition  of. 

8.  Competing  corporations  may  not 

consolidate  for  the  purpose  of 
controlling  prices,  etc. 

9.  The  right  of  eminent  domain. 

10.  Co-operative  associations. 

Radlroadff. 

1.  Railroads  may  connect  with  and 

cross  each  other. 

2.  Railroads  and  telegraph  lines, 

public  highways  and  common 
carriers. 

3.  Every  railroad  corporation  to 

make  a report  to  the  Auditor 
of  the  State  annually. 

4.  The  right  of  eminent  domain  not 

to  be  abridged. 

5.  The  State  or  any  of  its  subdi- 

visions may  not  give  or  loan 
its  credit. 

0.  In  regard  to  the  acceptance  of 

the  provisions  of  this  Consti- 
tution. 

7.  The  right  to  construct  or  main- 

tain telegraph  lines  within  the 
State. 

8.  Foreign  railroads  and  telegraph 

lines  must  have  an  agent  in 
each  county  through  which 
they  pass. 

9.  No  railroad  to  pass  within  four 

miles  of  any  existing  town  or 
city  without  providing  a suit- 
able depot. 

ARTICLE  XI. 

Boundaries. 

1.  Boundaries. 

ARTICLE  XII. 

County  Organization. 

1.  The  counties  of  the  State  to  be 
the  same  as  those  of  the  Ter- 
ritory. 


7()0  (X)NSTITUTION 

Roc-lion 

2.  New  counties  may  be  organized. 

8.  County  seats  may  be  changed. 

4.  A system  of  township  organiza- 

tion and  government. 

5.  Election  of  county  officers. 

ARTICLE  XIII. 

Mu n icqial  Corporations. 

1.  Legislature  to  provide  by  law 

for  the  classification  of  mu-  ! 
nicipal  corporations.  i 

2.  They  shall  not  be  organized  I 

without  the  consent  of  the 
majority  of  the  resident  elec-  j 
tors.  I 

3.  Restrictions  of  the  same  in  re-  ' 

gard  to  levying  taxes,  borrow- 
ing money  and  contracting 
debts. 

4.  Street  railways,  telegraph,  tele- 

phone and  electrical  lines  shall 
not  be  constructed  without 
the  consent  of  the  local  au- 
thorities. 

5.  Municipal  corporations  shall 

have  the  same  right  as  indi- 
viduals. 

ARTICLE  XIV. 

Salaries. 

1.  All  State,  city,  county,  town 

and  school  officers  shall  be 
paid  definite  salaries. 

2.  The  fees  of  certain  officers. 

3.  Salaries  of  county  officers  to  be 

fixed  by  law. 

4.  The  Legislature  shall  provide  by 

general  law  for  such  deputies 
as  the  public  necessities  may 
require. 

5.  In  regard  to  the  change  of  title 

of  offices. 

6.  Offices  to  be  consolidated. 

ARTICLE  XV. 

Taxation  and  Revenue. 

1.  All  lands  and  improvements 

listed  for  assessment. 

2.  Coal  mines  from  which  coal  is  : 

not  being  mined  shall  be  as- 
sessed. i 


OF  WYOMING.] 

Section 

3.  In  regard  to  mines  of  gold, 

silver,  other  precious  metals, 
etc. 

4.  For  State  revenue,  the  tax  not 

to  exceed  four  mills  on  the 
dollar. 

5.  For  county  revenue,  the  tax  not 

to  exceed  twelve  mills  on  the 
dollar. 

6.  An  incorporated  city  or  town, 

there  may  be  a tax  not  to  ex- 
ceed eight  mills  on  a dollar. 

7.  Regard  to  money  belonging  to 

the  State,  county,  town,  etc. 

8.  No  profit  to  be  made  directly  or 

indirectly  out  of  public  funds. 

9.  There  shall  be  a State  board 

composed  of  State  Auditor. 
Treasurer  and  Secretary  of 
State. 

10.  Their  duties. 

11.  All  property,  except  as  in  this 

Constitution  otherwise  provid- 
ed for,  shall  be  uniformly  as- 
sessed. 

12.  What  property  to  be  exempt 

from  taxation. 

13.  No  tax  to  be  levied  except  in 

pursuance  of  law. 

14.  The  power  of  taxation  shall 

never  be  surrendered. 

ARTICLE  XVL 
PuMic  Indebtedness. 

1.  Indebtedness  of  the  State. 

2.  No  debt  in  excess  of  the  taxes 

for  the  current  year. 

3.  County  indebtedness. 

4.  No  debt  in  excess  of  the  taxes 

for  the  current  year  in  any 
county  or  subdivision  thereof. 

5.  Limit  of  indebtedness  In  towns, 

cities,  villages,  etc. 

6.  The  State  and  its  subdivisions 

not  to  loan  its  credit. — The 
State  shall  not  engage  in  work 
of  internal  improvement. 

7.  State  money  shall  not  be  paid 

out  of  the  State  treasury,  ex- 
cept upon  appropriation  by 
law. 


CONSTITUTION  OF  WYOMING. 


761 


Section 

8.  State  bonds  to  be  valid  must  be 
indorsed. 

ARTICLE  XVII. 

State  Militia. 

1.  To  consist  of  whom. 

2.  Equipment  and  discipline  of 

militia. 

3.  All  militia  officers  to  be  commis- 

sioned by  the  Governor. 

4.  The  flag  or  banner  which  the 

militia  may  carry. 

5.  The  Governor  to  be  commard- 

er-in-chief. 

ARTICLE  XVIII. 

Public  Lavils  and  BonaMom. 

1.  In  regard  to  lands  granted  to 

the  State. 

2.  In  regard  to  the  proceeds  from 

the  sale  and  rental  of  lands. 

3.  Board  of  Land  Commissioners. 

4.  Legislature  shall  enact  the  nec- 

essary laws  for  the  sale  and 
leasing  of  land. 

5.  In  regard  to  those  who  have 

settled  upon  school  lands. 

6.  If  any  part  of  the  interest  or 

income  of  the  perpetual  school 
fund  Is  not  expended. 

ARTICLE  XIX. 

Mi^cella  neoHH. 

1.  Live  stock.— Eight  hours  a day’s 

work. — Labor  on  public  works. 

2.  The  Legislature  shall  see  that 

the  foregoing  provisions  are 
enforced.— Courts  of  Arbitra- 
tion.— Police  powers. — Labor 

contracts. — Arbitration  home- 
steads. 

ARTICLE  XX. 

A mend  men!  ft. 

1.  Amendments  may  be  proposed 

in  either  branch  of  the  Legis- 
lature. 

2.  If  two  or  more  amendments  are 

proposed. 

3.  A convention  to  revise  or  amend 

this  Constitution  may  be 
called. 


Section 

4.  Any  Constitution  adopted  shall 
not  be  valid  until  it  has  been 
adopted  by  the  people. 

ARTICLE  XXI. 

Schedule. 

1.  To  avoid  inconvenience  in  the 

change  of  Territorial  to  State 
government. 

2.  Real  and  personal  property,  etc., 

belonging  to  the  Territory 
shall  become  the  property  of 
the  State. 

3.  All  Territorial  laws  not  repug- 

nant to  this  Constitution  shall 
remain  in  force. 

4.  All  fines,  etc.,  accruing  to  the 

Territory  shall  accrue  to  the 
State. 

5.  All  bond  obligations  or  other 

undertakings,  undertaken  be- 
fore the  organization  of  this 
Constitution,  shall  remain 
valid. 

6.  All  Territorial  officers  shall  com 

tinue  to  hold  office. 

7.  The  Constitution  to  be  adopted 

or  rejected. 

H.  When  1he  Constitution  is  to  take 
effect. 

9.  What  is  to  be  done  upon  the 
admission  of  the  Territory  as 
a State. 

10.  Notice  of  election  to  be  given. 

11.  Board  of  canvassers,  to  consist 

of  whom. 

12.  Oath  of  office  to  be  taken  within 

thirty  days  after  election. 

13.  The  Governor  to  issue  a procla- 

mation convening  the  Legisla- 
ture. 

14.  The  Legislature  shall  pass  all 

necessary  laws  to  carry  into 
effect  the  provisions  of  this 
Constitution. 

15.  In  regard  to  judges  of  the  Su- 

preme and  District  Courts. 

16.  The  seals  of  the  Territory  are 

to  be  the  seals  of  the  State. 

17.  Records  and  papers  of  the  Pro- 

bate Court. 


762 


CONSTITUTION  OF  WYOMING. 


Section 

18.  In  regard  to  Senators  and  mem- 
bers of  the  House. 

T.'.  County  and  precinct  officers. 

20.  Members  of  the  Legislature, 

State  officers,  District  and  Su- 
preme Courts  to  continue. 

21.  In  regard  to  the  first  session  of 


Section 

the  Legislature  under  this 
Constitution. 

22.  In  regard  to  the  time  county 

and  precinct  officers  shall  hold 
their  offices. 

23.  This  Constitution  has  been  pre- 

sented to  the  people  to  be 
accepted  or  rejected. 


PKEAMBLE. 

We,  the  people  of  the  State  of  Wyoming,  grateful  to  God  foi' 
our  civil,  political  and  religious  liberties,  and  desiring  to  secure 
them  to  ourselves  and  perpetuate  them  to  our  posterity,  do 
ordain  and  establish  this  Constitution. 

ARTICLE  I. 

Declaration  of  Rights. 

Section  1.  All  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for 
their  peace,  safety  and  happiness;  for  the  advancement  of  these 
ends  they  have  at  all  times  an  inalienable  and  indefeasible  right 
to  alter,  reform  or  abolish  the  government  in  such  manner  as 
they  may  think  proper. 

Sec.  2.  In  their  inherent  right  to  life,  liberty  and  the  pursuit 
of  happiness,  all  members  of  the  human  race  are  equal. 

Sec.  3.  Since  equality  in  the  enjoyment  of  natural  and  civil 
l ights  is  made  sure  only  through  political  equality,  the  laws  of 
this  State  affecting  the  political  rights  and  privileges  of  its  citi- 
zens shall  be  without  distinction  of  race,  color,  sex,  or  any  cir- 
cumstance or  condition  whatsoever  other  than  individual  incom- 
petency, or  unworthiness  duly  ascertained  by  a court  of  com 
petent  jurisdiction. 

Sec.  4.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and 
seizures  shall  not  be  violated,  and  no  warrant  shall  issue  but 
upon  probable  cause,  supported  by  affidavit,  particularly  describ- 
ing the  place  to  be  searched  or  the  person  or  thing  to  be  seized. 

Sec.  5.  No  person  shall  be  imprisoned  for  debt  except  in 
cases  of  fraud. 

Sec.  6.  No  person  shall  be  deprived  of  life,  liberty  or  prop- 
erty without  due  process  of  law. 


CONSTITUTION  OF  WYOMINO. 


763 


Sec.  7.  Absolute,  arbitrary  power  over  the  lives,  liberty  and 
property  of  freemen  exists  nowhere  in  a republic,  not  even  in  the 
largest  majority. 

Sec.  8.  All  courts  shall  be  open  and  every  person  for  an 
injury  done  to  person,  reputation  or  property  shall  have  justice 
administered  without  sale,  denial  or  delay.  Suits  may  be 
brought  against  the  State  in  such  manner  and  in  such  courts  as 
the  Legislature  may  by  law  direct. 

Sec.  9.  The  right  of  trial  by  jury  shall  remain  inviolate  in 
criminal  cases,  but  a jury  in  civil  cases  in  all  courts,  or  in 
criminal  cases  in  courts  not  of  record,  may  consist  of  less  than 
twelve  men,  as  may  be  prescribed  by  law.  Hereafter  a grand 
jury  may  consist  of  twelve  men,  any  nine  of  whom  concurring 
may  find  an  indictment,  but  the  Legislature  may  change,  regu- 
late or  abolish  the  grand  jury  system. 

Sec.  10.  In  all  criminal  prosecutions  the  accused  shall  have 
the  right  to  defend  in  person  and  by  counsel,  to  demand  the 
nature  and  cause  of  the  accusation,  to  have  a copy  thereof,  to 
be  confronted  with  the  witnesses  against  him,  to  have  com- 
pulsory process  served  for  obtaining  witnesses,  and  to  a speedy 
trial  by  an  impartial  jury  of  the  county  or  district  in  which 
the  offense  is  alleged  to  have  been  committed. 

Sec.  11.  No  person  shall  be  compelled  to  testify  against  him- 
self in  any  criminal  case,  nor  shall  any  person  be  twice  put  in 
jeopardy  for  the  same  offense.  If  the  jury  disagree,  or  if  the 
judgment  be  arrested  after  a verdict,  or  if  the  judgment  be  re- 
versed for  error  in  law,  the  accused  shall  not  be  deemed  to  have 
been  in  jeopardy. 

Sec.  12.  No  person  shall  be  detained  as  a witness  in  any  crim- 
inal prosecution  longer  than  may  be  necessary  to  take  his  testi- 
mony or  deposition,  nor  be  confined  in  any  room  where  criminals 
are  imprisoned. 

Sec.  13.  Until  otherwise  provided  by  law,  no  person  shall,  for 
a felony,  be  proceeded  against  criminally,  otherwise  than  by  in- 
dictment, except  in  cases  arising  in  the  land  or  naval  forces,  or 
in  the  militia  when  in  actual  service  in  time  of  war  or  public 
danger. 

Sec.  14.  All  persons  shall  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses  when  the  proof  is  evident  or  the  pre- 


764 


CONSTITUTION  OF  WYOMINO. 


smuption  great.  Excessive  bail  shall  not  be  required  nor  exces- 
sive fines  imposed,  nor  shall  cruel  or  unusual  punishment  be 
inflicted. 

Sec.  15.  The  penal  code  shall  be  framed  on  the  humane  princi- 
ples of  reformation  and  prevention. 

Sec.  16.  No  person  arrested  and  confined  in  jail  shall  be 
treated  with  unnecessary^  rigor.  The  erection  of  safe  and  com- 
fortable prisons,  and  inspection  of  prisons,  and  the  humane  treat- 
ment of  prisoners  shall  be  provided  for. 

Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
l>e  suspended  unless,  when  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Sec.  18.  The  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship  without  discrimination  or  preference  shall  be 
forever  guaranteed  in  this  State,  and  no  person  shall  be  rendered 
incompetent  to  hold  any  office  of  trust  or  profit,  or  to  serve  as  a 
witness  or  juror,  because  of  his  opinion  on  any  matter  of  relig- 
ious belief  whatever;  but  the  liberty  of  conscience  hereby  secured 
shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness  or 
justify  practices  inconsistent  with  the  peace  or  safety  of  the 
t^tate. 

Sec.  19.  No  money  of  the  State  shall  ever  be  given  or  appro- 
priated to  any  sectarian  or  religious  society  or  institution. 

Sec.  20.  Every  person  may  freely  speak,  write  and  publish  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right;  and  in 
all  trials  for  libel,  both  civil  and  criminal,  the  truth  when  pub- 
lished with  good  intent  and  for  justifiable  ends  shall  be  a suffi- 
cient defense,  the  jury  having  the  right  to  determine  the  facts 
and  the  law,  under  direction  of  the  court. 

Sec.  21.  The  right  of  petition,  and  of  the  people  peaceably  to 
assemble  to  consult  for  the  common  good,  and  to  make  known 
their  opinions,  shall  never  be  denied  or  abridged. 

Sec.  22.  The  rights  of  labor  shall  have  just  protection  through 
laws  calculated  to  secure  to  the  laborer  proper  rewards  for  his 
service  and  to  promote  the  industrial  w^elfare  of  the  State. 

Sec.  23.  The  right  of  citizens  to  opportunities  for  education 
should  have  practical  recognition.  The  Legislature  shall  suitably 
encourage  means  and  agencies  calculated  to  advance  the  sciences 
and  liberal  arts. 

Sec.  24.  The  right  of  citizens  to  bear  arms  in  defense  of  them- 
selves and  of  the  State  shall  not  be  denied. 


CONSTITUTION  OF  WYOMINO. 


765 


Sec.  25.  The  military  shall  ever  be  in  strict  subordination  to 
the  civil  powers.  No  soldier  in  time  of  peace  shall  be  quartered 
in  any  house  without  the  consent  of  the  owner,  nor  in  time  of 
war  except  in  the  manner  prescribed  by  law. 

Sec.  26.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  in  adhering  to  its  enemies,  or  in  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court;  nor  shall  any  person  be  attainted 
of  treason  by  the  Legislature. 

Sec.  27.  Elections  shall  be  open,  free  and  equal,  and  no  powder, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  an  untram- 
nieled  exercise  of  the  right  of  suffrage. 

Sec.  28.  No  tax  shall  be  imposed  without  the  consent  of 
the  people  or  their  authorized  representatives.  All  taxation  shall 
be  equal  and  uniform. 

Sec.  29.  No  distinction  shall  ever  be  made  by  law  between 
resident  aliens  and  citizens  as  to  the  possession,  taxation,  enjoy- 
ment and  descent  of  property. 

■Sec.  30.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a free  State,  and  shall  not  be  allowed.  Corporations 
being  creatures  of  the  State,  endowed  for  the  public  good  with  a 
portion  of  its  sovereign  powers,  must  be  subject  to  its  control. 

Sec.  31.  Water  being  essential  to  industrial  prosperity,  of 
limited  amount,  and  easy  of  diversion  from  its  natural  channels, 
its  control  must  be  in  the  State,  which,  in  providing  for  its  use, 
shall  equally  guard  all  the  various  interests  involved. 

Sec.  32.  Private  property  shall  not  be  taken  for  private  use 
unless  by  consent  of  the  owner,  except  for  private  ways  of  neces- 
sity, and  for  reservoirs,  drains,  flumes,  or  ditches  on  or  across  the 
lands  of  others  for  agricultural,  mining,  milling,  domestic  or  sani- 
tary purposes,  nor  in  any  case  without  due  compensation. 

Sec.  33.  Private  property  shall  not  be  taken  or  damaged  for 
public  or  private  use  without  just  compensation. 

Sec.  34.  AJl  laws  of  a general  nature  shall  have  a uniform 
operation. 

Sec.  35.  No  ex  post  facto  law,  nor  any  law  impairing  the  obli- 
gation of  contracts,  shall  ever  be  made. 

Sec.  36.  The  enumeration  in  this  Constitution  of  certain  rights 
shall  not  be  construed  to  deny,  impair,  or  disparage  others  re- 
tained by  the  people. 


766 


CONSTITUTION  OF  WYOMING. 


Sec.  37.  The  State  of  Wyoming  is  an  inseparable  part  of  the 
Federal  Union,  and  the  Constitution  of  the  United  States  is  the 
supreme  law  of  the  land. 

AKTICLE  n. 

Distribution  of  Powers. 

Section  1.  The  powers  of  the  government  of  this  State  are 
divided  into  three  distinct  departments:  The  legislative,  execu- 
tive and  judicial,  and  no  person  or  collection  of  persons  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these 
departments  shall  exercise  any  powers  properly  belonging  to 
either  of  the  others,  except  as  in  this  Constitution  expressly 
directed  or  permitted. 

AETICLE  m. 

Legislative  Department.  • 

Section  1.  The  legislative  power  shall  be  vested  in  a Senate 
and  House  of  Eepresentatives,  which  shall  be  designated  “The 
Legislature  of  the  State  of  Wyoming.” 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  (4)  years 
and  Representatives  for  the  term  of  two  (2)  years.  The  Senators 
elected  at  the  first  election  shall  be  divided  by  lot  into  two  classes 
as  nearly  equal  as  may  be.  The  seats  of  Senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  first  two  years, 
aud  of  the  second  class  at  the  expiration  of  four  years.  No  per- 
son shall  be  a Senator  who  has  not  attained  the  age  of  twenty- 
five  years,  or  a Representative  who  has  not  attained  the  age  of 
twenty-one  years,  and  who  is  not  a citizen  of  the  United  States 
and  of  this  State  and  who  has  not,  for  at  least  twelve  months 
next  preceding  his  election  resided  wihin  the  county  or  district 
in  which  he  was  elected. 

Sec.  3.  Each  county  shall  constitute  a Senatorial  and  Repre- 
sentative district;  the  Senate  and  House  of  Representatives  shall 
be  composed  of  members  elected  by  the  legal  voters  of  the  coun- 
ties respectively,  every  two  (2)  years.  They  shall  be  apportioned 
among  the  said  counties  as  nearly  as  may  be  according  to  the 
number  of  their  inhabitants.  Each  county  shall  have  at  least 
one  Senator  and  one  Representative;  but  at  no  time  shall  the 
number  of  members  of  the  House  of  Representatives  be  less  than 
twice  nor  greater  than  three  times  the  number  of  members  of 
the  Senate.  The  Senate  and  House  of  Representatives  first 


CONSTITUTION  OF  WYOMING. 


767 


elected  in  pursuance  of  this  Constitution  shall  consist  of  sixteen 
and  thirty-three  members  respectively. 

Sec.  4.  When  vacancies  occur  in  either  house  by  death,  resig- 
nation or  otherwise,  such  vacancy  shall  be  filled  for  the  remainder 
of  the  term  by  special  election,  to  be  called  in  such  manner  as 
may  be  prescribed  by  law. 

Sec.  5.  Members  of  the  Senate  and  House  of  Representatives 
shall  be  elected  on  the  day  provided  by  law  for  the  general  elec- 
tion of  a member  of  Congress,  and  their  term  of  office  shall  begin 
on  the  first  Monday  of  January  thereafter. 

Sec.  6.  Each  member  of  the  first  legislature,  as  a compensa- 
tion for  his  services,  shall  receive  five  dollars  for  each  day’s  at- 
tendance, and  fifteen  cents  for  each  mile  traveled  in  going  to  and 
returning  from  the  seat  of  government  to  his  residence  by  the 
usual  traveled  route,  and  shall  receive  no  other  compensation, 
perquisite  or  allowance  whatever.  No  session  of  the  legislature 
after  the  first,  which  may  be  sixty  days,  shall  exceed  forty  days. 
After  the  first  session  the  compensation  of  the  members  of  the 
legislature  shall  be  provided  by  law ; but  no  legislature  shall  fix 
its  own  compensation. 

Sec.  7.  The  Legislature  shall  meet  at  the  seat  of  government  at 
twelve  o’clock,  noon,  on  the  second  Tuesday  of  January  next  suo 
ceeding  the  general  election  provided  by  law,  and  at  twelve 
o’clock,  noon,  on  the  second  Tuesday  of  January  of  each  alternate 
year  thereafter,  and  at  other  times  when  convened  by  the 
Governor.  > . i j i ^ 

•Sec.  8.  No  Senator  or  Representative  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  State,  and  no  member  of  Congress  or  other  person  holding  an 
office  (except  that  of  notary  public  or  an  office  in  the  militia) 
under  the  United  States  or  this  State,  shall  be  a member  of  either 
house  during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term  for 
which  he  was  elected,  receive  any  increase  of  salary  or  mileage 
under  any  law  passed  during  that  term. 

Sec.  10.  The  Senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  such  other  times  as  may  be  necessary, 
elect  one  of  its  members  president;  the  House  of  Representatives 


768 


CONSTITUTION  OF  WYOMING. 


shall  elect  one  of  its  members  speaker;  each  house  shall  choose 
its  own  officers,  and  shall  judge  of  the  election  returns  and  quali- 
fications of  its  members. 

Sec.  11.  A majority  of  each  house  shall  constitute  a quorum 
to  do  business,  but  a smaller  number  may  adjourn  from  day  to 
day,  and  compel  the  attendance  of  absent  members  in  such  man- 
ner and  under  such  penalties  as  each  house  may  prescribe. 

Sec.  12.  Each  house  shall  have  power  to  determine  the  rules 
of  its  proceedings,  and  to  punish  its  members  or  other  persons  for 
contempt  or  disorderly  behavior  in  its  presence;  to  protect  its 
members  against  violence  of  offers  of  bribes  or  private  solicita-. 
tion,  and  with  the  concurrence  of  two-thirds,  to  expel  a member, 
and  shall  have  all  other  powers  necessary  to  the  legislature  of  a 
free  State.  A member  expelled  for  corruption  shall  not  there- 
after be  eligible  to  either  house  of  the  legislature,  and  punish- 
ment for  contempt  or  disorderly  behavior  shall  not  bar  a criminal 
prosecution  for  the  same  offense. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  proceedings 
and  may  in  its  discretion,  from  time  to  time,  publish  the  same, 
except  such  parts  as  require  secrecy,  and  the  yeas  and  nays  on 
any  question,  shall,  at  the  request  of  two  members,  be  entered  on 
the  journal. 

Sec.  14.  The  sessions  of  each  house  and  of  the  committee  of  the 
whole  shall  be  open  unless  the  business  is  such  as  requires  secrecy. 

Sec.  15.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 

Sec.  16.  The  members  of  the  legislature  shall,  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
the  sessions  of  their  respective  houses,  and  in  going  to  and  re- 
turning from  the  same;  and  for  any  speech  or  debate  in  either 
house  they  shall  not  be  questioned  in  any  other  place. 

Sec.  17.  The  sole  power  of  impeachment  shall  vest  in  the 
House  of  Representatives;  the  concurrence  of  a majority  of  all 
the  members  being  necessary  to  the  exercise  thereof.  Impeach- 
ment shall  be  tried  by  the  Senate  sitting  for  that  purpose  and  the 
Senators  shall  be  upon  oath  or  affirmation  to  do  justice  according 
to  law  and  evidence.  When  the  Governor  is  on  trial  the  chief 


CONSTITUTION  OF  WYOMING. 


7C0 


justice  of  the  Supreme  Court  shall  preside.  No  person  shall  be 
convicted  without  a concurrence  of  two-thirds  of  the  Senators 
elected. 

Sec.  18.  The  Governor  and  other  State  and  judicial  officers 
except  justices  of  the  peace,  shall  be  liable  to  impeachment  for 
high  crimes  and  misdemeanors,  or  malfeasance  in  office  but 
judgment  in  such  cases  shall  only  extend  to  removal  from  office 
and  disqualification  to  hold  any  office  of  honor,  trust  or  profit 
under  the  laws  of  the  State.  The  party,  whether  convicted  or 
acquitted,  shall,  nevertheless,  be  liable  to  prosecution,  trial,  judg- 
ment and  punishment  according  to  law. 

Sec.  19.  All  officers  not  liable  to  impeachment  shall  be  subject 
to  removal  for  misconduct  or  malfeasance  in  office,  in  such  man- 
ner as  may  be  provided  by  law. 

Sec.  20.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  or  amended  on  its  passage  through  either  house  as 
to  change  its  original  purpose. 

Sec.  21.  The  enacting  clause  of  every  law  shall  be  as  follows: 
Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyoming.’^ 

Sec.  22.  No  bill  for  the  appropriation  of  money,  except  for  the 
expenses  of  the  government,  shall  be  introduced  within  five  (5) 
days  of  the  close  of  the  session,  except  by  unanimous  consent  of 
the  house  in  which  it  is  sought  to  be  introduced. 

Sec.  23.  No  bill  shall  be  considered  or  become  a law  unless 
referred  to  a committee,  returned  therefrom  and  printed  for  the 
use  of  the  members. 

Sec.  24.  No  bill,  except  general  appropriation  bills  and  bills 
for  the  codification  and  general  revision  of  the  laws,  shaU  be 
passed  containing  more  than  one  subject,  which  shall  be  clearly 
expressed  in  its  title;  but  if  any  subject  is  embraced  in  any  act 
which  is  not  expressed  in  the  title,  such  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be  so  expressed. 

Sec.  25.  No  bill  shall  become  a law  except  by  a vote  of  a 
majority  of  all  the  members  elected  to  each  house,  nor  unless  on 
its  final  passage  the  vote  taken  by  ayes  and  noes,  and  the  nameir 
of  those  voting  be  entered  on  the  journal. 

Sec.  2G.  No  law  shall  be  revised  or  amended,  or  the  provi- 
sions thereof  extended  by  reference  to  its  title  only,  but  so  much 
thereof  as  is  revised,  amended  or  extended^  shall  be  re-enacted 
and  published  at  length. 

49 


770 


CONSTITUTION  OF  WYOMINO. 


Sec.  27.  The  Legislature  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  For 

granting  divorces;  laying  ont,  opening,  altering  or  working  roads 
or  highways;  vacating  roads,  town  plats,  streets,  alleys  or  public 
grounds;  locating  or  changing  county  seats;  regulating  county 
or  township  affairs;  incorporation  of  cities,  towns  or  villages, 
or  changing  or  amending  the  charters  of  any  cities,  towns  or 
villages;  regulating  the  practice  in  courts  of  justicej 
regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  police  magistrates  or  consta:bles;  changing  the 

rules  of  evidence  in  any  trial  or  inquiry;  providing 
for  change  of  venue  in  civil  or  criminal  cases;  declar- 
ing any  person  of  age;  for  limitation  of  civil  actions;  giving 
effect  to  any  informal  or  invalid  deeds;  summoning  or  impanel- 
ing grand  or  petit  juries;  proAuding  for  the  management  of  com- 
mon schools ; regulating  the  rate  of  interest  on  money ; the  opening 
or  conducting  of  any  election  or  designating  the  place  of  voting; 
the  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability;  chartering  or  licensing  ferries  or  bridge  or  toll 
roads;  chartering  banks,  insurance  companies  and  loan  and  trust 
companies;  remitting  fines,  penalties  or  forfeitures;  creating, 
increasing  or  decreasing  fees,  percentages  or  allowances  of  pub- 
lic officers;  changing  the  law  of  descent;  granting  to  any  cor- 
poration, association  or  individual,  the  right  to  lay  down  rail- 
road tracks  or  any  exclusive  or  special  privileges,  immunity 
or  franchise  whateA'er,  or  amending  existing  charter  for  such 
purpose;  for  punishment  of  crimes;  changing  the  names  of  per- 
sons or  places;  for  the  assessment  or  collection  of  taxes;  affect- 
ing estates  of  deceased  persons,  minors  or  others  under  legal  dis- 
abilities; extending  the  time  for  the  collection  of  taxes;  refund- 
ing money  paid  into  the  State  Treasury;  relinquishing  or  extin- 
guishing, in  whole  or  in  part,  the  indebtedness,  liabilities  or  obli- 
gations of  any  corporation  or  person  to  this  State  or  to  any 
municipal  corporation  therein;  exempting  property  from  taxa- 
tion; restoring  to  citizenship  persons  convicted  of  infamous 
crimes;  authorizing  the  creation,  extension  or  impairing  of  liens; 
creating  offices  or  prescribing  the  powers  or  duties  of  officers 
in  counties,  cities,  townships  or  school  districts;  or  authorizing 
the  adoption  or  legitimation  of  children.  In  all  cases  where  a 
general  law  can  be  made  applicable  no  special  law  shall  be 
enacted.  . 


CONSTITUTION  OF  WYOMING. 


771 


Sec.  28.  The  presiding  officer  of  each  house  shall,  in  the  pres- 
ence of  the  house  over  which  he  presides,  sign  all  bills  and  joint 
resolutions  passed  by  the  Legislature;  immediately  after  their 
titles  have  been  publicly  read,  and  the  fact  of  signing  shall  be  at 
once  entered  upon  the  journal. 

Sec.  29.  The  Legislature  shall  prescribe  by  law  the  number, 
duties  and  compensation  of  the  officers  and  employes  of  each 
house,  and  no  payment  shall  be  made  from  the  State  Treasury, 
or  be  in  any  way  authorized  to  any  such  person  except  to  an 
acting  officer  or  employe  elected  or  appointed  in  pursuance  of 
law. 

Sect  30.  No  bill  shall  be  passed  giving  any  extra  compensa- 
tion to  any  public  officer,  servant  or  employe,  agent  or  contrac- 
tor, after  services  are  rendered  or  contract  made. 

Sec.  31.  All  stationery,  printing,  paper,  fuel  and  lights  used 
in  the  Legislature  and  other  departments  of  government  shall 
be  furnished  and  the  printing  and  binding  of  the  laws,  journals 
and  department  reports  and  other  printing  and  binding,  and 
the  repairing  and  furnishing  of  the  halls  and  rooms  used  for  the 
meeting  of  the  Legislature  and  its  committees  shall  be  performed 
under  contract,  to  be  given  to  the  lowest  responsible  bidder, 
below  such  maximum  price  and  under  such  regulations  as  may  be 
prescribed  by  law.  No  member  or  officer  of  any  department  of 
the  government  shall  be  in  any  Avay  interested  in  any  such  con- 
tract; and  all  such  contracts  shall  be  subject  to  the  approval  of 
the  Governor  and  State  Treasurer. 

Sec.  32.  Except  as  otherwise  provided  in  this  Constitution, 
no  law  shall  extend  the  term  of  any  public  officer  or  increase 
or  diminish  his  salary  or  emolument  after  his  election  or  appoint- 
ment; but  this  shall  not  be  construed  to  forbid  the  Legislature 
from  fixing  the  salaries  or  emoluments  of  those  officers  first 
elected  or  appointed  under  this  Constitution,  if  such  salaries  or 
emoluments  are  not  fixed  by  its  provisions. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  amend- 
ments, as  in  case  of  other  bills. 

Sec.  34.  The  general  appropriation  bills  shall  embrace  nothing 
but  appropriations  for  the  ordinary  expenses  of  the  Legislative, 
Executwe  and  J udicial  Departments  of  the  State,  interest  on  the 
public  debt,  and  for  public  schools.  All  other  appropriations 
shall  be  made  by  separate  bills,  each  embracing  but  one  subject. 


772 


CONSTITUTION  OF  WYOMING. 


Sec.  35.  Except  for  interest  on  public  debt,  money  shall  be 
paid  out  of  the  treasury  only  on  appropriations  made  by  the  Leg- 
islature, and  in  no  case  otherwise  than  upon  warrant  drawn  by 
the  proper  officer  in  pursuance  of  law. 

Sec.  36.  No  appropriation  shall  be  made  for  charitable,  indus- 
trial, educational  or  benevolent  purposes  to  any  person,  corpora- 
tion or  community  not  under  the  absolute  control  of  the  State, 
nor  to  any  denominational  or  sectarian  institution  or  association. 

Sec.  37.  The  Legislature  shall  not  delegate  to  any  special 
commissioner,  private  corporation  or  association,  any  power  to 
make,  supervise  or  interfere  with  any  municipal  improvements, 
moneys,  property  or  effects,  whether  held  in  trust  or  otherwise, 
to  levy  taxes,  or  to  perform  any  municipal  functions  whatever. 

Sec.  38.  No  act  of  the  Legislature  shall  authorize  the  invest- 
ment of  trust  funds  by  executors,  administrators,  guardians  or 
trustees,  in  the  bonds  or  stock  of  any  private  corporation. 

Sec.  39.  The  Legislature  shall  have  no  power  to  pass  any 
law  authorizing  the  State  or  any  county  in  the  State  to  contract 
any  debt  or  obligation  in  the  construction  of  any  railroad,  or 
give  or  loan  its  credit  to  or  in  aid  of  the  construction  of  the  same. 

Sec.  40.  No  obligation  or  liability  of  any  person,  association 
or  corporation,  held  or  owned  by  the  State,  or  any  municipal 
corporation  therein,  shall  ever  be  exchanged,  transferred, 
remitted,  released  or  postponed,  or  in  any  way  diminished  by  the 
Legislature;  nor  shall  such  liability  or  obligation  be  extinguished 
except  by  the  payment  thereof  into  the  proper  treasury. 

Sec.  41.  Every  order,  resolution  or  vote,  in  which  the  con- 
currence of  both  houses  may  be  necessary,  except  on  the  question 
of  adjournment,  or  relating  solely  to  the  transaction  of  the  busi- 
ness of  the  two  houses,  shall  be  presented  to  the  Governor,  and 
before  it  shall  take  effect  be  approved  by  him,  or,  being  disap- 
proved, be  repassed  by  two-thirds  of  both  houses  as  prescribed  in 
the  case  of  a bill. 

Sec.  42.  If  any  person  elected  to  either  house  of  the  Legisla- 
ture shall  offer  or  promise  to  give  his  vote  or  influence  in  favor 
of  or  against  any  measure  or  proposition,  pending  or  to  be  intro- 
duced into  the  Legislature,  in  consideration  or  upon  condition 
that  any  other  person  elected  to  the  same  Legislature  will  give 
or  promise  or  assent  to  give  his  vote  or  influence  in  favor  of  or 
against  any  other  measure  or  proposition  pending  or  proposed 
to  be  introduced  into  such  Legislature,  the  person  making  such 


CONSTITUTION  OF  WYOMINO. 


773 


offer  or  promise  shall  he  deemed  guilty  of  solicitation  of  bribery. 
If  any  member  of  the  Legislature  will  give  his  vote  or  influence 
for  or  against  any  measure  or  proposition  pending  or  to  be  intro- 
duced in  such  Legislature,  or  olfer,  promise  or  assent  thereto, 
upon  condition  that  any  other  member  will  give  or  will  promise 
or  assent  to  give  his  vote  or  influence  in  favor  of  or  against  any 
such  measure  or  proposition  pending  or  to  be  introduced  in  such 
Legislature,  or  in  consideration  that  any  other  member  has  given 
his  vote  or  influence  for  or  against  any  other  measure  or  proposi- 
tion in  such  Legislature,  he  shall  be  deemed  guilty  of  bribery, 
and  any  member  of  the  Legislature  or  person  elected  thereto, 
who  shall  be  guilty  of  either  of  such  offenses,  shall  be  expelled 
and  shall  not  thereafter  be  eligible  to  the  Legislature,  and  on 
conviction  thereof  in  the  civil  courts  shall  be  liable  to  such  fur- 
ther penalty  as  may  be  prescribed  by  law. 

Sec.  43.  Any  person  who  shall  directly  or  indirectly  offer, 
give  or  promise  any  money  or  thing  of  value,  testimonial,  privilege 
or  personal  advantage,  to  any  executive  or  judicial  officer  or 
member  of  the  Legislature,  to  influence  him  in  the  performance 
of  any  of  his  official  duties  shall  be  deemed  guilty  of  bribery, 
and  be  punished  in  such  manner  as  shall  be  provided  by  law. 

Sec.  44.  Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceedings  against  any  person  who  may 
be  charged  with  having  committed  the  offense  of  bribery  or  cor- 
rupt solicitation,  or  practices  of  solicitation,  and  shall  not  be 
permitted  to  withhold  his  testimony  upon  the  ground  that  it 
may  criminate  himself,  or  subject  him  to  public  infamy;  but 
such  testimony  shall  not  afterwards  be  used  against  him  in  any 
judicial  proceeding,  except  for  perjury  in  giving  such  testimony, 
and  any  person  convicted  of  either  of  the  offenses  aforesaid  shall, 
as  part  of  the  punishment  therefor,  be  disqualifled  from  holding 
any  office  or  position  of  honor,  trust  or  profit  in  this  State. 

Sec.  45.  The  offense  of  corrupt  solicitation  of  members  of  the 
Legislature  or  of  public  officers  of  the  State,  or  of  any  municipal 
division  thereof,  and  the  occupation  or  practice  of  solicitation 
of  such  members  or  officers  to  influence  their  official  action  shall 
be  defined  by  law  and  shall  be  punished  by  fine  and  imprisonment. 

Sec.  46.  A member  who  has  a personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  before  the  Legislature 
shall  disclose  the  fact  to  the  house  of  which  he  is  a member,  and 
shall  not  vote  thereon. 


774 


CONSTITUTION  OF  WYOMING. 


Ajpjportionment. 

Section  1.  One  Representative  in  the  Congress  of  the  United 
•States  shall  be  elected  from  the  State  at  large,  the  Tuesday  next 
after  the  first  Monday  in  November,  1890,  and  thereafter  at  such 
times  and  places,  and  in  such  manner  as  may  be  prescribed  by 
law.  When  a new  apportionment  shall  be  made  by  Congress, 
the  Legislature  shall  divide  the  State  into  congressional  districts 
accordingly. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  an  enumera- 
tion of  the  inhabitants  of  the  State  in  the  year  1895,  and  every 
tenth  year  thereafter,  and  at  the  session  next  following  such 
enumeration,  and  also  at  the  session  next  following  an  enumera- 
tion made  by  the  authority  of  the  United  States,  shall  revise 
and  adjust  the  apportionment  for  Senators  and  Representatives, 
on  a basis  of  such  enumeration  according  to  ratios  to  be  fixed 
by  law. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to 
time  as  public  convenience  may  require.  When  a representative 
district  shall  be  composed  of  two  or  more  counties,  they  shall  be 
contiguous  and  the  districts  as  compact  as  may  be.  No  county 
shall  be  divided  in  the  formation  of  representative  districts. 

Sec.  4.  Until  an  apportionment  of  Senators  and  Representa- 
tives is  otherwise  provided  by  law,  they  shall  be  divided  among 
the  several  counties  of  the  State  in  the  following  manner: 

Albany  county,  two  Senators  and  five  Representatives. 

Carbon  county,  two  Senators  and  five  Representatives. 

Converse  county,  one  Senator  and  three  Representatives. 

Crook  county,  one  Senator  and  two  Representatives. 

Fremont  county,  one  Senator  and  two  Representatives. 

Laramie  county,  three  Senators  and  six  Representatives. 

Johnson  county,  one  Senator  and  two  Representatives. 

Sheridan  county,  one  Senator  and  two  Representatives. 

Sweetwater  county,  two  Senators  and  three  Representatives. 

Uinta  county,  two  Senators  and  three  Representatives. 

ARTICLE  IV. 

Executim  Department, 

Section  1.  Tlie  executive  power  shall  be  vested  in  a Governor, 
wlio  sliall  liold  his  office  for  the  term  of  four  (4)  years  and  until 
his  successor  is  elected  and  duly  qualified. 


CONSTITUTION  OF  WYOMINO. 


775 


Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Governor 
unless  he  be  a citizen  of  the  United  States  and  a qualified  elec- 
tor of  the  State,  who  has  attained  the  age  of  thirty  years,  and 
who  has  resided  five  years  next  preceding  the  election  within 
the  State  or  Territory,  nor  shall  he  be  eligible  to  any  other  office 
daring  the  term  for  which  he  was  elected. 

Sec.  3.  The  Governor  shall  be  elected  by  the  qualified  elec- 
tors of  the  State  at  the  time  and  place  of  choosing  members  of 
the  Legislature.  The  person  having  the  highest  number  of  votes 
for  Governor  shall  be  declared  elected,  but  if  two  or  more  shall 
have  an  equal  and  highest  number  of  votes  for  Governor,  the 
two  houses  of  the  Legislature  at  its  next  regular  session  shall 
forthwith,  by  joint  ballot,  choose  one  of  such  persons  for  said 
office.  The  returns  of  the  election  for  Governor  shall  be  made 
im  such  manner  as  shall  be  prescribed  by  law\ 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  forces  of  the  State,  except  when  they  are  called  into 
the  seiwice  of  the  United  States,  and  may  call  out  the  same  to 
eiiecute  the  laws,  suppress  insurrection  and  repel  invasion.  He 
shall  have  power  to  convene  the  Legislature  on  extraordinary 
occasions.  He  shall  at  the  commencement  of  each  session  com- 
municate to  the  Legislature  by  message,  information  of  the  con- 
dition of  the  State,  and  recommend  such  measures  as  he  shall 
deem  expedient.  He  shall  transact  all  necessary  business  with 
the  officers  of  the  government,  civil  and  military.  He  shall 
expedite  all  such  measures  as  may  be  resolved  upon  by  the  Legis- 
lature and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  5.  The  Governor  shall  have  power  to  remit  fines  and 
forfeitures,  to  grant  reprieves,  commutations  and  pardons  after 
conviction,  for  all  offenses  except  treason  and  cases  of  impeach- 
ment; but  the  Legislature  may  by  law  regulate  the  manner  in 
which  the  remission  of  fines,  pardons,  commutations  and  reprieves 
may  be  applied  for.  Upon  conviction  for  treason  he  shall  have 
power  to  suspend  the  execution  of  sentence  until  the  case  is 
reported  in  the  Legislature  at  its  next  regular  session,  when  the 
Legislature  shall  either  pardon,  or  commute  the  sentence,  direct 
the  execution  of  the  sentence  or  grant  further  reprieve.  He  shall 
communicate  to  the  Legislature  at  each  regular  session  each  case 
of  remission  of  fine,  reprieve,  commutation  or  pardon  granted  by 
him,  stating  the  name  of  the  convict,  the  crime  for  which  he  was 


77G 


CONSTITUTION  OF  WYOMING. 


convicted,  the  sentence  and  its  date,  and  the  date  of  the  remis- 
sion, commutation,  pardon  or  reprieve,  with  his  reasons  for  grant- 
ing the  same. 

Sec.  6.  If  the  Governor  he  impeached,  displaced,  resign  or 
die,  or  from  mental  or  physical  disease  or  otherwise  become 
incapable  of  performing  the  duties  of  his  office  or  be  absent  from 
the  State,  the  Secretary  of  State  shall  act  as  Governor  until  the 
vacancy  is  filled  or  the  disability  removed. 

Sec.  7.  W'hen  any  office  from  any  cause  becomes  vacant,  and 
no  mode  is  provided  by  the  Constitution  or  law  for  filling  such 
vacancy,  the  Governor  shall  have  power  to  fill  the  same  by 
appointment. 

Sec.  8.  Every  bill  which  has  passed  the  Legislature  shall, 
before  it  becomes  a law,  be  presented  to  the  Governor.  If  he 
approve,  he  shall  sign;  but  if  not,  he  shall  return  it  with  his 
objections  to  the  house  in  which  it  originated,  which  shall  enter 
the  objections  at  large  upon  the  journal  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration  two-thirds  of  the  mem- 
bers elected  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  it  will  likewise  be 
reconsidered,  and  if  it  be  approved  by  two-thirds  of  the  members 
elected,  it  shall  become  a law;  but  in  all  such  cases  the  vote 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  and  against  the  bill  shall  be 
entered  upon  the  journal  of  each  house  respectively.  If  any  bill 
is  not  returned  by  the  Governor  within  three  days  (Sundays 
excepted)  after  its  presentation  to  him,  the  same  shall  be  a law, 
unless  the  Legislature  by  its  adjournment,  prevent  its  return, 
in  which  case  it  shall  be  a law,  unless  he  shall  file  the  same  with 
his  objections  in  the  office  of  the  Secretary  of  State  within  fifteen 
days  after  such  adjournment. 

Sec.  9.  Tlie  Governor  shall  have  power  to  disapprove  of  any 
item  or  items  or  part  or  parts  of  any  bill  making  appropriations 
of  money  or  property  embracing  distinct  items,  and  the  part  or 
parts  of  the  bill  approved  shall  be  the  law,  and  the  item  or  items 
and  part  or  parts  disapproved  shall  be  void  unless  enacted  in  the 
following  manner:  If  the  Legislature  be  in  session  he  shall 
transmit  to  the  house  in  which  the  bill  originated  a copy  of  the 
item  or  items  or  part  or  parts  thereof  disapproved,  together  with 
his  objections  thereto,  and  the  items  or  parts  objected  to  shall 


CONSTITUTION  OF  WYOMINO. 


777 


be  separately  reconsidered,  and  each  item  or  part  shall  then  take 
the  same  course  as  is  prescribed  for  the  passage  of  bills  over  the 
executive  veto. 

Sec.  10.  Any  Governor  of  this  State  who  asks,  receives  or 
agrees  to  receive  any  bribe  upon  any  understanding  that  his 
official  opinion,  judgment  or  action  shall  be  influenced  thereby, 
or  who  gives,  or  offers,  or  promises  his  official  influence  in  con- 
sideration that  any  member  of  the  Legislature  shall  give  his 
official  vote  or  influence  on  any  particular  side  of  any  question 
or  matter  upon  which  he  is  required  to  act  in  his  official  capac- 
ity, or  who  menaces  any  member  by  the  threatened  use  of  his 
veto  power,  or  who  offers  or  promises  any  member  that  he,  the 
Governor,  will  appoint  any  particular  person  or  persons  to  any 
office  created  or  thereafter  to  be  created  in  consideration  that  any 
member  shall  give  his  official  vote  or  influence  on  any  matter 
pending  or  thereafter  to  be  introduced  into  either  house  of  said 
Legislature;  or  who  threatens  any  member  that  he,  the  Governor, 
will  remove  any  person  or  persons  from  office  or  position  with 
intent  in  any  manner  to  influence  the  action  of  said  member, 
shall  be  punished  in  the  manner  now  or  that  may  hereafter  be 
provided  by  law,  and  upon  conviction  thereof  shall  forfeit  all 
right  to  hold  or  exercise  any  office  of  trust  or  honor  in  this 
State. 

Sec.  11.  There  shall  be  chosen  by  the  qualified  electors  of 
the  State  at  the  times  and  places  of  choosing  members  of  the 
Legislature,  a Secretary  of  State,  Auditor,  Treasurer  and  Superin- 
tendent of  Public  Instruction,  who  shall  have  attained  the  age 
of  twenty-five  years  respectively,  shall  be  citizens  of  the  United 
States,  and  shall  have  the  qualifications  of  State  electors.  They 
shall  severally  hold  their  offices  at  the  seat  of  government,  for 
the  term  of  four  (4)  years  and  until  their  successors  are  elected 
and  duly  qualified,  but  no  person  shall  be  eligible  for  the  office 
of  Treasurer  for  four  (4)  years  after  the  expiration  of  the  term 
for  which  he  was  elected.  The  Legislature  may  provide  for  such 
other  State  officers  as  are  deemed  necessary. 

Sec.  12.  The  powers  and  duties  of  the  Secretary  of  State, 
of  State  Auditor,  Treasurer  and  Superintendent  of  Public  Instruc- 
tion shall  be  as  prescribed  by  law. 

■Sec.  13.  Until  otherwise  provided  by  law,  the  Governor  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars. 


778 


CONSTITUTION  OF  WYOMING. 


the  Secretary  of  State,  State  Auditor,  State  Treasurer  and  Super- 
intendent of  Public  Instruction  shall  each  receive  an  annual 
salary  of  two  thousand  dollars  and  the  salaries  of  any  of  said 
officers  shall  not  be  increased  or  diminished  during  the  period 
for  which  they  were  elected,  and  all  fees  and  profits  arising  from 
any  of  the  said  offices  shall  be  covered  into  the  State  Treasury. 

Sec.  14.  The  Legislature  shall  provide  for  a State  Examiner, 
who  shall  be  appointed  by  the  Governor  and  confirmed  by  the 
Senate.  His  duty  shall  be  to  examine  the  accounts  of  State 
Treasurer,  Supreme  Court  Clerks,  District  Court  Clerks,  and  all 
County  Treasurers,  and  treasurers  of  such  other  public  institu- 
tions as  the  law  may  require,  and  shall  perform  such  other  duties 
as  the  Legislature  may  prescribe.  He  shall  report  at  least  once  a 
year,  and  oftener  if  required,  to  such  officers  as  are  designated 
by  the  Legislature.  His  compensation  shall  be  fixed  by  law. 

■Sec.  15.  There  shall  be  a seal  of  State,  which  shall  be  called 
the  Great  Seal  of  the  State  of  Wyoming ; ” it  shall  be  kept  by 
the  Secretary  of  State  and  used  by  him  officially  as  directed  by 
law. 

Sec.  16.  The  seal  of  the  Territory  of  Wyoming  as  now  used 
shall  be  the  seal  of  the  State  until  otherwise  provided  by  law. 

ARTICLE  V. 

Judicial  DejMrtment. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested 
in  the  Senate,  sitting  as  a Court  of  Impeachment,  in  a Supreme 
Court,  District  Courts,  Justices  of  the  Peace,  Courts  of  Arbitra- 
tion and  such  courts  as  the  Legislature  may,  by  general  law, 
establish  for  incorporated  cities  or  incorporated  towns. 

Sec.  2.  The  Supreme  Court  shall  have  general  appellate  juris- 
diction, co  extensive  with  the  State,  in  both  civil  and  criminal 
causes,  and  shall  have  a general  superintending  control  over 
all  inferior  courts,  under  such  rules  and  regulations  as  may  be 
prescribed  by  law. 

Sec.  3.  The  Supreme  Court  shall  have  original  jurisdiction 
in  quo  warranto  and  mandamus  as  to  all  State  officers,  and  in 
habeas  corpus.  The  Supreme  Court  shall  also  have  power  to 
issue  writs  of  mandamus,  review,  prohibition,  habeas  corpus, 
certiorari,  and  other  writs  necessary  and  proper  to  the  com- 
plete exercise  of  its  appellate  and  revisory  jurisdiction.  Each 


CONSTITUTION  OF  WYOMING. 


779 


of  the  judges  shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State  upon  petition  by  or  on  behalf  of  a per- 
son held  in  actual  custody,  and  may  make  such  writs  returnable 
before  himself  or  before  the  Supreme  Court,  or  before  any  Dis- 
trict Court  of  the  State  or  any  judge  thereof. 

Sec.  4.  The  Supreme  Court  of  the  State  shall  consist  of  three 
justices  who  shall  be  elected  by  the  qualified  electors  of  the  State 
at  a general  State  election  at  the  times  and  places  at  which 
State  officers  are  elected;  and  their  term  of  office  shall  be  eight 
(8)  years,  commencing  from  and  after  the  first  Monday  in  January 
next  succeeding  their  election;  and  the  justices  elected  at  the 
first  election  after  this  Constitution  shall  go  into  effect,  shall  at 
their  first  meeting  provided  by  law,  so  classify  themselves  by  lot 
that  one  of  them  shall  go  out  of  office  at  the  end  of  four  (4)  years, 
and  one  at  the  end  of  six  (6)  years,  and  one  at  the  end  of  eight  (8) 
years  from  the  commencement  of  their  term,  and  an  entry  of  such 
classification  shall  be  made  in  the  record  of  the  court  and  signed 
by  them,  and  a duplicate  thereof  shall  be  filed  in  the  office  of  the 
Secretary  of  State.  The  justice  having  the  shortest  term  to 
seiwe  and  not  holding  his  office  by  appointment  or  election  to  fill 
a vacancy,  shall  be  the  Chief  Justice  and  shall  preside  at  all  terms 
of  the  Supreme  Court,  and,  in  case  of  his  absence,  the  justice 
having  in  like  manner  the  next  shortest  term  to  serve  shall  pre- 
side in  his  stead.  If  a vacancy  occur  in  the  office  of  a justice 
of  the  Supreme  Court  the  Governor  shall  appoint  a person  to 
hold  the  office  until  the  election  and  qualification  of  a person  to 
fill  the  unexpired  term  occasioned  by  such  vacancy,  which  elec- 
tion shall  take  place  at  the  next  succeeding  general  election. 
The  first  election  of  the  justices  shall  be  at  the  first  general  elec 
tion  after  this  Constitution  shall  go  into  effect. 

Sec.  5.  A majority  of  the  Justices  of  the  Supreme  Court  shall 
be  necessary  to  constitute  a quorum  for  the  transaction  of 
business.  j : | 

•Sec.  6.  In  case  a Judge  of  the  Supreme  Court  shall  be  in 
any  way  interested  in  a cause  brought  before  such  court  the 
remaining  judges  of  said  court  shall  call  one  of  the  District 
Judges  to  sit  wfith  them  on  the  hearing  of  said  cause. 

Sec.  7.  At  least  two  terms  of  the  Supreme  Court  shall  be 
held  annually  at  the  seat  of  government  at  such  times  as  may 
be  provided  by  law.  • | 


780 


CONSTITUTION  OF  WYOMINO. 


Sec.  8.  No  person  shall  be  eligible  to  the  office  of  Justice  of 
the  Supreme  Court  unless  he  be  learned  in  the  law,  have  been 
in  actual  practice  at  least  nine  (9)  years  or  whose  service  on  the 
bench  of  any  court  of  record,  when  added  to  the  time  he  may 
have  practiced  law,  shall  be  equal  to  nine  (9)  years,  be  at  least 
thirty  years  of  age  and  a citizen  of  the  United  States,  nor  unless 
he  shall  have  resided  in  this  State  or  Territory  at  least  three 
years. 

Sec.  9.  There  shall  be  a Clerk  of  the  Supreme  Court  who 
shall  be  appointed  by  the  justices  of  said  court  and  shall  hold 
his  office  during  their  pleasure,  and  whose  duties  and  emoluments 
shall  be  as  x>covided  by  law. 

Sec.  10.  The  District  Court  shall  have  original  jurisdiction 
of  all  causes  both  at  law  and  in  equity  and  in  all  criminal 
cases,  of  all  matters  of  probate  and  insolvency  and  of  such 
special  cases  and  proceedings  as  are  not  otherwise  provided  for. 
The  District  Court  shall  also  have  original  jurisdiction  in  all 
cases  and  of  all  proceedings  in  which  jurisdiction  shall  not  have 
been  by  law  vested  exclusively  in  some  other  court;  and  said 
court  shall  liave  the  power  of  naturalization  and  to  issue  papers 
therefor.  They  shall  have  such  appellate  jurisdiction  in  cases 
arising  in  justices’  and  other  inferior  courts  in  their  respective 
counties  as  may  be  prescribed  by  law.  Said  courts  and  their 
judges  shall  have  power  to  issue  writs  of  mandamus,  quo 
warranto,  review,  certiorari,  prohibition,  injunction  and  writs 
of  habeas  corpus,  on  petition  by  or  on  behalf  of  any  person  in 
actual  custody  in  their  respective  districts. 

•Sec.  11.  The  Judges  of  the  District  Courts  may  hold  courts 
for  each  other  and  shall  do  so  when  required  by  law. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  Judge  of 
the  District  Court  unless  he  be  learned  in  the  law,  be  at  least 
twenty-eight  years  of  age,  and  a citizen  of  the  United  States, 
nor  unless  he  shall  have  resided  in  the  State  or  Territory  of 
Wyoming  at  least  two  years  next  preceding  his  election. 

Sec.  13.  There  shall  be  a clerk  of  the  District  Court  in  each 
organized  county  in  which  a court  is  holden  who  shall  be  elected, 
or,  in  case  of  vacancy,  appointed  in  such  manner  and  with  such 
duties  and  compensation  as  may  be  prescribed  by  law. 

Sec.  14.  The  Legislature  shall  provide  by  law  for  the  appoint- 
ment by  the  several  District  Courts  of  one  or  more  District 
Court  Commissioners  (who  shall  be  persons  learned  in  the  law) 


CONSTITUTION  OF  WYOMING. 


781 


in  each  organized  county  in  which  a District  Court  is  holden, 
such  commissioners  shall  have  authority  to  perform  such  cham- 
ber business  in  the  absence  of  the  district  judge  from  the  county 
or  upon  his  written  statement  filed  with  the  papers,  that  it  is 
improper  for  him  to  act,  as  may  be  prescribed  by  law,  to  take 
depositions  and  perform  such  other  duties,  and  receive  such 
compensation  as  shall  be  prescribed  by  law. 

Sec.  15.  The  style  of  all  process  shall  be  “ The  State  of  Wyom- 
ing.” All  prosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  State  of  Wyoming,  and  conclude  “ against 
the  peace  and  dignity  of  the  State  of  Wyoming.” 

Sec.  16.  No  duties  shall  be  imposed  by  law  upon  the  Supreme 
Court  or  any  of  the  judges  thereof,  except  such  as  are  judicial, 
nor  shall  any  of  the  judges  thereof  exercise  any  power  of  appoint- 
ment except  as  herein  provided. 

Sec.  17.  The  judges  of  the  Supreme  and  District  Courts 
shall  receive  such  compensation  for  their  services  as  may  be 
prescribed  by  law,  which  compensation  shall  not  be  increased 
or  diminished  during  the  term  for  which  a judge  shall  have 
been  elected,  and  the  salary  of  a judge  of  the  Supreme  or  DiS' 
trict  Court  shall  be  as  may  be  prescribed  by  law. 

Sec.  18.  Writs  of  error  and  appeals  may  be  allowed  from  the 
decisions  of  the  District  Courts  to  the  Supreme  Courts  under 
such  regulations  as  may  be  prescribed  by  law. 

Sec.  19.  Until  otherwise  provided  by  law,  the  State  shall 
be  divided  into  three  judicial  districts,  in  each  of  which  there 
shall  be  elected  at  general  elections,  by  the  electors  thereof, 
one  judge  of  the  District  Court  therein,  whose  term  shall  be  six 
(6)  years  from  the  first  Monday  in  January  succeeding  his  elec- 
tion and  until  his  successor  is  duly  qualified. 

Sec.  20.  Until  otherwise  provided  by  law,  said  judicial  dis- 
trict shall  be  constituted  as  follows*. 

District  number  one  shall  consist  of  the  counties  of  Laramie, 
Converse  and  Crook. 

District  number  two  shall  consist  of  the  counties  of  Albany, 
Johnson  and  Sheridan. 

District  number  three  shall  consist  of  the  counties  of  Carbon, 
•Sweetwater,  Uinta  and  Fremont. 

Sec.  21.  The  Legislature  may  from  time  to  time  increase 
the  number  of  said  judicial  districts  and  the  judges  thereof, 


782 


CONSTITUTION  OF  WYOMINO. 


and  such  increase  or  change  in  the  boundaries  of  the  district 
shall  not  work  the  removal  of  any  judge  from  his  office  during 
the  term  for  which  he  may  have  been  elected  or  appointed;  pro- 
vided the  number  of  districts  and  district  judges  shall  not  exceed 
four  until  the  taxable  valuation  of  property  in  the  State  shall 
exceed  one  hundred  million  dollars  (|100,0()0,000). 

Sec.  22.  The  Legislature  shall  provide  by  law  for  the  election 
of  Justices  of  the  Peace  in  each  organized  county  in  each  State. 
But  the  number  of  said  justices  to  be  elected  in  each  organized 
county  shall  be  limited  by  law  to  such  number  as  shall  be  neces- 
sary for  the  proper  administration  of  justice.  The  Justices  of 
the  Peace  herein  provided  for  shall  have  concurrent  jurisdic- 
tion with  the  District  Court  in  all  civil  actions  where  the  amount 
in  controversy,  exclusive  of  the  costs,  does  not  exceed  two  hun- 
dred dollars,  and  they  shall  have  such  jurisdiction  to  hear  and 
determine  cases  of  misdemeanor  as  may  be  provided  by  law,  but 
in  no  case  shall  said  Justices  of  the  Peace  have  jurisdiction  when 
the  boundaries  of  or  title  to  real  estate  shall  enter  into  question. 

Sec.  23.  Appeals  shall  lie  from  the  final  decisions  of  Justices 
of  the  Peace  and  Police  Magistrates  in  such  cases  and  pur- 
poses in  which  real  estate  shall  come  into  question. 

Sec.  24.  The  time  of  holding  courts  in  the  several  counties 
of  a district  shall  be  as  prescribed  by  law,  and  the  Legislature 
shall  make  provisions  for  attaching  unorganized  counties  or 
territory  to  organized  counties  for  judicial  purposes. 

Sec.  25.  No  judge  of  the  Supreme  or  District  Court  shall 
act  as  attorney  or  counsellor  at  law. 

Sec.  20.  Until  the  Legislature  shall  provide  by  law  for  fix- 
ing tlie  terms  of  courts  the  judges  of  the  Supreme  Court  and 
District  Courts  shall  fix  the  terms  thereof. 

Sec.  27.  No  judge  of  the  Supreme  or  District  Court  shall  be 
elected  or  appointed  to  any  other  than  judicial  offices  or  be 
eligible  thereto  during  the  term  for  which  he  was  elected  as 
such  judge. 

Sec.  28.  Appeals  from  decisions  of  compulsory  boards  of  arbi- 
tration shall  be  allowed  to  the  Supreme  Court  of  the  State,  and 
the  manner  of  taking  such  appeals  shall  be  prescribed  by 
appointing  such  judge. 


CONSTITUTION^  OF  WYOMING. 


783 


AETICLE  VI. 

Suffrage. 

Section  1.  The  rights  of  citizens  of  the  State  of  Wyoming 
to  vote  and  hold  office  shall  not  he  denied  or  abridged  on  account 
of  sex.  Both  male  and  female  citizens  of  this  State  shall  equally 
enjoy  all  civil,  political  and  religious  rights  and  privileges. 

Sec.  2.  Every  citizen  of  the  United  States  of  the  age  of 
twenty-one  years  and  upwards,  who  has  resided  in  the  State  or 
Territory  one  year  and  in  the  county  wherein  such  residence 
is  located  sixty  days  next  preceding  any  election,  shall  be 
entitled  to  vote  at  such  election,  except  as  herein  otherwise 
provided. 

Sec.  3.  Electors  shall  in  all  cases  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of 
election  during  their  attendance  at  elections,  and  going  to  and 
returning  therefrom. 

Sec.  4.  No  elector  shall  be  obliged  to  perform  militia  duty 
on  the  day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  person  shall  be  deemed  a qualified  elector  of  this 
State,  unless  such  person  be  a citizen  of  the  United  States. 

Sec.  6.  All  idiots,  insane  persons,  and  persons  convicted  of 
infamous  crimes,  unless  restored  to  civil  rights,  are  excluded 
from  the  elective  franchise. 

Sec.  7.  No  elector  shall  be  deemed  to  have  lost  his  residence 
in  the  State,  by  reason  of  his  absence  on  business  of  the  United 
States,  or  of  this  State,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  8.  No  soldier,  seaman  or  marine  in  the  army  or  navy 
of  the  United  States  shall  be  deemed  a resident  of  this  State 
in  consequence  of  his  being  stationed  therein. 

Sec.  9.  No  person  shall  have  the  right  to  vote  who  shall 
not  be  able  to  read  the  Constitution  of  this  State.  The  provis- 
ions of  this  section  shall  not  apply  to  any  person  prevented  by 
physical  disability  from  complying  with  its  requirements. 

Sec.  10.  Nothing  herein  contained  shall  be  construed  to 
deprive  any  person  of  the  right  to  vote  who  has  such  right  at  the 
time  of  the  adoxhion  of  this  Constitution,  unless  disqualified  by 
the  restrictions  of  section  six  of  this  article.  After  the  expira- 


784 


CONSTITUTION  OF  WYOIMINO. 


tion  of  five  years  from  the  time  of  the  adoption  of  this  Constitu- 
tion, none  but  citizens  of  the  United  States  shall  have  the  right 
to  vote. 

Sec.  11.  All  elections  shall  be  by  ballot.  The  Legislature 
shall  provide  by  law  that  the  names  of  all  candidates  for  the  same 
office,  to  be  voted  for  at  any  election,  shall  be  printed  on  the 
same  ballot,  at  public  expense,  and  on  election  day  to  be  delivered 
to  the  voters  within  the  polling  place  by  sworn  public  officials, 
and  only  such  ballots  so  delivered  shall  be  received  and  counted. 
But  no  voter  shall  be  deprived  of  the  privilege  of  writing  upon 
the  ballot  used  the  name  of  any  other  candidate.  All  voters  shall 
be  guaranteed  absolute  privacy  in  the  preparation  of  their  ballots, 
and  the  secrecy  of  the  ballot  shall  be  made  compulsory. 

Sec.  12.  No  person  qualified  to  be  an  elector  of  the  State 
of  Wyoming  shall  be  allowed  to  vote  at  any  general  or  special 
election  hereafter  to  be  holden  in  the  State,  until  he  or  she  shall 
have  registered  as  a voter  according  to  law,  unless  the  failure  to 
register  is  caused  by  sickness  or  absence,  for  which  provision 
shall  be  made  by  law.  The  Legislature  of  the  State  shall  enact 
such  laws  as  will  carry  into  effect  the  provisions  of  this  section, 
which  enactment  shall  be  subject  to  amendment,  but  shall  never 
be  repealed;  but  this  section  shall  not  apply  to  the  first  elec- 
tion held  under  this  Constitution. 

E lections. 

Sec.  13.  The  Legislature  shall  pass  laws  to  secure  the  purity 
of  elections,  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  14.  The  Legislature  shall,  by  general  law,  designate 
the  courts  by  which  the  several  classes  of  election  contests 
not  otherwise  provided  for,  shall  be  tried,  and  regulate  the  man- 
ner of  trial  and  all  matters  incident  thereto;  but  no  such  law 
shall  apply  to  any  contest  arising  out  of  an  election  held  before 
its  passage. 

Sec.  15.  No  person  except  a qualified  elector  shall  be  elected 
or  appointed  to  any  civil  or  military  office  in  the  State. 

Sec.  16.  Every  person  holding  any  civil  office  under  the 
State  or  any  municipality  therein  shall,  unless  removed  accord- 
ing to  law,  exercise  the  duties  of  such  office  until  his  successor 
is  duly  qualified,  but  this  shall  not  apply  to  members  of  the  Leg- 
islature, nor  to  members  of  any  board  of  assembly,  two  or  more 


CONSTITUTION  OF  WYOMING. 


785 


of  whom  are  elected  at  the  same  time.  The  Legislature  may 
by  law  provide  for  suspending  any  officer  in  his  functions,  pend- 
ing impeachment  or  prosecution  for  misconduct  in  office. 

Qualifications  for  Office. 

Sec.  17.  AU  general  elections  for  State  and  county  officers, 
for  members  of  the  House  of  Kepresentatives  and  the  Senate  of 
the  State  of  Wyoming  and  Kepresentatives  to  the  Congress 
of  the  United  States,  shall  be  held  on  the  Tuesday  next  following 
the  first  Monday  in  November  of  each  even  year.  Special  elec- 
tions ma}'  be  held  as  now,  or  as  may  hereafter  be  provided  by 
law.  All  State  and  county  officers  elected  at  a general  election 
shall  enter  upon  their  respective  duties  on  the  first  Monday 
in  January  next  following  the  date  of  their  election,  or  as  soon 
thereafter  as  may  be  possible. 

Sec.  18.  All  officers,  whose  election  is  not  provided  for  in 
this  Constitution,  shall  be  elected  or  appointed  as  may  be 
directed  by  law. 

Sec.  19.  No  member  of  Congress  from  this  State,  nor  any 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise 
any  office  in  this  State  to  which  a salary,  fees  or  perquisites 
shall  be  attached.  The  Legislature  may  by  law  declare  what 
offices  are  incompatible.  'll!. 

Oath  of  Office. 

Sec.  20.  Senators  and  Representatives  and  all  judicial.  State 
and  county  officers  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  take  and  subscnbe  the  following  oath 
or  affirmation:  do  solemnly  swear  (or  affirm)  that  I will  sup- 

port, obey  and  defend  the  Constitution  of  the  United  States, 
and  the  Constitution  of  this  State,  and  that  I will  discharge  the 
duties  of  my  office  with  fidelity;  that  I have  not  paid  or  con- 
tributed, or  promised  to  pay  or  contribute,  either  directly  or 
indirectly,  any  money  or  other  valuable  thing,  to  procure  my 
nomination  or  election  (or  appointment),  except  for  necessary 
and  proper  expenses  expressly  authorized  by  law;  that  I have 
not,  knowingly,  violated  any  election  law  of  the  State,  or  pro- 
cured it  to  be  done  by  others  in  my  behalf;  that  I will  not 
knowingly  receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any 
50 


786 


CONSTITUTION  OF  WYOMING. 


act  or  duty  pertaining  to  my  office,  other  than  the  compensation 
allowed  by  law.” 

Sec.  21.  The  foregoing  oath  shall  be  administered  by  some 
person  authorized  to  administer  oaths,  and  in  the  case  of  State 
officers  and  judges  of  the  Supreme  Court  shall  be  filed  in  the 
office  of  the  Secretary  of  State,  and  in  the  case  of  other  judicial 
and  county  officers,  in  the  office  of  the  clerk  of  the  county  in 
which  the  same  is  taken;  any  person  refusing  to  take  said  oath 
or  affirmation  shall  forfeit  his  office,  and  any  person  who  shall 
be  convicted  of  having  sworn  or  affirmed  falsely,  or  of  having 
violated  said  oath  or  affirmation,  shall  be  guilty  of  perjury,  and 
be  forever  disqualified  from  holding  any  office  of  trust  or  profit 
within  this  State.  The  oath  to  members  of  the  Senate  and 
House  of  Representatives  shall  be  administered  by  one  of  the 
judges  of  the  Supreme  Court  or  a justice  of  the  peace,  in  the 
hall  of  the  house  to  which  the  members  shall  be  elected. 

ARTICLE  Vn. 

Kdiication. 

Section  1.  The  Legislature  shall  provide  for  the  establish- 
ment and  maintenance  of  a complete  and  uniform  system  of 
public  instruction,  embracing  free  elementary  schools  of  every 
needed  kind  and  grade,  a university  with  such  technical  and 
professional  departments  as  the  public  good  may  require  and 
the  means  of  the  State  allow,  and  such  other  institutions  as  may 
be  necessary. 

Sec.  2.  The  following  are  declared  to  be  perpetual  funds 
for  school  purposes,  of  which  the  annual  income  only  can  be 
appropriated,  to-wit:  Such  per  centum  as  has  been  or  may  here- 

after be  granted  by  Congress  on  the  sale  of  lands  in  this  State, 
all  moneys  arising  from  the  sale  or  lease  of  sections  number 
sixteen  and  thirty-six  in  each  township  in  the  State,  and  the 
land  selected  or  that  may  be  selected  in  lieu  thereof;  the  pro- 
ceeds of  all  lands  that  have  been  or  may  hereafter  be  granted 
to  this  State,  where  by  the  terms  and  conditions  of  the  grant, 
the  same  are  not  to  be  otherwise  appropriated;  the  net  proceeds 
of  lands  and  other  property  and  effects  that  come  to  the  State 
by  escheat  or  forfeiture,  or  from  unclaimed  dividends  or  dis- 
tributive shares  of  the  estates  of  deceased  persons;  all  moneys, 
stocks,  bonds,  lands  and  other  property  now  belonging  to  the 
common  school  fund. 


CONSTITUTION  OF  WYOMING. 


787 


Sec.  3.  To  the  sources  of  revenue  above  mentioned  shall 
be  added  all  other  grants,  gifts  and  devises  that  have  been  or 
may  hereafter  be  made  to  this  State  and  not  otherwise  appro- 
priated by  the  terms  of  the  grant,  gift  or  devise. 

•Sec.  4.  All  moneys,  stocks,  bonds,  lands  and  other  prop- 
erty belonging  to  a county  school  fund,  except  such  moneys 
and  property  as  may  be  provided  by  law  for  current  use  in  aid 
of  public  schools,  shall  belong  to  and  be  securely  invested  and 
securely  preserved  in  the  several  counties  as  a county  public 
school  fund,  the  income  of  which  shall  be  appropriated  exclu- 
sively to  the  use  and  support  of  free  public  schools  in  the  several 
counties  of  the  State. 

Sec.  5.  All  fines  and  penalties  under  the  general  laws  of  the 
State  shall  belong  to  the  public  school  fund  of  the  respective 
counties  and  be  paid  over  to  the  custodians  of  such  funds  for 
the  current  support  of  the  public  schools  therein. 

Sec.  6.  All  funds  belonging  to  the  State  for  public  school 
purposes,  the  interest  and  income  of  which  only  are  to  be  used, 
shall  be  deemed  trust  funds  in  the  care  of  the  State,  which 
shall  keep  them  for  the  exclusive  benefit  of  the  public  schools, 
and  shall  make  good  any  losses  that  may  in  any  manner  occur, 
so  that  the  same  shall  remain  forever  inviolate  and  undimin- 
ished. None  of  such  funds  shall  ever  be  invested  or  loaned 
except  on  the  bonds  issued  by  school  districts,  or  registered  ^ 
county  bonds  of  the  State,  or  State  securities  of  this  State,  or  of 
the  United  States. 

Sec.  7.  The  income  arising  from  the  funds  mentioned  in  the 
preceding  section,  together  with  all  the  rents  of  the  unsold 
school  lands  and  such  other  means  as  the  Legislature  may  pro- 
vide, shall  be  exclusively  applied  to  the  support  of  free  schools 
in  every  county  in  the  State. 

Sec.  8.  Provision  shall  be  made  by  general  law  for  the  equit- 
able distribution  of  such  income  among  the  several  counties 
according  to  the  number  of  children  of  school  age  in  each,  which 
several  counties  shall  in  like  manner  distribute  the  proportion 
of  said  fund  by  them  received  respectively  to  the  several  school 
districts  embraced  therein.  But  no  appropriation  shall  be  made 
from  said  fund  to  any  district  for  the  year  in  which  a school 
has  not  been  maintained  for  at  least  three  months;  nor  shall 
any  portion  of  any  public  school  fund  ever  be  used  to  support 
or  assist  any  private  school,  or  any  school,  academy,  seminary, 


788 


CONSTITUTION  OF  WYOMING. 


college  or  other  institution  of  learning  controlled  by  any  church 
or  sectarian  organization  or  religious  denomination  whatsoever. 

Sec.  9.  The  Legislature  shall  make  such  further  provision 
by  taxation  or  otherwise,  as  with  the  income  arising  from  the 
general  school  fund  will  create  and  maintain  a thorough  and 
efficient  system  of  public  schools,  adequate  to  the  proper  instruc- 
tion of  all  the  youth  of  the  State,  between  the  ages  of  six  and 
twenty-one  years,  free  of  charge;  and  in  view  of  such  provision 
so  made,  the  Legislature  shall  require  that  every  child  of  sufficient 
physical  and  mental  ability  shall  attend  a public  school  during 
the  period  between  six  and  eighteen  years  for  a time  equivalent 
to  three  years,  unless  educated  by  other  means. 

Sec.  10.  In  none  of  the  public  schools  so  established  and 
maintained  shall  distinction  or  discrimination  be  made  on 
account  of  sex,  race  or  color. 

Sec.  11.  Neither  the  Legislature  nor  the  Superintendent  of 
Public  Instruction  shall  have  power  to  prescribe  text  books  to 
be  used  in  the  public  schools. 

Sec.  12.  No  sectarian  instruction,  qualifications  or  tests 
shall  be  imparted,  exacted,  applied  or  in  any  manner  tolerated 
in  the  schools  of  any  grade  or  character  controlled  by  the  State, 
nor  shall  attendance  be  required  at  any  religious  service  therein, 
nor  shall  any  sectarian  tenets  or  doctrines  be  taught  or  favored 
• in  any  public  school  or  institution  that  may  be  established  under 
this  Constitution. 

Sec.  13.  The  Governor,  Secretary  of  State,  State  Treasurer, 
and  Superintendent  of  Public  Instruction  shall  constitute  the 
Board  of  Land  Commissioners,  which,  under  direction  of  the 
Legislature,  as  limited  by  this  Constitution,  shall  have  direction, 
control,  leasing  and  disposal  of  the  lands  of  the  State  granted, 
or  which  may  be  hereafter  granted  for  the  support  and  benefit 
of  public  schools,  subject  to  the  further  limitations  that  the  sale 
of  all  lands  shall  be  at  public  auction,  after  such  delay  (not  less 
than  the  time  fixed  by  Congress)  in  portions  at  proper  intervals 
of  time,  and  at  such  minimum  prices  (not  less  than  the  minimum 
fixed  by  Congress)  as  to  realize  the  largest  possible  proceeds. 

Sec.  14.  The  general  supervision  of  the  public  schools  shall 
be  intrusted  to  the  State  Superintendent  of  Public  Instruction, 
whose  powers  and  duties  shall  be  prescribed  by  law. 


CONSTITUTION  OF  WYOMING. 


789 


The  University. 

Sec.  15.  The  establishment  of  the  University  of  Wyoming 
is  hereby  confirmed,  and  said  institution,  with  its  several  depart- 
ments, is  hereby  declared  to  be  the  University  of  the  State  of 
Wyoming.  All  lands  which  have  been  heretofore  granted  or 
which  may  be  granted  hereafter  by  Congress  unto  the  univer- 
sity as  such,  or  in  aid  of  the  instruction  to  be  gi^en  in  any  of 
its  departments,  with  aU  other  grants,  donations,  or  devises 
for  said  university,  or  for  any  of  its  departments,  shall  vest  in 
said  university,  and  be  exclusively  used  for  the  purposes  for 
which  they  were  granted,  donated  or  devised.  The  said  lands 
may  be  leased  on  terms  approved  by  the  land  commissioners, 
but  may  not  be  sold  on  terms  not  approved  by  Congress. 

Sec.  16.  The  university  shall  be  equally  open  to  students 
of  both  sexes,  irrespective  of  race  or  color,  and,  in  order  that 
the  instruction  furnished  may  be  as  nearly  free  as  possible, 
any  amount  in  addition  to  the  income  from  its  grants  of  lands 
and  other  sources  above  mentioned,  necessary  to  its  support 
and  maintenance  in  a condition  of  full  efiiciency  shall  be  raised 
by  taxation  or  otherwise,  under  provisions  of  the  Legislature. 

■Sec.  17.  The  Legislature  shall  provide  by  law  f->r  the  man- 
agement of  the  university,  its  lands  and  other  property  by  a 
board  of  trustees,  consisting  of  not  less  than  seven  members, 
to  be  appointed  by  the  Governor  by  and  with  the  advice  and 
consent  of  the  Senate,  and  the  president  of  the  university,  and 
the  Superintendent  of  Public  Instruction,  as  members  ex  officio, 
as  such  having  the  right  to  speak,  but  not  to  vote.  The  duties 
and  powers  of  the  trustees  shall  be  prescribed  by  law. 

Charitalle  and  Penal  Institutions. 

Sec.  18.  Such  charitable,'  reformatory  and  penal  institu- 
tions as  the  claims  of  humanity  and  the  public  good  may  re(]uire, 
shall  be  established  and  supported  by  the  State  in  such  manner 
as  the  Legislature  may  prescribe.  They  shall  be  under  the  gen- 
eral supervision  of  a State  Board  of  Charities  and  Heform,  v/hose 
duties  and  powers  shall  be  prescribed  by  law. 

Sec,  19.  The  property  of  all  charitable  and  ])enal  institutions 
belonging  to  the  Territory  of  Wyoming  shall,  upon  the  adoption 
of  this  Constitution,  become  the  property  of  the  State  of  Wyom- 
ing, and  such  of  said  institutions  as  are  then  in  actual  opera- 


790 


CONSTTTUTION  OF  WYOMING. 


tion,  shall  thereafter  have  the  supervision  of  the  hoard  of  chari- 
ties and  reform  as  provided  in  the  last  preceding  section  of  this 
article,  under  provisions  of  the  Legislature. 

Public  Health  and  Morals. 

Sec.  20.  As  the  health  and  morality  of  the  people  are  essen- 
tial to  their  well  being,  and  to  the  peace  and  permanence  of  the 
State,  it  shall  be  the  duty  of  the  Legislature  to  protect  and  pro- 
mote these  vital  interests  by  such  measures  for  the  encourage- 
ment of  temperance  and  virtue,  and  such  restrictions  upon  vice 
and  immorality  of  every  sort,  as  are  deemed  necessary  to  the 
public  welfare. 

Public  Buildings. 

Sec.  21.  All  public  buildings  and  other  property  belonging 
to  the  territory  shall,  upon  the  adoption  of  this  Constitution, 
become  the  property  of  the  State  of  Wyoming. 

Sec.  22.  The  construction,  care  and  preservation  of  all  xmblic 
buildings  of  the  State  not  under  the  control  of  the  board  of 
officers  of  public  institutions  by  authority  of  law  shall  be  intrusted 
to  such  officers  or  boards,  and  under  such  regulations  as  shall 
be  prescribed  by  law. 

Sec.  23.  The  Legislature  shall  have  no  power  to  change  or 
to  locate  the  seat  of  government,  the  State  University,  insane 
Asylum  or  State  Penitentiary,  but  may  after  the  expiration  of 
ten  (10)  years  after  the  adoption  of  this  Constitution,  prosdde 
by  law  for  submitting  the  question  of  the  permanent  location 
thereof,  respectively,  to  the  qualified  electors  of  the  State,  at 
some  general  election,  and  a majority  of  all  votes  upon  said 
question  cast  at  said  election,  shall  be  necessary  to  determine 
the  location  thereof;  but  for  said  period  of  ten  (10)  years,  and 
until  the  same  are  respectively  and  permanently  located,  as 
herein  provided,  the  location  of  the  seat  of  government  and 
said  institutions  shall  be  as  follows: 

The  seat  of  government  shall  be  located  at  the  city  of  Chey- 
enne, in  the  county  of  Laramie.  The  State  University  shall  be 
located  at  the  city  of  Laramie,  in  the  county  of  Albany.  The 
insane  asylum  shall  be  located  at  the  town  of  Evanston,  in  the 
county  of  Uinta.  The  penitentiaiy  shall  be  located  at  the  city 
of  Rawlins,  in  the  county  of  Carbon;  but  the  Legislature  may 
provide  by  law  that  said  penitentiary  may  be  converted  to  other 
public  uses.  The  Legislature  shall  not  locate  any  other  public 
institutions  except  under  general  laws,  and  by  vote  of  the  people. 


CONSTITUTION  OF  WYOMING. 


791 


ARTICLE  Vm. 

Irrigation  and  WaUr  Rights. 

Section  1.  The  water  of  all  natural  streams,  springs,  lakes 
or  other  collections  of  still  water,  within  the  boundaries  of  the 
State,  are  hereby  declared  to  be  the  property  of  the  State. 

Sec.  2.  There  shall  be  constituted  a Board  of  Control,  to  be 
composed  of  the  State  Engineer  and  superintendents  of  water 
divisions;  which  shall,  under  such  regulations  as  may  be  pre- 
scribed by  law,  have  the  supervision  of  the  waters  of  the  State 
and  of  their  appropriation,  distribution  and  diversion,  and  of  the 
various  officers  connected  therewith.  Its  decisions  to  be  sub- 
ject to  review  by  the  courts  of  the  State. 

Sec.  3.  Priority  of  appropriation  for  beneficial  uses  shall 
give  the  better  right.  No  appropriation  shall  be  denied  except 
when  such  denial  is  demanded  by  the  public  interests. 

Sec.  4.  The  Legislature  shall  by  law  divide  the  State  into 
four  (4)  water  divisions,  and  provide  for  the  appointment  of 
superintendents  thereof. 

Sec.  5.  There  shall  be  a State  Engineer  who  shall  be  appointed 
by  the  Governor  of  the  State  and  confirmed  by  the  Senate;  he 
shall  hold  his  office  for  the  term  of  six  (6)  years,  or  until  his 
successor  shall  have  been  appointed  and  shall  have  qualified. 
He  shall  be  president  of  the  Board  of  Control  and  shall  have 
general  supervision  of  the  waters  of  the  State  and  of  the  officers 
connected  with  their  distribution.  No  person  shall  be  appointed 
to  this  position  who  has  not  such  theoretical  knowledge  and 
such  practical  experience  and  skiU  as  shall  fit  him  for  the 
position. 

ARTICLE  IX. 

Mines  and  Mining. 

Section  1.  There  shall  be  established  and  maintained  the 
office  of  inspector  of  mines,  the  duties  and  salary  of  which  shall 
be  prescribed  by  law.  W^hen  said  office  shall  be  established, 
the  Governor  shall,  with  the  advice  and  consent  of  the  Senate, 
appoint  thereto  a person  proven  in  the  manner  provided  by  law 
to  be  competent  and  practical,  whose  term  of  office  shall  be  two 
years. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  the  proper 
development,  ventilation,  drainage  and  operation  of  all  mines 
in  this  State. 


792 


CONSTITUTION  OF  WYOMINO. 


Sec.  3.  No  boy  under  the  age  of  fourteen  years,  and  no  woman 
or  girl  of  any  age  shall  be  employed  or  be  permitted  to  be  in 
or  about  any  coal,  iron  or  other  dangerous  mines  for  the  purpose 
of  employment  therein;  provided,  however,  this  provision  shall 
not  affect  the  employment  of  a boy  or  female  of  suitable  age  in 
an  office  or  in  the  performance  of  clerical  work  at  such  mine  or 
colliery. 

Sec.  4.  For  any  injury  to  person  or  property  caused  by  will- 
ful failure  to  comply  with  the  provisions  of  this  article,  or  laws 
passed  in  pursuance  hereof,  a right  of  action  shaU  accrue  to 
the  party  injured,  for  the  damage  sustained  thereby,  and  in  all 
cases  in  this  State,  whenever  the  death  of  a person  shall  be 
caused  by  wrongful  act,  neglect  or  default,  such  as  would,  if 
death  had  not  ensued,  have  entitled  the  party  injured  to  main- 
tain an  action  to  recover  damages  in  respect  thereof,  the  person 
who  or  the  corporation  which  would  have  been  liable,  if  death 
had  not  ensued,  shall  be  liable  for  an  action  for  damages  notwith- 
standing the  death  of  the  person  injured,  and  the  Legislature 
shall  provide  by  law  at  its  first  session  for  the  manner  in  which 
the  right  of  action  in  respect  thereto  shall  be  enforced. 

Sec.  5.  The  Legislature  may  provide  that  the  science  of  min- 
ing and  metallurgy  be  taught  in  one  of  the  institutions  of  learn- 
ing under  the  patronage  of  the  State. 

Sec.  6.  There  shall  be  a State  Geologist,  who  shall  be 
appointed  by  the  Governor  of  the  State,  with  the  advice  and  con- 
sent of  the  Senate.  He  shall  hold  his  office  for  the  term  of  six 
(6)  years  or  until  his  successor  shall  have  been  appointed  and 
shall  have  qualified.  His  duties  and  compensation  shall  be  pre- 
scribed by  law.  No  person  shall  be  appointed  to  this  position 
unless  he  has  such  theoretical  knowledge  and  such  j)ractical 
experience  and  skill  as  shall  fit  him  for  the  position;  said  State 
Geologist  shall  ex  officio  perform  the  duties  of  inspector  of  mines 
until  otherwise  provided  by  law. 

ARTICLE  X. 

Corporations. 

Section  1.  The  Legislature  shall  provide  for  the  organization 
of  corporations  by  general  law.  All  laws  relating  to  corpora- 
tions may  be  altered,  amended  or  repealed  by  the  Legislature 
at  any  time  when  necessary  for  the  public  good  and  general 
welfare,  and  all  corporations  doing  business  in  this  State  may 


CONSTITUTION  OF  WYOMINO. 


793 


as  to  such  business  be  regulated,  limited  or  restrained  bj  law 
not  in  conflict  with  the  Constitution  of  the  United  States. 

Sec.  2.  AU  powers  and  franchises  of  corporations  are  dv_uflyed 
from  the  people  and  are  granted  by  their  agent,  the  goTern- 
ment,  for  the  public  good  and  general  welfare,  and  the  right  and 
duty  of  the  State  to  control  and  regulate  them  for  these  pur- 
poses is  hereby  declared.  The  power,  rights  and  privileges  of 
any  and  all  corporations  may  be  forfeited  by  willful'  neglect  or 
abuse  thereof.  The  police  power  of  the  State  is  supreme  over 
all  corporations  as  well  as  individuals. 

Sec.  3.  All  existing  charters,  franchises,  special  or  exclu- 
sive privileges  under  which  an  actual  and  bona  fide  organiza- 
tion shall  not  have  taken  jdace  for  the  purpose  for  which  formed 
and  which  shall  not  have  been  maintained  in  good  faith  to  the 
time  of  the  adoption  of  this  Constitution  shall  thereafter  have 
no  validity. 

Sec.  4.  No  law  shall  be’  enacted  limiting  the  amount  of 
damages  to  be  recovered  for  causing  the  injury  or  death  of  any 
person.  Any  contract  or  agreement  with  any  employe  waiving 
any  right  to  recover  damages  for  causing  the  death  or  injury 
of  any  employe  shall  be  void. 

Sec.  5.  No  corporation  organized  under  the  laws  of  Wyom- 
ing Territory  or  any  other  jurisdiction  than  this  State,  shall  be 
permitted  to  transact  business  in  this  State  until  it  shall  have 
accepted  the  constitution  of  this  State  and  filed  such  acceptance 
in  accordance  with  the  laws  thereof. 

Sec.  6.  No  corporation  shall  have  power  to  engage  in  more 
than  one  general  line  or  department  of  business,  which  line  of 
business  shall  be  distinctly  specified  in  its  charter  of  incorpora- 
tion. : . ! I 

Sec.  7.  All  corporations  engaged  in  the  transportation  of 
persons,  property,  mineral  oils,  and  mineral  products,  news  or 
intelligence,  including  railroads,  telegraphs,  express  companies, 
pipe  lines  and  telephones,  are  declared  to  be  common  carriers. 

Sec.  8.  There  shall  be  no  consolidation  or  combination  of 
corporations  of  any  kinds  whatever  to  prevent  competition,  to 
control  or  influence  productions  or  prices  thereof,  or  in  any 
manner  to  interfere  with  the  public  good  and  general  welfare. 

Sec,  9.  The  right  of  eminent  domain  shall  never  be  so 
abridged  or  construed  as  to  prevent  the  Legislature  from  taking 


794 


CONSTITUTION  OF  WYOMING. 


property  and  franchises  of  incorporated  companies  and  sub- 
jecting them  to  public  use  the  same  as  the  property  of  indi- 
viduals. 

Sec.  10.  The  Legislature  shall  provide  by  suitable  legisla- 
tion for  the  organization  of  mutual  and  co-operative  associaxions 
or  corporations. 

Railroads. 

Section  1.  Any  railroad  corporation  or  association  organized 
for  the  purpose,  shall  have  the  right  to  construct  and  operate 
a railroad  between  any  points  within  this  State  and  to  connect 
at  the  State  line  with  railroads  of  other  States.  Every  rail- 
road shall  have  the  right  with  its  road  to  intersect,  connect  with 
or  cross  any  other  railroad,  and  all  railroads  shall  receive  and 
transport  each  other’s  passengers,  and  tonnage  and  cars,  loaded 
or  empty,  without  delay  or  discrimination. 

Sec.  2.  Railroad  and  telegraph  lines  heretofore  constructed 
or  that  may  hereafter  be  constructed  in  this  State  are  hereby 
declared  public  highways  and  common  carriers,  and  as  such 
must  be  made  by  law  to  extend  the  same  equality  and  impar- 
tiality to  all  who  use  them,  excepting  employes  and  their  families 
and  ministers  of  the  gospel,  whether  individuals  or  corporations. 

Sec.  3.  Every  railroad  corporation  or  association  operating 
a line  of  railroad  within  this  State  shall  annually  make  a report 
to  the  Auditor  of  the  State  of  its  business  within  the  State,  in 
such  form  as  the  Legislature  may  prescribe. 

Sec.  4.  Exercise  of  the  power  and  right  of  eminent  doTuain 
shall  never  be  so  construed  or  abridged  as  to  prevent  the  taking 
by  the  Legislature  of  property  and  franchises  of  incoiporaxed 
companies  and  subjecting  them  to  public  use  the  same  as  prop- 
erty of  individuals. 

Sec.  5.  Neither  the  State,  nor  any  county,  township,  school 
district  or  municipality  shall  loan  or  give  its  credit  or  make  dona- 
tion to  or  in  aid  of  any  railroad  or  telegraph  line;  provided, 
that  this  section  shall  not  apply  to  obligations  of  any  county, 
city,  township  or  school  district,  contracted  prior  to  the  adoption 
of  this  Constitution. 

Sec.  6.  No  railroad  or  other  transportation  company  or  tele- 
graph company  in  existence  upon  the  adoption  of  this  Constitu- 
tion shall  derive  the  benefit  of  any  future  legislation  without 
first  filing  in  the  office  of  the  Secretary  of  State  an  acceptance 
of  the  provisions  of  this  Constitution. 


CONSTITUTION  OF  WYOMINO. 


795 


Sec.  7.  Any  association,  corporation  or  lessee  of  the  fran- 
chises thereof  organized  for  the  purpose  shall  have  the  right  to 
construct  and  maintain  lines  of  telegraph  within  uhe  State,  and 
to  connect  the  same  with  other  lines. 

Sec.  8.  No  foreign  railroad  or  telegraph  line  shall  do  any 
business  within  the  State  without  having  an  agent  or  agents 
within  each  county  through  which  such  railroad  or  telegraph 
line  shall  be  constructed  upon  whom  process  may  be  served. 

Sec.  9.  No  railroad  company  shall  construct  or  operate  a 
railroad  within  four  (4)  miles  of  any  existing  town  or  city  with- 
out providing  a suitable  depot  or  stopping  place  at  the  nearest 
practicable  point  for  the  convenience  of  said  town  or  city,  and 
stopping  all  trains  doing  local  business  at  said  stopping  place. 
No  railroad  company  shall  deviate  from  the  most  direct  prac- 
ticable line  in  constructing  a railroad  for  the  purpose  of  avoid- 
ing the  provisions  of  this  section. 

ARTICLE  XI. 

Boundaries. 

Section  1.  The  boundaries  of  the  State  of  Wyoming  shall 
be  as  follows:  Commencing  at  the  intersection  of  the  twenty- 

seventh  meridian  of  longitude  west  from  Washington  wdth  the 
forty-fifth  degree  of  north  latitude,  and  running  thence  w’est 
to  the  thirty-fourth  meridian  of  west  longitude,  thence  south  to 
the  forty-first  degree  of  north  latitude,  thence  east  to  the  twenty- 
seventh  meridian  of  west  longitude,  and  thence  north  to  place 
of  beginning. 

ARTICLE  Xn. 

County  Organization. 

Section  1.  The  several  counties  in  the  Territory  of  Wyoming 
as  they  shall  exist  at  the  time  of  the  admission  of  said  Terri- 
tory as  a State,  are  hereby  declared  to  be  the  counties  of  the 
State  of  Wyoming. 

Sec.  2.  The  Legislature  shall  provide  by  general  law  for 
organizing  new  counties,  locating  the  county  seats  thereof  tem- 
porarily and  changing  county  lines.  But  no  new  county  shall 
be  formed  unless  it  shall  contain  within  the  limits  thereof  prop- 
erty of  the  valuation  of  two  million  dollars,  as  shown  by  last 
preceding  tax  returns,  and  not  then  unless  the  remaining  por- 
tion of  the  old  county  or  counties  shall  each  contain  property 
of  at  least  three  millions  of  dollars  of  assessable  valuation;  and 


796 


CONSTITUTION  OF  WYOMING. 


no  new  county  shall  be  organized,  nor  shall  any  organized  county 
be  so  reduced  as  to  contain  a population  of  less  than  one  thou- 
sand five  hundred  bona  fide  inhabitants,  and  in  case  any  por- 
tion of  an  organized  county  or  counties  is  stricken  off  to  form 
a new  county,  the  new  county  shall  assume  and  be  holden  for 
an  equitable  proportion  of  the  indebtedness  of  the  county  or 
counties  so  reduced.  No  county  shall  be  divided  unless  a major- 
ity of  the  qualified  electors  of  the  territory  proposed  to  be  cut  off 
voting  on  the  proposition  shall  vote  in  favor  of  the  division. 

Sec.  3.  The  Legislature  shall  provide  by  general  law  for 
changing  county  seats  in  organized  counties,  but  it  shall  have 
no  power  to  remove  the  county  seat  of  any  organized  county. 

Sec.  4.  The  Legislature  shall  provide  by  general  law  for  a 
system  of  township  organization  and  government,  which  may 
be  adopted  by  any  county  whenever  a majority  of  the  citizens 
thereof  voting  at  a general  election  shall  sO'  determine. 

Sec.  5.  The  Legislature  shall  provide  by  law  for  the  election 
of  such  county  officers  as  may  be  necessary. 

ARTICLE  XIII. 

Municipal  Corporations. 

Section  1.  The  Legislature  shall  provide  by  general  laws 
for  the  organization  and  classification  of  municipal  corpora- 
tions. The  number  of  such  classes  shall  not  exceed  four  (4)^ 
and  the  powers  of  each  class  shall  be  defined  by  general  laws, 
so  that  no  such  corporations  shall  have  any  powers  or  be  sub- 
ject to  any  restrictions  other  than  all  corporations  of  the  same 
class.  Cities  and  towns  now  existing  under  special  charters 
or  the  general  laws  of  the  territory  may  abandon  such  charter 
and  reorganize  under  the  general  laws  of  the  State. 

Sec.  2.  No  municipal  corporation  shall  be  organized  with- 
out the  consent  of  the  majority  of  the  electors  residing  within 
the  district  proposed  to  be  incorporated,  such  consent  to  be 
ascertained  in  the  manner  and  under  such  regulations  as  may  be 
prescribed  by  law. 

Sec.  3.  The  Legislature  shall  restrict  the  powers  of  such 
corporations  to  levy  taxes  and  assessments,  to  borrow  money 
and  contract  debts,  so  as  to  prevent  the  abuse  of  such  power, 
and  no  tax  or  assessment  shall  be  levied  or  collected  or  debts 
contracted  by  municipal  corporations  except  in  pursuance  of 
law  for  public  purposes  specified  by  law. 


CONSTITUTION  OF  WYOMING. 


797 


Sec.  4.  No  street  passenger  ralilway,  telegraph,  telephone 
or  electric  light  line  shall  be  constructed  within  the  limits  of 
any  municipal  organization  without  the  consent  of  its  local 
authorities. 

Sec.  5.  Municipal  corporations  shall  have  the  same  right 
as  individuals  to  acquire  rights  by  prior  appropriation  and  other- 
wise to  the  use  of  water  for  domestic  and  municipal  purposes, 
and  the  Legislature  shall  provide  by  law  for  the  exercise  upon 
the  part  of  incorporated  cities,  towns  and  villages  of  the  right 
of  eminent  domain  for  the  purpose  of  acquiring  from  prior  appro- 
priators  upon  the  payment  of  just  compensation,  such  vater  as 
may  be  necessary  for  the  well  being  thereof  and  for  d<jmestic 
uses. 

ARTICLE  XIV. 

Salaries. 

Section  1.  All  State,  city,  county,  town  and  school  oflicers, 
(excepting  justices  of  the  peace  and  constables  in  precincts 
having  less  than  fifteen  hundred  population,  and  excepting 
court  commissioners,  boards  of  arbitration  and  notaries  public) 
shall  be  paid  fixed  and  definite  salaries.  The  Legislature  shall, 
from  time  to  time,  fix  the  amount  of  such  salaries  as  are  not 
already  fixed  by  this  Constitution,  which  shall  in  all  cases  be  in 
proportion  to  the  value  of  the  services  rendered  and  the  duty 
performed. 

Sec.  2.  The  Legislature  shall  provide  by  law  the  fees  which 
may  be  demanded  by  justices  of  the  peace  and  constables  in 
precincts  having  less  than  fifteen  hundred  population,  and  of 
court  commissioners,  boards  of  arbitration  and  notaries  public, 
which  fees  the  said  officers  shall  accept  as  their  full  compensa- 
tion. But  all  other  State,  county,  city,  town  and  school  officers 
shall  be  required  by  law  to  keep  a true  and  correct  account  of 
all  fees  collected  by  them,  and  to  pay  the  same  into  the  i)roper 
treasury  when  collected,  and  the  officer  whose  duty  it  is  to  col- 
lect such  fees  shall  be  held  responsible,  under  his  bond,  for  neg- 
lect to  collect  the  same : Provided,  That  in  addition  to  the  salary 
of  sheriff  they  shall  be  entitled  to  receive  from  the  party  for 
whom  the  services  are  rendered  in  civil  cases  such  fees  as  may 
be  prescribed  by  law. 

Sec.  3.  The  salaries  of  county  officers  shall  be  fixed  by  law 
within  the  following  limits,  to  wit:  In  counties  ha^yfing  an 
assessed  valuation  not  exceeding  two  millions  (|2,000,000)  of 


798 


CONSTITUTION  OF  WYOMING. 


dollars,  the  sheriff  shall  be  paid  not  more  than  fifteen  hundred 
dollars  per  year.  The  county  clerk  shall  not  be  paid  more  than 
twelve  hundred  (|1,200)  dollars  per  year.  The  county  and  prose- 
cuting attorney  shall  not  be  paid  more  than  twelve  hundred 
(|1,200)  dollars  per  year.  The  county  treasurer  shall  not  be  paid 
more  than  one  thousand  (|1,000)  dollars  per  year.  The  county 
assessor  shall  not  be  paid  more  than  one  thousand  (|1,000)  dol- 
lars per  year.  The  county  superintendent  of  schools  shall  not 
be  paid  more  than  five  hundred  (|500)  dollars  per  year. 

In  counties  having  an  assessed  valuation  of  more  than  two 
millions  (|2, 000, 000)  of  dollars  and  not  exceeding  five  millions 
(15,000,000)  of  dollars,  the  sheriff  shall  not  be  paid  more  than 
two  thousand  (f2,000)  dollars  per  year.  The  county  clerk  shall 
not  be  paid  more  than  eighteen  hundred  (|1,800)  dollars  per 
year.  The  county  treasurer  shall  not  be  paid  more  than  eigh- 
teen hundred  (|1,800)  dollars  per  year.  The  county  assessor 
shall  not  be  paid  more  than  twelve  hundred  (|1,200)  dollars  per 
year.  The  county  and  prosecuting  attorney  shall  not  be  paid 
more  than  fifteen  hundred  (|1,500)  dollars  per  year.  The  county 
superintendent  of  schools  shall  not  be  paid  more  than  seven  hun- 
dred and  fifty  (|750)  dollars  per  year. 

In  counties  having  more  than  five  millions  (|5,000,000)  dollars 
assessed  valuation  the  sheriff  shall  not  be  paid  more  than  two 
thousand  (|2,000)  dollars  per  year.  The  county  clerk  shall  not 
be  paid  more  than  two  thousand  (|2,000)  dollars  per  year.  The 
county  treasurer  shall  not  be  paid  more  than  two  thousand 
(f2,000)  dollars  per  year.  The  county  assessor  shall  not  be  paid 
more  than  fifteen  hundred  (|1,500)  dollars  per  year.  The  county 
and  prosecuting  attorney  shall  not  be  paid  more  than  twenty- 
five  hundred  (|2,500)  dollars  per  year.  The  county  superintend- 
ent of  schools  shall  not  be  paid  more  than  one  thousand  (|1,000) 
dollars  per  year.  The  county  surveyor  in  each  county  shall 
received  not  to  exceed  eight  (|8.00)  dollars  per  day,  for  each  day 
actually  engaged  in  the  performance  of  the  duties  of  his  office. 

Sec.  4.  The  Legislature  shall  provide  by  general  law  for  such 
deputies  as  the  public  necessities  may  require,  and  shall  fix  Iheir 
compensation. 

Sec.  5.  Any  county  officers  performing  the  duties  usually 
performed  by  the  officers  named  in  this  article  shall  be  con- 
sidered as  referred  to  by  section  3 of  this  article,  regardless  of 
the  title  by  which  their  offices  may  hereafter  be  designated. 


CONSTITUTION  OF  WYOMING. 


799 


•Sec.  6.  Whenever  practicable  the  Legislature  may,  and 
whenever  the  same  can  be  done  without  detriment  to  the  pub- 
lic service,  shall  consolidate  offices  in  State,  county  and  munici- 
palities respectively,  and  whenever  so  consolidated,  the  duties 
of  such  additional  office  shall  be  performed  under  an  ex  officio 
title. 

ARTICLE  XV. 

Taxation  and  Revenue, 

Section  1.  All  (lands  and  improvements  thereon  shall  be 
listed  for  assessment,  valued  for  taxation  and  assessed 
separately. 

Sec.  2.  All  coal  lands  in  the  State  from  which  coal  is  not 
being  mined  shall  be  listed  for  assessment,  valued  for  taxa- 
tion and  assessed  according  to  value. 

Sec.  3.  All  mines  and  mining  claims  from  which  gold,  silver 
and  other  precious  metals,  soda,  saline,  coal,  mineral  oil  or 
other  valuable  deposit,  is  or  may  be  produced,  shall  be  taxed 
in  addition  to  the  surface  improvements,  and  in  lieu  of  taxes 
on  the  lands,  on  the  gross  product  thereof,  as  may  be  prescribed 
by  law:  Provided,  That  the  product  of  all  mines  shall  be  taxed 

in  proportion  to  the  value  thereof. 

Sec.  4.  For  State  revenue  there  shall  be  levied  annually  a 
tax  not  to  exceed  four  mills  on  the  dollar  of  the  assessed  valua- 
tion of  the  property  in  the  State  except  for  the  support  of  State 
educational  and  charitable  institutions,  the  payment  of  the  State 
debt  and  the  interest  thereon. 

Sec.  5.  For  county  revenue  there  shall  be  levied  annually 
a tax  not  to  exceed  twelve  mills  on  the  dollar  for  all  purposes 
including  general  school  tax,  exclusive  of  State  revenue,  except 
for  the  payment  of  its  public  debt  and  the  interest  thereon. 
An  additional  tax  of  two  dollars  for  each  person  between  the 
ages  of  twenty-one  years  and  fifty  years,  inclusive,  shall  be 
annually  levied  for  county  school  purposes. 

Sec.  6.  No  incorporated  city  or  town  shall  levy  a tax  to 
exceed  eight  mills  on  the  dollar  in  any  one  year,  except  for  the 
payment  of  its  public  debt  and  the  interest  thereon. 

Sec.  7.  All  moneys  belonging  to  the  State,  or  to  any  county, 
city,  town,  village  or  other  subdivision  therein,  except  asi  herein 
otherwise  provided,  shall,  whenever  practicable,  be  deposited 
in  a national  bank  or  banks,  or  in  a bank  or  banks  incorporated 
under  the  laws  of  this  State:  Provided,  That  the  bank  or  banks 


800 


CONSTITUTION  OF  WYOMING. 


in  which  such  money  is  deposited  shall  furnish  security  to  be 
approved  as  provided  by  law,  and  shall  also  pay  a reasonable 
rate  of  interest  thereon.  Such  interest  shall  accrue  to  the  fund 
from  which  it  is  derived. 

Sec.  8.  The  making  of  profit,  directly  or  indirectly,  out  of 
State,  county,  city,  town  or  school  district  money  or  other  public 
fund,  or  using  the  same  for  any  purpose  not  authorized  by  law, 
by  any  public  officer,  shall  be  deemed  a felony,  and  shall  be 
punished  as  provided  by  law. 

Sec.  9.  There  shall  be  a State  board,  composed  of  the  State 
Auditor,  Treasurer  and  Secretary  of  State. 

Sec.  10.  The  duties  of  the  State  Board  shall  be  as  follows: 
To  fix  a valuation  each  year  for  the  assessment  of  live  stock 
and  to  notify  the  several  county  boards  of  equalization  of  the 
rate  so  fixed  at  least  ten  (10)  days  before  the  day  fixed  for  begin- 
ning assessments;  to  assess  at  their  actual  value  the  franchises, 
roadway,  roadbed,  rails  and  rolling  stock  and  all  other  property 
used  in  the  operation  of  all  railroads  and  other  common  carriers, 
except  machine  shops,  rolling  mills  and  hotels  in  this  State; 
such  assessed  valuation  shall  be  apportioned  to  the  counties  in 
which  said  roads  and  common  carriers  are  located,  as  a basis 
for  taxation  of  such  property:  Provided,  That  the  assessment 

so  made  shall  not  apply  to  incorporated  towns  and  cities.  Said 
board  shall  also  have  power  to  equalize  the  valuation  on  all 
property  in  the  several  counties  for  the  State  revenue  and  such 
other  duties  as  may  be  prescribed  by  law. 

•Sec.  11.  All  property,  except  as  in  this  Constitution  other- 
wise provided,  shall  be  uniformly  assessed  for  taxation,  and 
the  Legislature  shall  prescribe  such  regulations  as  shall  secure 
a just  valuation  for  taxation  of  all  property,  real  and  personal. 

Sec.  12.  The  property  of  the  United  States,  the  State,  coun- 
ties, cities,  towns,  school  districts,  municipal  corporations  and 
public  libraries,  lots  with  the  buildings  thereon  used  exclusively 
for  religious  worship,  church  parsonages,  public  cemeteries,  shall 
be  exempt  from  taxation,  and  such  other  property  as  the  Legis- 
lature may  by  general  law  provide. 

Sec.  13.  No  tax  shall  be  levied  except  in  pursuance  of  law, 
and  every  law  imposing  a tax  shall  state  distinctly  the  object 
of  the  same,  to  which  only  it  shall  be  applied. 

Sec.  14.  The  power  of  taxation  shall  never  be  surrendered 
or  suspended  by  any  grant  or  contract  to  which  the  State  or 
any  county  or  other  municipal  corporation  shall  be  a party. 


CONSTITUTION  OF  WYOMING. 


801 


AKTIGLE  XVI. 

Puhlio  Indebtedness. 

Section  1,  The  State  of  Wyoming  shall  not,  in  any  manner, 
create  any  indebtedness  exceeding  one  per  centum  on  the 
assessed  value  of  the  taxable  property  in  the  State,  as  shown  by 
the  last  general  assessment  for  taxation,  preceding;  except  to 
suppress  insurrection  or  to  provide  for  the  public  defense. 

Sec.  2.  No  debt  in  excess  of  the  taxes  for  the  current  year, 
shall  in  any  manner  be  created  in  the  State  of  Wyoming,  unless 
the  proposition  to  create  such  debt  shall  have  been  submitted 
to  a vote  of  the  people  and  by  them  approved;  except  to  sup- 
press insurrection  or  to  provide  for  the  public  defense. 

Sec.  3.  No  county  in  the  State  of  Wyoming  shall  in  any  man- 
ner create  any  indebtedness,  exceeding  two  per  centum  on  the 
assessed  value  of  taxable  property  in  such  county,  as  shown  by 
the  last  general  assessment,  preceding;  provided,  however,  that 
any  county,  city,  town,  village  or  other  sub-division  thereof  in 
the  State  of  Wyoming,  may  bond  its  public  debt  existing  at  the 
time  of  the  adoption  of  this  Constitution,  in  any  sum  not  exceed- 
ing four  per  centum  of  the  assessed  value  of  the  taxable  prop- 
erty in  such  county,  city,  town,  village  or  other  sub-division,  as 
shown  by  the  last  general  assessment  for  taxation. 

Sec.  4.  No  debt  in  excess  of  the  taxes  for  the  current  year 
shall,  in  any  manner,  be  created  by  any  county  or  sub-division 
thereof,  or  any  city,  town  or  village,  or  any  sub-division  thereof 
in  the  State  of  Wyoming,  unless  the  proposition  to  create  such 
debt  shall  have  been  submitted  to  a vote  of  the  people  thereof 
and  by  them  approved. 

Sec.  5.  No  city,  town  or  village,  or  any  sub-division  thereof, 
or  any  sub-division  of  any  county  of  the  State  of  Wyoming,  shall, 
in  any  manner,  create  any  indebtedness  exceeding  two  per 
centum  of  the  assessed  value  of  the  taxable  property  therein; 
provided,  however,  that  any  city,  town  or  village  may  be  author- 
ized to  cresite  an  additional  indebtedness,  not  exceeding  four 
per  centum  of  the  assessed  value  of  the  taxable  property  therein 
as  shown  by  the  last  preceding  general  assessment,  for  the  pur- 
pose of  building  sewerage  therein.  Debts  contracted  for  supply- 
ing water  to  such  city  or  town  are  excepted  from  the  operation 
of  this  section. 

51 


802 


CONSTITUTION  OF  WYOMING. 


Sec.  0.  Neither  the  State  nor  any  county,  city,  township 
town,  school  district,  or  any  other  political  sub-division,  shall 
loan  or  give  its  credit  or  make  donations  to  or  in  aid  of  any 
individual,  association  or  corporation,  except  for  necessary  sup- 
port of  the  poor,  nor  subscribe  to  or  become  the  owner  of  the 
capital  stock  of  any  association  or  corporation.  The  State  shall 
not  engage  in  any  work  of  internal  improvement  unless  author- 
ized by  a two-thirds  vote  of  the  people. 

Sec.  7.  No  money  shall  be  paid  out  of  the  State  Treasury 
except  upon  appropriation  by  law  and  on  warrant  drawn  by  the 
proper  officer,  and  no  bills,  claims,  accounts  or  demands  against 
the  State,  or  any  county  or  political  sub-division,  shall  be  audited, 
allowed  or  paid  until  a full  itemized  statement  in  writing,  veri- 
fied by  affidavit,  shall  be  filed  with  the  officer  or  officers  whose 
duty  it  may  be  to  audit  the  same. 

■Sec.  8.  No  bond  or  evidence  of  indebtedness  of  the  State 
shall  be  valid  unless  the  same  shall  have  endorsed  thereon  a 
certificate  signed  by  the  Auditor  and  Secretary  of  State  that  the 
bond  or  evidence  or  debt  is  issued  pursuant  to  law  and  is  within 
the  debt  limit.  No  bond  or  evidence  of  debt  of  any  county,  or 
bond  of  any  township  or  other  political  sub-division,  shall  be 
valid  unless  the  same  shall  have  endorsed  thereon  a certificate 
signed  by  the  county  auditor  or  other  officer  authorized  by  law 
to  sign  such  certificate,  stating  that  said  bond  or  evidence  of 
debt  fs  issued  pursuant  to  law  and  is  within  the  debt  limit. 

ARTICLE  XVn. 

State  Militia. 

Section  1.  The  militia  of  the  State  shall  consist  of  all  able 
bodied  male  citizens  of  the  State,  between  the  ages  of  eighteen 
and  forty-five  years;  except  such  as  are  exempted  by  the  law 
of  the  United  States  or  the  State.  But  all  such  citizens  having 
scruples  of  conscience  averse  to  bearing  arms  shall  be  excused 
therefrom  upon  such  conditions  as  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  by  law  for  the  enroll- 
ment, equipment  and  discipline  of  the  militia  to  conform  as 
nearly  as  practicable  to  the  regulations  for  the  government  of 
the  armies  of  the  United  States. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the  Gov- 
ernor, the  manner  of  their  selection  to  be  provided  by  law,  and 
may  hold  their  commissions  for  such  period  of  time  as  the  Leg- 
islature may  provide. 


CONSTITUTION  OF  WYOMING. 


803 


Sec.  4.  No  military  organization  under  the  laws  of  the  State 
shall  carry  any  banner  or  flag  representing  any  sect  or  society 
or  the  flag  of  any  nationality  but  that  of  the  United  States. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief  of  all  the 
military  forces  of  the  State,  and  shall  have  power  to  call  out 
the  militia  to  preserve  the  public  peace,  to  execute  the  laws  of 
the  State,  to  suppress  insurrection  or  repel  invasion. 

ARTICLE  XVm. 

Public  Loans  and  Donations. 

Section  1.  The  State  of  Wyoming  hereby  agrees  to  accept 
the  grants  of  land  heretofore  made,  or  that  may  be  hereafter 
made  by  the  United  States  to  the  State,  for  educational  pur- 
poses, for  public  buildings  and  institutions  and  for  other  objects, 
and  donations  of  money  with  the  conditions  and  limitations  that 
may  be  imposed  by  the  act  or  acts  of  Congress,  making  such 
grants  or  donations.  Such  lands  shall  be  disposed  of  only  at 
public  auction  to  the  highest  responsible  bidder,  after  having 
been  duly  appraised  by  the  land  commissioners,  at  not  less  than 
three-fourths  of  the  appraised  value  thereof,  and  for  not  less 
than  $10  per  acre:  Provided,  That  in  case  of  actual  and  bona 

fide  settlement  and  improvement  thereon  at  the  lime  of  the 
adoption  of  this  Constitution,  such  actual  settler  shall  have  the 
preference  right  to  purchase  the  land  whereon  he  may  have 
settled,  not  exceeding  160  acres  at  a sum  not  less  than  the 
appraised  value  thereof,  and  in  making  such  appraisement  the 
value  of  improvements  shall  not  be  taken  into  considerntion. 
If,  at  any  time  hereafter,  the  United  States  shall  grant  any  arid 
lands  in  the  State  to  the  State,  on  the  condition  that  the  Slate 
reclaim  and  dispose  of  them  to  actual  settlers,  the  Legislature 
shall  be  authorized  to  accept  such  arid  lands  on  such  condi- 
tions, or  other  conditions,  if  the  same  are  practicable  and 
reasonable. 

Sec.  2.  The  proceeds  from  the  sale  and  rental  of  all  lands 
and  other  property  donated,  granted  or  received,  or  that  may 
hereafter  be  donated,  granted  or  received,  from  the  United  States 
or  any  other  source,  shall  be  inviolably  appropriated  and  apiflied 
to  the  specific  purposes  specified  in  the  original  grant  or  gift. 

Sec.  3.  The  Governor,  Superintendent  of  Public  Instruction 
and  Secretary  of  State,  shall  constitute  a board  of  land  com- 
missioners who,  under  such  regulations  as  may  be  provided  by 


804 


CONSTITUTION  OF  WYOMING. 


law,  shall  have  the  direction,  control,  disposition  and  care  of 
all  lands  that  have  been  heretofore  or  may  hereafter  be  granted 
to  the  State.  ^ 

Sec.  4.  The  Legislature  shall  enact  the  necessary  laws  for 
the  sale,  disposal,  leasing  or  care  of  all  lands  that  have  been 
or  may  hereafter  be  granted  to  the  State,  and  shall,  at  Ihe 
earliest  practicable  period,  provide  by  law  for  the  location  and 
selection  of  all  lands  that  have  been  or  may  hereafter  be  granted 
by  Congress  to  the  State,  and  shall  pass  laws  for  the  suitable 
keeping,  transfer  and  disbursement  of  the  land  grant  funds,  and 
shall  require  of  all  officers  charged  with  the  safe-keeping  thereof 
to  give  ample  bonds  for  all  moneys  and  funds  received  by  them. 

Sec.  5.  Except  a preference  right  to  buy  as  in  this  Constitu- 
tion otherwise  provided,  no  law  shall  ever  be  passed  by  the  Leg- 
islature granting  any  privileges  to  persons  who  may  have  settled 
upon  any  of  the  school  lands  granted  to  the  State  subsequent  to 
the  survey  thereof  by  the  general  government,  by  which  the 
amount  to  be  derived  by  the  sale,  or  other  disposition  of  such 
lands,  shall  be  diminished  directly  or  indirectly. 

Bee.  6.  If  any  portion  of  the  interest  or  income  of  the  per- 
petual school  fund  be  not  expended  during  the  year,  said  por- 
tion shall  be  added  to  and  become  a part  of  the  said  school 
’und. 

ARTICLE  XIX. 

Miscellaneous  Live-Stoclc. 

» 

Section  1.  The  Legislature  shall  pass  all  necessary  laws  to 
provide  for  the  protection  of  live  stock  against  the  introduc- 
tion or  spread  of  pleuro-pneumonia,  glanders,  splenetic  or  Texas 
fever,  or  other  infectious  or  contagious  diseases.  The  Legisla- 
ture shall  also  establish  a system  of  quarantine,  or  inspection, 
and  such  other  regulations  as  may  be  necessary  for  the  protection 
of  stock  owners,  and  most  conducive  to  the  stock  interests  vvithin 
the  State. 

Concerning  Labor. 

Section  1.  Eight  (8)  hours  actual  work  shall  constitute  a law- 
ful day’s  work  in  all  mines,  and  on  all  State  and  municipal 
works.  ' 

T^ahor  on  Public  WorJes. 

Section  1.  No  person  not  a citizen  of  the  United  States  or  who 
has  not  declared  his  intention  to  become  such,  shall  be  employed 


CONSTITUTION  OF  WYOMING. 


805 


upon  or  in  connection  with  any  State,  county  or  municipai  works 
or  employment. 

Sec.  2.  The  Legislature  shall,  by  appropriate  legislation,  see 
that  the  provisions  of  the  foregoing  section  are  enforced. 

Boards  of  Arhitration. 

Section  1.  The  Legislature  shall  establish  courts  of  arbitra- 
tion, whose  duty  it  shall  be  to  hear,  and  determine  all  differences, 
and  controversies  between  organizations  or  associations  of 
laborers,  and  their  employers,  which  shall  be  submitted  to  them 
in  such  manner  as  the  Legislature  may  provide. 

Police  Powers. 

Section  1.  No  armed  police  force,  or  detective  agency,  or 
armed  body,  or  unarmed  body  of  men,  shall  ever  be  brought  into 
this  State,  for  the  suppression  of  domestic  violence,  except  upon 
the  application  of  the  Legislature,  or  executive,  whim  the  Leg- 
islature cannot  be  convened. 

Labor  Contracts. 

Section  1.  It  shall  be  unlawful  for  any  person,  company,  or  cor- 
poration, to  require  from  its  servants  or  employes  as  a condition 
of  their  employment,  or  otherwise,  any  contract  or  agreement, 
whereby  such  person,  company  or  corporation  shall  lie  released 
or  discharged  from  liability  or  responsibility,  on  account  of  per- 
sonal injuries  received  by  such  servants  or  employes,  while  in 
the  service  of  such  person,  company  or  corporation,  by  reason 
of  the  negligence  of  such  person,  company  or  corporation,  or 
the  agents  or  employes  thereof,  and  such  contracts  shall  be 
absolutely  null  and  void. 

Arbitration. 

Section  1.  The  Legislature  may  provide  by  law  for  the  volun- 
tary submission  of  differences  to  arbitrators  for  determination^ 
and  said  arbitrators  shall  have  such  powers  and  duties  as  may 
be  prescribed  by  law,  but  they  shall  have  no  power  to  render 
judgment  to  be  obligatory  on  parties,  unless  they  voluntarily 
submit  their  matters  of  difference  and  agree  to  abide  by  the 
judgment  of  such  arbitrators. 

• Homesteads. 

Section  1.  A homestead  as  provided  by  law  shall  be  exempt 
from  forced  sale  under  any  process  of  law,  and  shall  not  be 


806 


CONSTITUTION  OF  WYOMINO. 


alienated  without  the  joint  consent  of  husband  and  wife,  when 
that  relation  exists;  but  no  property  shall  be  exempt  from  sale 
for  taxes,  or  for  the  payment  of  obligations  contracted  for  the 
purchase  of  said  premises,  or  for  the  erection  of  improvements 
thereon. 

AKTIGLE  XX. 

Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  Consti- 
tution may  be  proposed  in  either  branch  of  the  Legislature,  and, 
if  the  same  shall  be  agreed  to  by  two-thirds  of  all  the  members 
of  each  of  the  two  houses,  voting  separately,  such  proposed 
amendment  or  amendments  shall,  with  tlie  yeas  and  nays 
thereon,  be  entered  on  their  journals,  and  it  shall  be  the  duty  of 
the  Legislature  to  submit  such  amendment  or  amendments  to 
the  electors  of  the  State  at  the  next  general  election,  and  cause 
the  same  to  be  published  Avithout  delay  for  at  least  twelve  (12) 
consecutive  weeks,  prior  to  said  election,  in  at  least  one  news- 
paper of  general  circulation,  published  in  each  county,  and  if 
a majority  of  the  electors  shall  ratify  the  same,  such  amend- 
ment or  amendments  shall  become  a part  of  this  Constitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they  shall 
be  submitted  in  such  manner  that  the  electors  shall  vote  for  or 
against  each  of  them  separately. 

Sec.  3.  Whenever  tAvo-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  deem  it  necessary  to  call  a con- 
vention to  revise  or  amend  this  Constitution,  they  shall  recom- 
mend to  the  electors  to  vote  at  the  next  general  election  for  or 
against  a convention,  and  if  a majority  of  all  xhe  electors  A'oting 
at  such  election  shall  have  voted  for  a con\^ention,  the  Legisla- 
ture shall  at  the  next  session  provide  by  law  for  calling  the  same; 
and  such  convention  shall  consist  of  a number  of  members,  not 
less  than  double  that  of  the  most  numerous  branch  of  the 
Legislature. 

Sec.  4.  Any  Constitution  adopted  by  such  convention  shall 
haA'e  no  validity  until  it  has  been  submitted  to  and  adopted  by 
the  people. 

ARTICLE  XXL 

Schedule. 

Section  1.  That  no  inconvenience  may  arise  from  a change 
of  the  territorial  government  to  a permanent  State  government, 


CONSTITUTION  OF  WYOMING. 


807 


it  is  declared  that  all  writs,  actions,  prosecutions,  claims,  liabili- 
ties and  obligations  against  the  Territory  of  Wyoming,  of  what- 
ever nature,  and  rights  of  individuals,  and  of  bodies  corporate, 
shall  continue  as  if  no  change  had  taken  place  in  this  govern- 
ment, and  all  process  which  may,  before  the  organization  of  the 
judicial  department  under  this  Constitution,  be  issued  under 
the  authority  of  the  Territory  of  Wyoming,  shall  be  as  valid  as 
if  issued  in  the  name  of  the  State. 

Sec.  2.  All  property,  real  and  personal,  and  all  moneys, 
credits,  claims  and  choses  in  action,  belonging  to  the  Territory 
of  Wyoming,  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  vested  in  and  become  the  property  of  the  State  of 
Wyoming. 

Sec.  3.  All  laws  now  in  force  in  the  Territory  of  Wyoming, 
which  are  not  repugnant  to  this  Constitution,  shall  remain  in 
force  until  they  expire  by  their  own  limitation,  or  be  altered  or 
repealed  by  the  Legislature. 

Sec.  4.  All  fines,  penalties,  forfeitures  and  escheats,  accru- 
ing to  the  Territory  of  Wyoming,  shall  accrue  to  the  use  of 
the  State. 

Sec.  5.  All  recognizances,  bonds,  obligations  or  other  under- 
takings heretofore  taken,  or  which  may  be  taken  before  the 
organization  of  the  judicial  department  under  this  Constitu- 
tion shall  remain  valid,  and  shall  pass  over  to  and  may  be  prose- 
cuted in  the  name  of  the  State,  and  all  bonds,  obligations  or 
other  undertakings  executed  to  this  territory,  or  to  any  officer 
in  his  official  capacity,  shall  pass  over  to  the  proper  State 
authority  and  to  their  successors  in  office,  for  the  uses  therein 
respectively  expressed,  and  may  be  sued  for  and  recovered 
accordingly.  All  criminal  prosecutions  and  penal  actions  which 
have  arisen  or  which  may  arise  before  the  organization  of  the 
judicial  department  under  this  Constitution,  and  which  shall 
then  be  pending,  may  be  prosecuted  to  judgment  and  execution 
in  the  name  of  the  State. 

Sec.  6.  All  officers,  civil  and  military,  holding  their  offices 
and  appointments  in  this  territory,  under  the  authority  of  the 
United  States  or  under  the  authority  of  this  territory,  shall 
continue  to  hold  and  exercise  their  respective  offices  and  appoint- 
ments until  suspended  under  this  Constitution. 

Sec.  7.  This  Constitution  shall  be  submitted  for  adoption 
or  rejection  to  a vote  of  the  qualified  electors  of  this  territory 


808 


CONSTITUTION  OF  WYOMING. 


at  an  election  to  be  held  on  the  first  Tuesday  in  November,  A.  D., 
1889.  Said  election,  as  nearly  as  may  be,  shall  be  conducted 
in  all  respects  in  the  same  manner  as  provided  by  the  laws  of 
the  territory  for  general  elections,  and  the  returns  thereof  shall 
be  made  to  the  secretary  of  said  territory,  who  with  the  Gov- 
ernor and  chief  justice  thereof,  or  any  two  of  them,  shall  can- 
vass the  same,  and  if  a majority  of  the  legal  votes  cast  shall 
be  for  the  Constitution  the  Governor  shall  certify  the  result  to 
the  President  of  the  United  States,  together  with  a statement 
of  the  votes  cast  thereon  and  a copy  of  said  Constitution,  articles, 
propositions  and  ordinances.  At  the  said  election  the  ballots 
shall  be  in  the  following  form:  “For  the  Constitution  — Yes. 
No.’^  And  as  a heading  to  each  of  said  ballots,  shall  be  printed 
on  each  ballot  the  following  instructions  to  voters:  “All  per- 

sons who  desire  to  vote  for  the  Constitution  may  erase  the  word 
^No.’  All  persons  who  desire  to  vote  against  the  Constitution 
may  erase  the  word  ^Yes.^”  Any  person  may  have  printed  or 
written  on  his  ballot  only  the  words:  “For  the  Constitution,’’ 

or  “ Against  the  Constitution,”  and  such  ballots  shall  be  counted 
for  or  against  the  Constitution  accordingly. 

Sec.  8.  This  Constitution  shall  take  effect  and  be  in  full 
force  immediately  upon  the  admission  of  the  territory  as  a State. 

Sec.  9.  Immediately  upon  the  admission  of  the  territory  as 
a State,  the  Governor  of  the  territory,  or  in  case  of  his  absence 
or  failure  to  act,  the  secretary  of  the  territory,  or  in  case  of  his 
absence  or  failure  to  act,  the  president  of  this  convention  shall 
issue  a proclamation,  which  shall  be  published  and  a copy  thereof 
mailed  to  the  chairman  of  the  board  of  county  commissioners 
of  each  county,  calling  an  election  by  the  people  for  all  State, 
district  or  other  officers,  created  and  made  elective  by  this  Con- 
stitution, and  fixing  a day  for  such  election,  which  shall  not  be 
less  than  forty  days  after  the  date  of  such  proclamation  nor 
more  than  ninety  days  after  the  admission  of  the  territory  as 
a State. 

Sec.  10.  The  board  of  commissioners  of  the  several  counties 
shall  thereupon  order  such  election  for  said  day,  and  shall  cause 
notice  thereof  to  be  given,  in  the  manner  and  for  the  length  of 
time  provided  by  the  laws  of  the  territory  in  cases  of  general 
elections  for  Delegate  to  Congress,  and  county  and  other  officers. 
Every  qualified  elector  of  the  territory  at  the  date  of  said  elec- 
tion shall  be  entitled  to  vote  thereat.  Said  election  shall  be 


CONSTITUTION  OF  WYOMING. 


809 


conducted  in  all  respects  in  the  same  manner  as  provided  by 
the  laws  of  the  territory  for  general  elections,  and  the  returns 
thereof  shall  be  made  to  the  canvassing  board  hereinafter  pro- 
vided for. 

Sec.  11.  The  Governor,  Secretary  of  the  Territory  and  presi- 
dent of  this  convention,  or  a majority  of  them,  shall  constitute 
a board  of  canvassers  to  canvass  the  vote  of  such  election  for 
member  of  Congress,  all  State  and  district  officers  and  members 
of  the  Legislature.  The  said  board  shall  assemble  at  the  seat 
of  government  of  the  territory  on  the  thirtieth  day  after  the 
day  of  such  election  (or  on  the  following  day  if  such  day  fall  on 
Sunday)  and  proceed  to  canvass  the  votes  for  all  State  and  dis- 
trict officers  and  members  of  the  Legislature,  in  the  manner  pro- 
vided by  the  laws  of  the  territory  for  canvassing  the  vote  for 
Delegate  to  Congress,  and  they  shall  issue  certificates  of  elec- 
tion to  the  persons  found  to  be  elected  to  said  offices,  severally, 
and  shall  make  and  file  with  the  Secretary  of  the  Territory  an 
abstract  certified  by  them  of  the  number  of  votes  cast  for  each 
person,  for  each  of  said  offices,  and  of  the  total  number  of  votes 
cast  in  each  county. 

Sec.  12.  All  officers  elected  at  such  election,  except  mem- 
bers of  the  Legislature  shall,  wfithin  thirty  days  after  they  have 
been  declared  elected,  take  the  oath  required  by  this  Constitu- 
tion, and  give  the  same  bond  required  by  the  law  of  the  terri- 
tory or  district,  and  shall  thereupon  enter  upon  the  duties  of 
their  respective  offices;  but  the  Legislature  may  require  by  law 
all  such  officers  to  give  other  and  further  bonds  as  a condition 
of  their  continuance  in  office. 

Sec.  13.  The  Governor-elect  of  the  State,  immediately  upon 
his  qualifying  and  entering  upon  the  duties  of  his  office,  shall 
issue  his  proclamation  convening  the  Legislature  of  the  State  at 
the  seat  of  government,  on  a day  to  be  named  in  said  proclama- 
tion, and  which  shall  not  be  less  than  thirty  nor  more  than  sixty 
days  after  the  date  of  such  proclamation.  Within  ten  days  after 
the  organization  of  the  Legislature,  both  houses  of  the  Legis- 
lature, in  joint  session,  shall  then  and  there  proceed  to  elect, 
as  provided  by  law,  two  Senators  of  the  United  States  for  the 
State  of  Wyoming.  At  said  election  the  two  persons  who  shall 
receive  the  majority  of  all  the  votes  cast  by  said  Senators  and 
Kepresentatives  shall  be  elected  as  such  United  States  Senators, 
and  shall  be  so  declared  by  the  presiding  officers  of  said  joint 


810 


CONSTITUTION  OF  WYOMINO. 


session.  The  presiding  officers  of  the  Senate  and  House  shall 
issue  a certificate  to  each  of  said  Senators  certifying  his  elec- 
tion, which  certificate  shall  also  he  signed  by  the  Governor  and 
attested  by  the  Secretary  of  State. 

Sec.  14.  The  Legislature  shall  pass  all  necessary  laws  to 
carry  into  effect  the  provisions  of  this  Constitution. 

Sec.  15.  Whenever  any  two  of  the  judges  of  the  Supreme 
Court  of  the  State,  elected  under  the  provisions  of  this  Consti- 
tution, shall  have  qualified  in  their  offices,  the  causes  then  pend- 
ing in  the  Supreme  Court  of  the  Territory,  and  the  papers, 
records  and  proceedings  of  said  court,  and  the  seal  and  other 
property  pertaining  thereto,  shall  pass  into  the  jurisdiction  and 
possession  of  the  Supreme  Court  of  the  State;  and  until  so  super- 
ceded  the  Supreme  Court  of  the  Territory  and  the  judges  thereof 
shall  continue  with  like  powers  and  jurisdiction,  as  if  this  Con- 
stitution had  not  been  adopted.  Whenever  the  judge  of  the  Dis- 
trict Court  of  any  district,  elected  under  the  provisions  of  this 
Constitution,  shall  have  qualified  in  office,  the  several  causes 
then  pending  in  the  District  Court  of  the  Territory,  within  any 
county  in  such  district,  and  the  records,  papers  and  proceed- 
ings of  said  District  Court  and  the  seal  and  other  property  per- 
taining thereto,  shall  pass  into  the  jurisdiction  and  possession 
of  the  District  Court  of  the  State  for  such  county;  and  until  the 
District  Courts  of  this  Territory  shall  be  superseded  in  the  man- 
ner aforesaid  the  said  District  Courts  and  the  judges  thereof 
shall  continue  with  the  same  jurisdiction  and  power  to  be  exer- 
cised in  the  same  judicial  districts  respectively  as  heretofore 
constituted  under  the  laws  of  the  territory. 

Sec.  16.  Until  otherwise  provided  by  law  the  seals  nov>^  in 
use  in  the  Supreme  and  District  Courts  of  this  Territory  are 
hereby  declared  to  be  the  seals  of  the  Supreme  and  District 
Courts  respectively,  of  the  State. 

•Sec.  17.  Whenever  this  Constitution  shall  go  into  effect, 
records  and  papers  and  proceedings  of  the  Probate  Court  in 
each  county,  and  all  causes  and  matters  of  administration  and 
other  matters  pending  therein,  shall  pass  into  the  jurisdiction 
and  possession  of  the  District  Court  of  the  same  county,  and  the 
said  District  Court  shall  proceed  to  final  decree  or  judgment 
order  or  other  determination  in  the  said  several  matters  and 
causes,  as  the  said  Probate  Court  might  have  doue  if  !his  Con- 
stitution had  not  been  adopted. 


CONSTITUTION  OF  WYOMING. 


811 


Sec.  18.  Senators  and  members  of  the  House  of  Representa- 
tives shall  be  chosen  by  the  qualified  electors  of  the  several 
senatorial  and  representative  districts  as  established  in  this 
Constitution,  until  such  districts  shall  be  changed  by  law,  and 
thereafter  by  the  qualified  electors  of  the  several  districts  as 
the  same  shall  be  established  by  law. 

Sec.  19.  All  county  and  precinct  officers  who  may  be  in 
office  at  the  time  of  the  adoption  of  this  Constitution,  shall  hold 
their  respective  offices  for  the  full  time  for  which  they  may  liave 
been  elected,  and  until  such  time  as  their  successors  may  be 
elected  and  qualified,  as  may  be  provided  by  law,  and  the  official 
bonds  of  all  such  officers  shall  continue  in  full  b)rce  and  elfect 
as  though  this  Constitution  had  not  been  adopted. 

Sec.  20.  Members  of  the  Legislature  and  aU  State  officers, 
district  and  supreme  judges  elected  at  the  first  election  held 
under  this  Constitution  shall  hold  their  respective  offices  for  the 
full  term  next  ensuing  such  election,  in  addition  to  the  period 
intervening  between  the  date  of  their  qualificatioji  and  the  com- 
mencement of  such  full  term. 

Sec.  21.  If  the  first  session  of  the  Legislature  under  this 
Constitution  shall  be  concluded  within  twelve  months  of  the 
time  designated  for  a regular  session  thereof,  then  the  next 
regular  session  following  said  special  session  shall  be  omitted. 

Sec.  22.  The  first  regular  election  that  would  otherwise 
occur  following  the  first  session  of  the  Legislature,  shall  be 
omitted,  and  all  county  and  precinct  officers  elected  at  the  first 
election  held  under  this  Constitution  shall  hold  their  oifice  for 
the  full  term  thereof,  commencing  at  the  expiration  of  the 
term  of  the  county  and  precinct  officers  then  in  office,  or  the 
date  of  their  qualification. 

Sec.  23.  This  convention  does  hereby  declare  on  behalf  of 
the  people  of  the  Territory  of  W'yoming,  thau  this  Constitution 
has  been  prepared  and  submitted  to  the  people  of  the  territory 
of  Wyoming  for  their  adoption  or  rejection,  with  no  purpose  of 
setting  up  or  organizing  a State  government  until  such  time  as 
the  Congress  of  the  United  States  shall  enact  a law  for  the  admis- 
sion of  the  Territory  of  Wyoming  as  a State  under  its 
provisions. 

ORDINANCES. 

The  following  article  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  this  State: 


812 


CONSTITUTION  OF  WYOMING. 


Section  1.  The  State  of  Wyoming  is  an  inseparable  part 
of  the  Federal  Union  and  the  Constitution  of  tiie  United  States 
is  the  supreme  law  of  the  land. 

Sec.  2.  Perfect  toleration  of  religious  sentiment  shall  be 
secured,  and  no  inhabitant  of  this  State  shall  ever  be  molested 
in  person  or  property  on  account  of  his  or  her  mode  of  religious 
worship. 

Sec.  3.  The  people  inhabiting  this  State  do  agree  and 
declare  that  they  forever  disclaim  all  right  and  title  To  the 
unappropriated  public  lands  lying  within  the  boundaries  tliereof, 
and  to  all  lands  lying  within  said  limits  owned  o>’  held  by  any 
Indian  or  Indian  tribes,  and  that  until  the  title  thereto  shall 
have  been  extinguished  by  the  United  States,  the  same  shall  be 
and  remain  subject  to  the  disposition  of  the  United  States  and 
that  said  Indian  lands  shall  remain  under  the  absolute  jurisdic- 
tion and  control  of  the  Congress  of  the  United  States;  that 
the  lands  belonging  to  the  citizens  of  the  United  States  residing 
without  this  State  shall  never  be  taxed  at  a liigher  rate  than 
the  lands  belonging  to  the  residents  of  this  State;  that  no  taxes 
shall  be  imposed  by  this  State  on  lands  or  property  therein, 
belonging  to,  or  which  may  hereafter  be  purchased  by  the  United 
States,  or  reserved  for  its  use.  But  nothing  in  this  article  shall 
preclude  this  State  from  taxing  as  other  lands  are  taxed,  any 
lands  owned  or  held  by  any  Indian  who  has  severed  his  tribal 
relations,  and  has  obtained  from  the  United  States  or  from  any 
person,  a title  thereto,  by  patent  or  other  grant,  save  and  except 
such  lands  as  have  been  or  may  be  granted  to  any  InJian  or 
Indians  under  any  acts  of  Congress  containing  a provision 
exempting  the  lands  thus  granted  from  taxation,  which  last 
mentioned  lands  shall  be  exempt  from  taxation  so  long,  and  to 
such  an  extent,  as  is,  or  may  be  provided  in  the  act  of  Congress 
granting  the  same. 

Sec.  4.  All  debts  and  liabilities  of  the  Territory  of  Wyom- 
ing shall  be  assumed  and  paid  by  this  State. 

■Sec.  5.  The  Legislature  shall  make  laws  for  the  establish- 
ment and  maintenance  of  systems  of  public  schools  which  shall 
be  o])eii  to  all  the  children  of  the  State  and  free  from  sectarian  control. 

Done  in  open  convention,  at  the  City  of  Cheyenne,  in  the 
Territory  of  Wyoming,  this  30th  day  of  September  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  eighty-nine. 

Attest:  JOHN  K.  .TEFFREY, 

Secretary. 


AN  ACT  GOVERNING 


THE 

DISTRICT  OF  COLUMBIA. 


AN  ACT  GOVERNING  THE  DISTRICT  OF  COLUMBIA 


ARTICLE  I. 

Section 

1.  Limits  of  the  District  of  Co- 

lumbia. 

2.  How  governed. 

3.  A municipal  corporation. — Com- 

missioners’ officers  of  District. 

4.  Laws  continued  in  force. 

ARTICLE  II. 

1.  Two  citizens  and  officers  of  en- 

gineers appointed  and  de- 
tailed. 

2.  Enter  on  duty  July  1,  1878. 

3.  Officers  detailed  to  perform  no 

other  duty. — Salary  of. 

4.  Qualifications  of  persons  ap- 

pointed. 

5.  Commissioners  shall  elect  a 

president. 

6.  Shall  take  an  oath  of  office. 

7.  Compensation  of  civil  commis- 

sioners.— Give  bonds. 

8.  Term  of  office  of  civil  commis- 

sioners. 

9.  Commissioners  and  officers  dis- 

qualified as  bail. 

10.  Contractors  disqualified  as  bail. 
ARTICLE  III. 

1.  Commissioners  successors  of  old 

board,  whose  functions  cease 

July  1. 

2.  Powers  and  duties  of  commis- 

sioners. 

3.  Limitation  of  powers  to  con- 

tract. I i I 

4.  Power  over  hack  stands. 

5.  Penalty  for  violating  orders  in 

reference  to  hacks. 

6.  Lawful  taxes  to  be  collected. 

7.  Taxes  shall  not  be  anticipated. 

8.  May  borrow  $200,000. 

9.  Power  over  officers  and  em- 

ployes. 

10.  Power  to  maintain  lamps  out  of 


Section 

city  limits. — All  rights  under 
pending  suits  saved. 

12.  Shall  submit  estimates  to  Sec- 

retary of  the  Treasury. 

13.  Shall  submit  estimates  for 

bridges,  charities,  etc. 

14.  The  United  States  retains  its 

present  control  of  public 
works. 

15.  Secretary  of  the  Treasury  to  re- 

vise estimates.  — Commission- 
ers to  report  estimates  to 
Congress. 

16.  Congress  to  appropriate  one- 

half. 

17.  One-half  paid  by  taxation. 

18.  How  taxes  are  assessed  and  col- 

lected. 

19.  Rate  of  tax  on  property  In 

cities. 

20.  Rate  of  "fax  on  agricultural 

property  in  country. 

21.  Collector  to  publish  notice  of 

payment  of  taxes. 

22.  Deduction  of  tax,  when  made. 

23.  Penalties  under  act  of  March  3, 

1877,  suspended. 

ARTICLE  IV. 

1.  May  prescribe  duties  of  asses- 

sors and  times  of  payment  of 
taxes. 

2.  Taxes  where  paid,  and  how  dis- 

bursed. 

3.  All  accounts  settled  by  Treasury 

department. 

4.  Secretary  of  the  Treasury  is  to 

pay  interest  on  the  365  bonds 
and  credit  amount  to  United 
States.  ■ I 

ARTICLE  V. 

1.  Costs  for  public  works,  repairs, 

etc.,  how  advertised. 

2.  Awarded  to  the  lowest  bidder. 


816  ACT  GOVEKNING  DISTKICT  OF  COLUMBIA. 


Section 

3.  Commissioners  may  reject  all 

bids. 

4.  Work  not  to  be  subdivided. 

5.  Contracts  only  made  by  the  con- 

currence of  all  the  commis- 
sioners. 

6.  Contracts  invalid  unless  re- 

corded. 

7.  No  pavement  shall  be  accepted, 

but  of  the  best  material  and 
work. 

8.  Contracts  secured  by  penal 

bonds  approved  by  the  com- 
missioners. 

9.  Contractors  to  keep  work  In  re- 

pair five  years. 

10.  Ten  per  cent  of  the  cost  of  all 

new  works  shall  be  retained 
as  an  additional  security. 

11.  Portion  of  public  works  charge- 

able to  street  railroad  com- 
panies. 

12.  How  tracks  shall  be  paved. 

13.  United  States  pay  half  of  all 

costs  under  article  5,  except 
that  done  by  railroad  com- 
panies. 

14.  Paid  on  warrants  of  commis- 

sioners by  the  Secretary  of 
the  Treasury. 

15.  When  the  District  to  pave 

tracks  of  railroad  companies. 

16.  Commissioners  may  issue  cer- 

tificates of  indebtedness 
against  their  property,  etc. 

17.  If  certificates  are  not  paid  prop- 

erty, to  be  sold. 

18.  Duties  of  railroad  companies 

where  tracks  Intersect. 

19.  Water  and  gas  mains  and  pipes 

to  be  laid  before  streets  are 
Improved. 

20.  Washington  Gas-light  Company 

to  care  for  its  mains,  etc. 

21.  Two  subordinate  engineers  de- 

tailed from  army  by  the 
President. 

ARTICLE  VI. 

1.  Metropolitan  police  board  abol- 
ished.— Board  of  trustees  of 
public  schools  abolished. 


Section 

2.  Commissioners  appoint  trustees 
of  public  schools. 

ARTICLE  VII. 

1.  Sinking  fund  commissioners 
abolished. — Duties  performed 
by  the  United  States  Trea- 
surer. 

ARTICLE  VIII. 

1.  Board  of  health  exceeded  by 
health  officers  under  control 
of  commissioners. 

ARTICLE  IX. 

1.  Commissioners  appoint  sanitary 

inspector  of  District. — Number 
and  qualification. 

2.  Inspector’s  report,  how  and 

when. 

3.  Health  officers  report  to  com- 

missioners. 

ARTICLE  X. 

1.  The  commissioners  may  appoint, 
on  recommendation  of  health 
officer  a reasonable  number  of 
clerks. 

ARTICLE  XI. 

1.  Salary  of  health  officer. 

2.  Sanitary  inspector’s  compensa- 

tion. 

3.  Salaries  of  the  clerks. 

ARTICLE  XII. 

1.  Commissioners  report  to  Con- 

gress.— Drafts  of  law. 

2.  To  report  annually  their  acts  In 

detail. 

ARTICLE  XIII. 

1.  The  present  debt  of  the  Dis- 

trict not  to  be  increased. 

2.  Penalty  for  increasing  debt  of 

the  District. 

ARTICLE  XIV. 

1.  The  act  of  June  17,  1870,  con- 

strued.— Revised  statutes  of 
District  of  Columbia. 

2.  Taxes  remitted  on  school  prop- 

erty. 

3.  Above  act  limited. 

ARTICLE  XV. 

1.  Repealing  clause. 


ACT  GOVERNING  DISTRICT  OF  COLUMBIA.  817 


SECTION  I. 

1.  Be  it  enacted  by  the  Senate  and  House  of  Representati^es- 
of  the  United  States  of  America  in  Congress  assembled,  That 
all  the  territory  which  was  ceded  by  the  State  of  Maryland  to  the 
Congress  of  the  United  States  for  the  permanent  seat  of  the 
government  of  the  United  States  shall  continue  to  be  designated 
as  the  District  of  Columbia. 

2.  Said  District  and  the  property  and  persons  that  may  be 
therein  shall  be  subject  to  the  following  provisions  for  the  govern- 
ment of  the  same,  and  also  to  any  existing  laws  applicable  thereto 
not  hereby  repealed  or  inconsistent  with  the  provisions  of  this 
act. 

3.  The  District  of  Columbia  shall  remain  and  continue  a 
municipal  corporation,  as  provided  in  section  two  of  the  Revised 
Statutes  relating  to  said  District,  and  the  Commissioners  herein 
provided  for  shall  be  deemed  and  taken  as  officers  of  such  cor- 
poration. 

4.  And  all  laws  now  in  force  relating  to  the  District  of  Colum- 
bia not  inconsistent  with  the  provisions  of  this  act  shall  remain 
in  full  force  and  effect. 

SECTION  n. 

1.  That  within  twenty  days  after  the  approval  of  this  act  the 
President  of  the  United  States,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  is  hereby  authorized  to^  appoint  two  persons, 
who,  with  an  officer  of  the  Corps  of  Engineers  of  the  United 
States  army,  whose  lineal  rank  shall  be  above  that  of  captain, 
shall  be  Commissioners  of  the  District  of  Columbia. 

2.  And  who,  from  and  after  July  first,  eighteen  hundred  and 
seventy-eight,  shall  exercise  all  the  powers  and  authority  now 
vested  in  the  Commissioners  of  said  District,  except  as  are  herein- 
after limited  or  proHded,  and  shall  be  subject  to  all  restrictions 
and  limitations  and  duties  which  are  now  imposed  upon  said 
Commissioners. 

3.  The  Commissioner  who  shall  be  an  officer  detailed  from 
time  to  time  from  the  Corps  of  Engineers  by  the  President  for 
this  duty  shall  not  be  required  to  perform  any  other,  nor  shall  he 
receive  any  other  compensation  than  his  regular  pay  and  allow- 
ances as  an  officer  of  the  army. 

4.  The  two  persons  appointed  from  civil  life  shall,  at 
the  time  of  their  appointment,  be  citizens  of  the  United  States, 

52 


818  ACT  GOVERNING^  DISTRICT  OF  COLUMBIA. 


and  shall  have  been  actual  residents  of  the  District  of  Columbia 
for  three  years  next  before  their  appointment,  and  have,  during 
that  period,  claimed  residence  nowhere  else. 

5.  And  one  of  said  three  Commissioners  shall  be  chosen  presi- 
dent of  the  Board  of  Commissioners  at  their  first  meeting,  and 
annually  and  whenever  a vacancy  shall  occur  thereafter. 

6.  And  said  Commissioners  shall  each  of  them,  before  enter- 
ing upon  the  discharge  of  his  duties,  take  an  oath  or  affirma- 
tion to  support  the  Constitution  of  the  United  States  and  to  faith- 
fully discharge  the  duties  imposed  upon  him  by  law. 

7.  And  said  Commissioners  appointed  from  civil  life  shall 
each  receive  for  his  services  a compensation  at  the  rate  of  five 
thousand  dollars  per  annum,  and  shall,  before  entering  upon  the 
duties  of  the  office,  each  give  bond  in  the  sum  of  fifty  thousand 
dollars,  with  surety  as  is  required  by  existing  law. 

8.  The  official  term  of  said  Commissioners  appointed  from 
civil  life  shall  be  three  years,  and  until  their  successors  are 
appointed  and  qualified;  but  the  first  appointment  shall  be  one 
Commissioner  for  one  year  and  one  for  two  years,  and  at  the 
expiration  of  their  respective  terms  their  successors  shall  be 
appointed  for  three  years. 

9.  Neither  of  said  Commissioners  nor  any  officer  whatsoever 
of  the  District  of  Columbia  shall  be  accepted  as  surety  upon  any 
bond  required  to  be  given  to  the  District  of  Columbia. 

10.  Nor  shall  any  contractor  be  accepted  as  surety  for  any 
officer  or  other  contractor  in  said  District. 

SECTION  in. 

1.  That  as  soon  as  the  Commissioners  appointed  and  detailed 
as  aforesaid  shall  have  taken  and  subscribed  the  oath  or  affirma- 
tion hereinbefore  required  all  the  powers,  rights,  duties  and 
privileges  lawfully  exercised  by  and  all  property,  estate  and 
effects  now  vested  by  law  in  the  Commissioners  appointed  under 
the  provisions  of  the  act  of  Congress  approved  June  twentieth, 
eighteen  hundred  and  seventy-four,  shall  be  transferred  to  and 
vested  in  and  imposed  upon  said  Commissioners;  and  the 
functions  of  the  Commissioners  so  appointed  under  the  act  of 
June  twentieth,  eighteen  hundred  and  seventy-four,  shall  cease 
and  determine. 

2.  And  the  Commissioners  of  the  District  of  Columbia  shall 
have  power,  subject  to  the  limitations  and  provisions  herein  con- 


ACT  GOVERNING  DISTRICT  OF  COLUMBIA.  819 


tained,  to  apply^  the  taxes  or  other  revenues  of  said  District  to 
the  payment  of  the  current  expenses  thereof,  to  the  support  of 
the  public  schools,  the  fire  department,  and  the  police,  and  for 
that  purpose  shall  take  possession  and  supervision  of  all  the 
offices,  books,  papers,  records,  moneys,  credits,  securities,  assets, 
and  accounts  belonging  or  appertaining  to  the  business  or  inter- 
ests of  the  government  of  the  District  of  Columbia  and  exercise 
the  duties,  powers  and  authority  aforesaid. 

3.  But  said  Commissioners,  in  the  exercise  of  such  duties, 
powers  and  authority,  shall  make  no  contract,  nor  incur  any 
obligation  other  than  such  contracts  and  obligations  as  are 
hereinafter  provided  for  and  shall  be  approved  by  Congress. 

4.  The  Commissioners  shall  have  power  to  locate  the  places 
where  hacks  shall  stand  and  change  them  as  often  as  the  public 
interests  require. 

5.  Any  person  violating  any  orders  lawfully  made  in  pursu- 
ance of  this  power  shall  be  subject  to  a fine  of  not  less  than  ten 
nor  more  than  one  hundred  dollars,  to  be  recovered  before  any 
justice  of  the  peace  in  an  action  in  the  name  of  the-  Commis- 
sioners. 

6.  All  taxes  heretofore  lawfully  assessed  and  due  or  to  become 
due  shall  be  collected  pursuant  to  law,  except  as  herein  other- 
wise provided. 

7.  But  said  Commissioners  shall  have  no  power  to  antici- 
pate taxes  by  a sale  or  hypothecation  of  any  such  taxes  or 
evidences  thereof. 

8.  But  they  may  borrow  for  the  first  fiscal  year  after  this  act 
takes  effect,  in  anticipation  of  collection  of  revenue,  not  to  exceed 
two  hundred  thousand  dollars,  at  a rate  of  interest  not  exceed- 
ing five  per  centum  per  annum,  which  shall  be  repaid  out  of 
the  revenues  of  that  year. 

9.  And  said  Commissioners  are  hereby  authorized  to  abolish 
any  office,  to  consolidate  two  or  more  offices,  reduce  the  number  of 
employes,  remove  from  office,  and  make  appointments  to  any 
office  under  them  authorized  by  law. 

10.  Said  Commissioners  shall  have  power  to  erect,  light  and 
maintain  lamp-posts,  with  lamps,  outside  of  the  city  limits,  when, 
in  their  judgment,  it  shall  be  deemed  proper  or  necessary. 

Provided,  That  nothing  in  this  act  contained  shall  be  construed 
to  abate  in  any  wise  or  interfere  with  any  suit  pending  in  favor 
of  or  against  the  District  of  Columbia  or  the  Commissioners 


820  ACT  GOVEENING  DISTKICT  OF  COLUMBIA. 


thereof,  or  affect  any  right,  penalty,  forfeiture  or  cause  of  action 
existing  in  favor  of  said  District  Commissioners  or  any  citizen  of 
the  District  of  Columbia,  or  any  other  person,  but  the  same  may 
be  commenced,  proceeded  for,  or  prosecuted  to  final  judgment, 
and  the  corporation  shall  be  bound  thereby  as  if  the  suit  had 
been  originally  commenced  for  or  against  said  corporation. 

12.  The  said  Commissioners  shall  submit  to  the  Secretary  of 
the  Treasury  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  seventy-nine,  and  annually  thereafter,  for  his  exam- 
ination and  approval,  a statement  showing  in  detail  the  work  pro- 
posed to  be  undertaken  by  them  during  the  fiscal  year  next 
ensuing,  and  the  estimated  cost  thereof. 

13.  Also,  the  cost  of  constructing,  repairing  and  maintaining 
all  bridges  authorized  by  law  across  the  Potomac  river  within 
the  District  of  Columbia,  and  also  all  other  streams  in  said  Dis- 
trict; the  cost  of  maintaining  all  public  institutions  of  charity, 
reformatories  and  prisons  belonging  to  or  controlled  wholly  or  in 
part  by  the  District  of  Columbia,  and  which  are  now  by  law 
supported  wholly  or  in  part  by  the  United  States  or  District  of 
Columbia;  and  also  the  expenses  of  the  Washington  aqueduct 
and  its  appurtenances;  an.d  also  an  itemized  statement  and  esti- 
mate of  the  amount  necessary  to  defray  the  expenses  of  the 
government  of  the  District  of  Columbia  for  the  next  fiscal  year. 

14.  Provided,  That  nothing  herein  contained  shall  be  con- 
strued as  transferring  from  the  United  States  authorities  any  of 
the  public  works  within  the  District  of  Columbia  now  in  the  con- 
trol or  supervision  of  said  authorities. 

15.  The  Secretary  of  the  Treasury  shall  carefully  consider  all 
estimates  submitted  to  him  as  above  provided,  and  shall  approve, 
disapprove  or  suggest  such  changes  in  the  same,  or  any  item 
thereof,  as  he  may  think  the  public  interest  demands;  and  after 
he  shall  have  considered  and  passed  upon  such  estimates  sub- 
mitted to  him,  he  shall  cause  to  be  made  a statement  of  the 
amount  approved  by  him  and  the  fund  or  purpose  to  which  each 
item  belongs,  which  statement  shall  be  certified  by  him  and 
delivered,  together  with  the  estimates  as  originally  submitted 
to  the  Commissioners  of  the  District  of  Columbia,  who  shall 
transmit  the  same  to  Congress. 

16.  To  the  extent  to  which  Congress  shall  approve  of  said 
estimates.  Congress  shall  appropriate  the  amount  of  fifty  per 
centum  thereof. 


ACT  GOVERNING  DISTRICT  OF  COLUMBIA.  821 


17.  And  the  remaining  fifty  per  centum  of  such  approved 
estimates  shall  be  levied  and  assessed  upon  the  taxable  property 
and  privileges  in  said  District  other  than  the  property  of  the 
United  States  and  of  the  District  of  Columbia. 

18.  And  all  proceedings  in  the  assessing,  equalizing  and  levy- 
ing of  said  taxes,  the  collection  thereof,  the  listing,  return  and 
penalty  for  taxes  in  arrears,  the  advertising  for  sale  and  the 
sale  of  property  for  delinquent  taxes,  the  redemption  thereof,  the 
proceedings  to  enforce  the  lien  upon  unredeemed  property,  and 
every  other  act  and  thing  now  required  to  be  done  in  the  prem- 
ises shall  be  done  and  performed  at  the  times  and  in  the  manner 
now  provided  by  law,  except  in  so  far  as  is  otherwise  provided 
by  this  act. 

19.  Provided,  That  the  rate  of  taxation  in  any  one  year  shall 
not  exceed  one  dollar  and  fifty  cents  on  every  one  hundred  dol- 
lars of  real  estate  not  exempted  by  law;  and  on  personal  prop- 
erty not  taxable  elsewhere,  one  dollar  and  fifty  cents  on  every 
one  hundred  dollars,  according  to  the  cash  valuation  thereof. 

20.  And  provided  further.  Upon  real  property  held  and  used 
exclusively  for  agricultural  purposes,  without  the  limits  of  the 
cities  of  Washington  and  Georgetown,  and  to  be  so  designated  by 
the  assessors  in  their  annual  returns,  the  rate  for  any  one  year 
shall  not  exceed  one  dollar  on  every  one  hundred  dollars. 

21.  The  collector  of  taxes,  upon  the  receipt  of  the  duplicate 

of  assessment,  shall  give  notice  for  one  week,  in  one  newspaper 
published  in  the  city  of  Washington,  that  he  is  ready  to  receive 
taxes.  . ~ ^ 

22.  And  any  person  who  shall,  within  thirty  days  after  such 
notice  given,  pay  the  taxes  assessed  against  him,  shall  be  allowed 
by  the  collector  a deduction  of  five  per  centum  on  the  amount  of 
his  tax. 

23.  All  penalties  imposed  by  the  act  approved  March  third, 
eighteen  hundred  and  seventy-seven,  chapter  one  hundred  and 
seventeen,  upon  delinquents  for  default  in  the  payment  of  taxes 
levied  under  said  act,  at  the  times  specified  therein,  shall,  upon 
payment  of  the  said  taxes  assessed  against  such  delinquents 
within  three  months  from  the  passage  of  this  act,  with  interest 
at  the  rate  of  six  per  cent  thereon,  be  remitted. 

SECTION  IV. 

1.  That  the  said  Commissioners  may,  by  general  regulations 
consistent  with  the  act  of  Congress  of  March  third,  eighteen 


822  ACT  GOVERNINC  DISTRICT  OF  COLUMBIA. 


hundred  and  seventy-seven,  entitled  “An  act  for  the  support  of 
the  government  of  the  District  of  Columbia  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  seventy-eight,  and 
for  other  purposes,”  or  with  other  existing  laws,  prescribe  the 
time  or  times  for  the  payment  of  aU  taxes  and  the  duties  of 
assessors  and  collectors  in  relation  thereto. 

2.  All  taxes  collected  shall  be  paid  into  the  treasury  of  the 
United  States,  and  the  same,  as  well  as  the  appropriations  to  be 
made  by  Congress  as  aforesaid,  shall  be  disbursed  for  the  expenses 
of  said  District,  on  itemized  vouchers,  which  shall  have  been 
audited  and  approved  by  the  Auditor  of  the  District  of  Columbia, 
certified  by  said  Commissioners,  or  a majority  of  them. 

3.  And  the  accounts  of  said  Commissioners  and  the  tax  col- 
lectors, and  all  other  ofiicers  required  to  account,  shall  be  settled 
and  adjusted  by  the  accounting  officers  of  the  treasury  of  the 
United  States. 

4.  Hereafter  the  Secretary  of  the  Treasury  shall  pay  the  inter- 
est on  the  three-sixty-five  bonds  of  the  District  of  Columbia 
issued  in  pursuance  of  the  act  of  Congress  approved  June  twen- 
tieth, eighteen  hundred  and  seventy-four,  when  the  same  shall 
become  due  and  payable,  and  all  amounts  so  paid  shall  be  cred- 
ited as  a part  of  the  appropriation  for  the  year  by  the  United 
States  toward  the  expenses  of  the  District  of  Columbia,  as  here- 
inbefore provided. 

SECTION  V. 

1.  That  hereafter  when  any  repairs  of  streets,  avenues,  alleys 
or  sewers  within  the  District  of  Columbia  are  to  be  made,  or 
when  new  pavements  are  to  be  substituted  in  place  of  those  worn 
out,  new  ones  laid,  or  new  streets  opened,  sewers  built,  or  any 
works  the  total  cost  of  which  shall  exceed  the  sum  of  one  thou- 
sand dollars,  notice  shall  be  given  in  one  newspaper  in  Wash- 
ington; and  if  the  total  cost  shall  exceed  five  thousand  dollars, 
then  in  one  newspaper  in  each  of  the  cities  of  New  York,  Phila- 
delphia and  Baltimore,  also  for  one  week,  for  proposals,  with  full 
specifications  as  to  materials  for  the  whole  or  any  portion  of  the 
works  proposed  to  be  done. 

2.  And  the  lowest  responsible  proposal  for  the  kind  and  char- 
acter of  pavement  or  other  work  which  the  Commissioners  shall 
determine  upon  shall  in  all  cases  be  accepted. 

3.  Provided,  however,  That  the  Commissioners  shall  have  the 
fight,  in  their  discretion,  to  reject  all  of  such  proposals. 


ACT  GOVERNINa  DISTRICT  OF  COLUMBIA.  823 


4.  Provided,  That  work  capable  of  being  executed  under  a 
single  contract  shall  not  be  subdivided  so  as  to  reduce  the  sum 
of  money  to  be  paid  therefor  to  less  than  one  thousand  dollars. 

5.  All  contracts  for  the  construction,  improvement,  alterations 

or  repairs  of  the  streets,  avenues,  highways,  alleys,  gutters,  sewers 
and  all  work  of  like  nature,  shall  be  made  and  entered  into  only 
by  and  with  the  official  unanimous  consent  of  the  Commissioners 
of  the  District.  • ' 

6.  And  all  contracts  shall  be  copied  in  a book  kept  for  that 
purpose  and  be  signed  by  the  said  Commissioners,  and  no  con- 
tract involving  an  expenditure  of  more  than  one  hundred  dollars 
shall  be  valid  until  recorded  and  signed  as  aforesaid. 

7.  ~No  pavement  shall  be  accepted  nor  any  pavement  laid 
except  that  of  the  best  material  of  its  kind  known  for  that  pur- 
pose, laid  in  the  most  substantial  manner. 

8.  And  good  and  sufficient  bonds  to  the  United  States  in  a 
penal  sum  not  less  than  the  amount  of  the  contract,  with  sureties 
to  be  approved  by  the  Commissioners  of  the  District  of  Columbia, 
shall  be  required  from  all  contractors,  guaranteeing  that  the 
terms  of  their  contracts  shall  be  strictly  and  faithfully  performed 
to  the  satisfaction  of  and  acceptance  by  said  Commissioners. 

9.  And  that  the  contractors  shall  keep  new  pavements  or 
other  new  works  in  repair  for  a term  of  five  years  from  the 
date  of  the  completion  of  their  contracts. 

10.  And  ten  per  centum  of  the  cost  of  all  new  works  shall  be 
retained  as  an  additional  security  and  a guarantee  fund  to 
keep  the  same  in  repair  for  said  term,  which  said  per  centum 
shall  be  invested  in  registered  bonds  of  the  United  States  or  of 
the  District  of  Columbia  and  the  interest  thereon  paid  to  said 
contractors. 

11.  The  cost  of  laying  down  said  pavements,  sewers  and  other 
works  or  of  repairing  the  same  shall  be  paid  for  in  the  follow- 
ing proportions  and  manner,  to  wit:  When  any  street  or  avenue 
through  which  a street  railway  nins  shall  be  paved,  such  railway 
company  shall  bear  all  of  the  expense  for  that  portion  of  the 
work  lying  between  the  exterior  rails  of  the  tracks  of  such  roads, 
and  for  a distance  of  two  feet  from  and  exterior  to  such  track  or 
tracks  on  each  side  thereof,  and  of  keeping  the  same  in  repair. 

12.  But  the  said  railway  companies  having  conformed  to  the 
grades  established  by  the  Commissioners  may  use  such  cobble 


824  ACT  GOVE-RNINC  DISTRICT  OF  COLUMBIA. 


stone  or  Belgian  blocks  for  paving  their  tracks  or  the  space 
between  their  tracks  as  the  Commissioners  may  direct. 

13.  The  United  States  shall  pay  one-half  of  the  cost  of  all 
work  done  under  the  provisions  of  this  section,  except  that  done 
by  the  railway  companies,  which  payment  shall  be  credited  as 
part  of  the  fifty  per  centum  which  the  United  States  contributes 
toward  the  expenses  of  the  District  of  Columbia  for  that  year. 

14.  And  all  payments  shall  be  made  by  the  Secretary  of  the 
Treasury  on  the  warrant  or  order  of  the  Commissioners  of  the 
District  of  Columbia,  or  a majority  thereof,  in  such  amounts  and 
it  such  times  as  they  may  deem  safe  and  proper  in  view  of  the 
progress  of  the  work. 

15.  That  if  any  street  railway  company  shall  neglect  or  refuse 
to  perform  the  work  required  by  this  act,  said  pavement  shall  be 
laid  between  the  tracks  and  exterior  thereto  of  such  railway  by 
the  District  of  Columbia. 

10.  And  if  such  company  shall  fail  or  refuse  to  pay  the  sum 
due  from  them  in  respect  of  the  work  done  by  or  under  the 
orders  of  the  proper  officials  of  said  District,  in  such  case  of  the 
neglect  or  refusal  of  such  railway  company  to  perform  the  work 
required  as  aforesaid  the  Commissioners  of  the  District  of 
Columbia  shall  issue  certificates  of  indebtedness  against  the 
property,  real  or  personal,  of  such  railway  company,  which  certifi- 
cates shall  bear  interest  at  the  rate  of  ten  per  centum  per  annum 
until  paid,  and  which,  until  they  are  paid,  shall  remain  and  be  a 
lien  upon  the  property  on  or  against  which  they  are  issued, 
together  with  the  franchise  of  said  company. 

17.  And  if  the  said  certificates  are  not  paid  within  one  year 
the  said  Commissioners  of  the  District  of  Columbia  may  proceed 
to  sell  the  property  against  which  they  are  issued,  or  so  much 
thereof  as  may  be  necessary  to  pay  the  amount  due,  such  sale 
to  be  first  duly  advertised  daily  for  one  week  in  some  newspaper 
published  in  the  city  of  Washington,  and  to  be  at  public  auction 
to  the  highest  bidder. 

18.  When  street  railwaysi  cross  any  street  or  avenue  the 
pavement  between  the  tracks  of  such  railway  shall  conform  to 
the  pavement  used  upon  such  street  or  avenue,  and  the  companies 
owning  these  intersecting  railroads  shall  pay  for  such  pave- 
ments in  the  same  manner  and  proportion  as  required  of  other 
railway  companies  under  the  provisions  of  this  section. 


ACT  GOVERNING  DISTRICT  OF  COLUMBIA.  825 


19.  It  shaU  be  the  duty  of  the  Commissioners  of  the  District 
of  Columbia  to  see  that  all  water  and  gas  mains,  service  pipes 
and  sewer  connections  are  laid  upon  any  street  or  avenue  pro- 
posed to  be  paved  or  otherwise  improved  before  any  such  pave- 
ment or  other  permanent  works  are  put  down. 

20.  And  the  Washington  Gas-Light  Company,  under  the  direc- 
tion of  said  Commissioners,  shall  at  its  own  expense  take  up,  lay, 
and  replace  aU  gas  mains  on  any  street  or  avenue  to  be  paved, 
at  such  time  and  place  as  said  Commissioners  shall  direct. 

21.  The  President  of  the  United  States  may  detail  from  the 
Engineer  Corps  of  the  army  not  more  than  two  officers,  of  rank 
subordinate  to  that  of  the  engineer  officer  belonging  to  the 
Board  of  Commissioners  of  said  District,  to  act  as  assistants  to 
said  Engineer  Commissioner  in  the  discharge  of  the  special 
duties  imposed  upon  him  by  the  provisions  of  this  act. 

SECTION  VI. 

1.  That  from  and  after  the  first  day  of  July,  eighteen  hundred 
and  seventy-eight,  the  Board  of  Metropolitan  Police  and  the 
Board  of  School  Trustees  shall  be  abolished,  and  all  the  powers 
and  duties  now  exercised  by  them  shall  be  transferred  to  the 
said  Commissioners  of  the  District  of  Columbia,  who  shall  have 
authority  to  employ  such  officers  and  agents  and  to  adopt  such 
provisions  as  may  be  necessary  to  carry  into  execution  the 
powers  and  duties  devolved  upon  them  by  this  act. 

2.  And  the  Commissioners  of  the  District  of  Columbia  shall 
from  time  to  time  appoint  nineteen  persons,  actual  residents  of 
said  District  of  Columbia,  to  constitute  the  trustees!  of  public 
schools  of  said  District,  who  shall  serve  without  compensation 
and  for  such  term  as  said  Commissioners  shall  fix.  Said  trustees 
shall  have  the  powers  and  perform  the  duties  in  relation  to  the 
care  and  management  of  the  public  schools  which  are  now 
authorized  by  law. 

SECTION  vn. 

That  the  offices  of  sinking  fund  commissioners  are  hereby 
abolished;  and  all  duties  and  powers  possessed  by  said  com- 
missioners are  transferred  to,  and  shall  be  exercised  by,  the 
Treasurer  of  the  United  States,  who  shall  perform  the  same  in 
accordance  with  the  provisions  of  existing  laws. 

53 


826  ACT  GOVERNING  DISTRICT  OF  COLUMBIA. 


SECTION  vin. 

That  in  lieu  of  the  Board  of  Health,  now  authorized  by  law, 
the  Commissioners  of  the  District  of  Columbia  shall  appoint  a 
physician  as  Health  Officer,  whose  dutyl  it  shall  be,  under  the 
direction  of  the  said  Commissioners,  to  execute  and  enforce  aU 
laws  and  regulations  relating  to  the  public  health  and  vital 
statistics,  and  to  perform  all  such  duties  as  may  be  assigned 
to  him  by  said  Commissioners;  and  the  Board  of  Health 
now  existing  shall,  from  the  date  of  the  appointment  of  said 
Health  Officer,  be  abolished. 

SECTION  IX. 

1.  That  there  may  be  appointed  by  the  Commissioners  of  the 
District  of  Columbia,  on  the  recommendation  of  the  Health 
Officer,  a reasonable  number  of  sanitary  inspectors  for  said  Dis- 
trict, not  exceeding  six  to  hold  such  appointment  at  any  one 
time,  of  whom  two  may  be  physicians  and  one  shall  be  a person 
skilled  in  the  matters  of  drainage  and  ventilation;  and  said 
Commissioners  may  remove  any  of  the  subordinates,  and  from 
time  to  time  may  prescribe  the  duties  of  each. 

2.  And  said  inspectors  shall  be  respectively  required  to  make, 
at  least  once  in  two  weeks,  a report  to  said  Health!  Officer,  in 
writing,  of  their  inspections,  which  shall  be  preserved  on  file. 

3.  And  said  Health  Officer  shall  report  in  writing  annually  to 
said  Commissioners  of  the  District  of  Columbia,  and  so  much 
oftener  as  they  shall  require. 

SECTION  X. 

That  the  Commissioners  may  appoint,  on  the  like  recommenda- 
tion of  the  Health  Officer,  a reasonable  number  of  clerks,  but  no 
greater  number  shall  be  appointed,  and  no  more  persons  shall  be 
employed  under  said  Health  Officer  than  the  public  interests 
demand  and  the  appropriation  shall  justify. 

SECTION  XI. 

1.  That  the  salary  of  the  Health  Officer  shall  be  three  thou^ 
sand  dollars  per  annum. 

2.  And  the  salary  of  the  sanitary  inspectors  shall  not  exceed 
the  sum  of  one  thousand  two  hundred  dollars  per  annum  each. 

3.  And  the  salary  of  the  clerks  and  other  assistants  of  the 
Health  Officer  shall  not  exceed  in  the  aggregate  the  amount  of 


ACT  GOVERNING  DISTRICT  OF  COLUMBIA.  827 


seven  thousand  dollars,  to  be  apportioned  as  the  Commissioners 
of  the  District  of  Columbia  may  deem  best. 

SECTION  XII. 

1.  That  it  shall  be  the  duty  of  the  said  Commissioners  to 
report  to  Congress  at  the  next  session  succeeding  their  appoint- 
ment a draft  of  such  additional  laws  or  amendments  to  existing 
laws  as  in  their  opinion  are  necessary  for  the  harmonious  work- 
ing of  the  system  hereby  adopted  and  for  the  effectual  and 
proper  government  of  the  District  of  Columbia. 

2.  And  said  Commissioners  shall  annually  report  their  official 
doings  in  detail  to  Congress,  on  or  before  the  first  Monday  of 
December. 

SECTION  XIII. 

1.  That  there  shall  be  no  increase  of  the  present  amount  of 
the  total  indebtedness  of  the  District  of  Columbia. 

2.  And  any  officer  or  person  who  shall  knowingly  increase,  or 
aid  or  abet  in  increasing,  such  total  indebtedness,  except  to  the 
amount  of  the  two  hundred  thousand  doUars,  as  authorized  by 
this  act,  shall  be  deemed  guilty  of  a high  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  imprisonment  not 
exceeding  ten  years,  and  by  fine  not  exceeding!  ten  thousand 
dollars. 

SECTION  XIV. 

1.  That  the  term  ^^school-houses”  in  the  act  of  June  seven- 
teenth, eighteen  hundred  and  seventy,  chapter  thirty,  was 
intended  to  embrace  all  collegiate  establishments  actually  used 
for  educational  purposes,  and  not  for  private  gain. 

2.  And  that  all  taxes  heretofore  imposed  upon  such  establish- 
ments in  the  District  of  Columbia  since  the  date  of  said  act  are 
hereby  remitted,  and  where  the  same  or  any  part  thereof  has 
been  paid  the  sum  so  paid  shall  be  refunded. 

3.  But  if  any  portion  of  any  said  building,  house  or  grounds, 
in  terms  excepted,  is  used  to  secure  a rent  or  income,  or  for  any 
business  purpose,  such  portion  of  the  same,  or  a sum  equal  in 
value  to  such  portion,  shall  be  taxed. 

SECTION  XV. 

That  all  laws  inconsistent  with  the  provisions  of  this  act  be, 
and  the  same  are  hereby,  repealed. 

Approved,  June  11,  1878. 


1 


1 


J 


INDEX 


American  Constitutions. 


V,0  LS.  I AND  II. 


t 


1 


INDEX 


ARTICLES  OF  CONFEDERATION. 


PREAMBLE. 

Section 

1.  The  name  of  the  Union. 

2.  Each  State  is  sovereign  and  in- 

dependent. 

3.  The  object  of  the  Union  of  the 

several  States. 

4.  Mutual  friendship  between  the 

people  of  the  different  States. 
— Criminals  fleeing  from  jus- 
tice to  be  given  up.  The  acts 
of  the  courts  of  one  State  to 
be  accepted  by  all  the  others. 

5.  Organization  and  maintenance 

of  Congress. — Representation 
of  each  State  in  Congress.— 
Freedom  of  speech  and  debate. 

6.  States  may  not  enter  into  any 

treaty  or  alliance  with  any 
king,  prince  or  state. — May  not 
enter  into  any  alliance  between 
themselves. — May  not  lay  im- 
posts or  duties. — Restrictions 
in  regard  to  vessels  of  war  and 
armed  forces  in  time  of  peace. 
— May  not  engage  in  war  with- 
out the  consent  of  Congress. 

7.  The  Legislature  to  appoint  cer- 

tain military  officers. 

8.  How  expenses  incurred  for  mu- 

tual defense  are  paid. — The 
Legislatures  of  the  States  to 
levy  taxes. 

9.  The  Congress  has  power  to  de- 

clare peace  or  war. — To  enter 
into  treaties. — To  decide  the 


Section 

manner  of  dividing  prizes 
taken  by  land  or  sea. — To  ap- 
point courts  for  trying  pira- 
cies and  felonies.— ^To  decide 
disputes  between  States. — 
Manner  of  appointing  judges 
and  commissioners. — Regard- 
ing ‘Controversies  as  to  pri- 
vate right  of  soil  claimed  un- 
der different  grants. — Alloy 
and  value  of  coin. — In  regard 
to  Indians. — Officers  of  land 
forces. — Of  the  naval  forces. 
Certain  committees  to  be  ap- 
pointed.— To  build  and  equip 
a navy. — Number  of  land 
forces. — Certain  things  Con- 
gress may  not  do  without  the 
assent  of  nine  States. — Con- 
gress has  power  to  adjourn. — 
Journal  of  proceedings  to  be 
published. 

10.  Certain  powers  vested  in  State 

committees. 

11.  Canada  may  be  admitted  into 

the  Union. — Other  colonies 
may  be  admitted. 

12.  Debts  contracted  and  money 

borrowed  under  authority  of 
Congress. 

13.  Every  State  shall  abide  by  the 

determinations  of  Congress. — 
Articles  of  confederation  in- 
violable.—Shall  not  be  altered 
unless  agreed  to  in  a Con- 
gress of  the  United  States. 


iv 


INDEX. 


UNITED 

ARTICLE  I. 

Section 

1.  Legislative  power;  in  whom 

vested. 

2.  House  of  Representatives,  how 

and  by  whom  chosen. — Qual- 
ifications of  Representatives. — 
Representatives!  and  direct 
taxes,  how  apportioned. — Enu- 
meration.— ^Vacancies  to  be 
filled. — Power  of  choosing  of- 
ficers, and  of  impeachment. 

3.  Seniators,  how  and  by  whom 

chosen. — How  classified. — State 
Executive,  when,  to  make  tem- 
porary appointments,  etc. — 
Qualifications  of  a Senator. — 
President  of  the  Senate,  his 
right  to  vote. — President  pro 
tern,  and  other  officers  of  the 
Senate,  how  chosen. — Power  to 
try  impeachments.  — When 
President  is  tried.  Chief  Jus- 
tice to  preside. — Sentence. 

4.  Times,  etc.,  of  holding  elections, 

how  prescribed. — One  session 
in  each  year. 

5.  Membership.  — Quorum.  — Ad- 

journments.— Rules. — Power  to 
punish  or  expel. — Journal. — 
Time  of  adjournments,  how 
limited,  etc. 

6.  Compensation. — Privileges. — Dis- 

qualification in  certain  cases. 

7.  House  to  originate  all  revenue 

bills. — Veto. — Bill  may  be 
passed  by  two-thirds  of  each 
house,  notwithstanding,  etc. — 
Bill  not  returned  in  ten  days 
to  become  a law. — Provision 
as  to  all  orders,  concurrent  res- 
olutions, et/3. 

8.  Powers  of  Congress. 

9.  Provision  as  to  migration  or  Im- 

portation of  certain  persons. — 
Habeas  corpus. — Bills  of  at- 
tainder, etc. — Taxes,  how  appor- 
tioned.— No  export  duty. — No 
commercial  preferences. — Mon- 
ey, how  drawn  from  treasury. 


STATES. 

Section 

etc. — No  titular  nobility. — Of- 
ficers not  to  receive  presents, 
etc. 

10.  States  prohibited  from  the  exer- 
cise of  certain  powers. 

ARTICLE  II. 

1.  President. — His  term  of  office. — 

Electors  of  President;  number 
and  how  appointed. — Electors 
to  vote  on  same  day. — Qualifi- 
cation of  President. — On  whom 
his  duties  devolve  in  case  of 
his  removal,  death,  etc. — Presi- 
dent’s compensation. — His  oath 
of  office. 

2.  President  to  be  Commander-in- 

Chief. — ^He  may  require  opinion 
of  cabinet  officers,  etc. — May 
pardon. — Treaty-making  power. 
— Nomination  of  certain  of- 
ficers.— ^When  President  may 
fill  vacancies. 

3.  President  shall  communicate  to 

Congn'ess. — He  may  convene 
and  adjourn  Congress,  in  case 
of  disagreement;  shall  receive 
ambassadors,  execute  laws  and 
commission  officers. 

4.  All  civil  offices  forfeited  for  cer- 

tain crimes. 

ARTICLE  III. 

1.  Judicial  power. — Tenure. — Com- 

pensation. 

2.  Judicial  power;  to  what  case  it 

extends.— Original  jurisdiction 
of  Supreme  Court. — ^Appellate. 
— Trial  by  jury,  etc. — Trial, 
where. 

2.  Treason  defined. — Proof  of. — ^Pun- 
ishment of. 

ARTICLE  IV. 

1.  Each  State  to  give  credit  to  the 

public  acts,  etc.,  of  every  other 
State. 

2.  Privileges  of  citizens  of  each 

State. — Fugitives  from  Justice 


INDEX. 


T 


Section  I 

to  be  delivered  up.— Persons  I 
held  to  service  having  escaped,  j 
to  be  delivered  up.  j 

3.  Admission  of  new  States. — Power  j 

of  Congress  over  territory  and  j 
other  property.  | 

4.  Republican  form  of  government 

guaranteed. — Each  State  to  be 
protected. 

I 

ARTICLE  V.  I 

Constitution;  how  amended. — | 
Proviso. 

ARTICLE  VI. 

Certain  debts,  etc.,  declared 
valid. — Supremacy  of  Constitu- 
tion, treaties  and  laws  of  the  ! 
United  States. — Oath  to  sup- 
port Constitution,  by  whom 
taken. — No  religious  test. 

ARTICLE  VII. 

What  ratification  shall  establish 
Constitution. 

AMENDMENTS. 

I.  Religious  establishment  pro- 
hibited.— Freedom  of  speech. 


Article 

of  the  press  and  right  to  pe- 
tition. 

II.  Right  to  keep  and  bear  arms. 

III.  No  soldier  to  be  quartered  in 

any  house,  unless,  etc. 

IV.  Right  of  search  and  seizure 

regulated. 

V.  Provisions  concerning  prose- 
cution, trial  and  punish- 
ment.— Private  property  not 
to  be  taken  for  public  use, 
without  compensation. 

VI.  Further  provisions  respecting 
criminal  prosecutions. 

VII.  Right  of  trial  by  jury  secured. 

VIII.  Excessive  baid  or  fines  and 
cruel  punishments  prohib- 
ited. 

IX.  Rule  of  construction  of  Con- 

stitution. 

X.  Same  subject. — Rights  of 

States* 

XI.  Same  subject. — Judicial  pow- 

ers construed. 

XII.  Manner  of  choosing  President 
and  Vice-President. 

XIII.  Slavery  abolished. 

XIV.  Citizenship. — Representation.— 

Public  debt. 

XV.  Right  of  suffrage,  by  whom 
exercised. 


ALABAMA. 


Article 

1.  Declaration  of  rights. 

2.  State  and  county  boundaries. 

3.  Distribution  of  powers  of  gov- 

ernment. 

4.  Legislative  department. 

5.  Executive  department. 

6.  Judicial  department. 

7.  Impeachments. 

8.  Suffrage  and  elections. 

9.  Representation. 

10.  Exempted  property. 

11.  Taxation. 

12.  Militia. 

13.  Education. 

14.  Corporations. — Private  corpora- 

tions. 

15.  Oath  of  office. 

16.  Miscellaneous  provisions. 

17.  Mode  of  amending  the  Constitu- 

tion. 


Schedule. 

Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  free  and  independ- 

ent.— They  have  certain  in- 
alienable rights. 

2.  Qualifications  necessary  to  be- 

come residents  of  the  State. 

3.  All  political  power  is  inherent  in 

the  people. 

4.  No  religion  shall  be  established 

by  law. — No  preference  given 
to  any  religious  sect. — No  per- 
son compelled  by  law  to  attend 
any  place  of  worship. 

5 Any  person  may  speak,  write 
and  publish'  his  sentiments  on 


VI 


INDEX 


Section 

all  subjects,  being  responsible 
for  the  abuse  of  that  liberty. 

6.  The  people  shall  be  secure  from 

any  unreasonable  searches  or 
seizures. 

7.  In  all  criminal  prosecutions,  the 

accused  has  a right  to  be 
heard  for  himself. 

8.  No  person  shall  be  accused,  ar- 

rested or  detained,  except. 

9.  No  person  shall,  for  any  indict- 

able offense,  be  proceeded 
against  criminally  by  informa- 
tion, except. 

10.  No  person  shall  be  put  in  jeop- 

ardy twice  for  the  same  of- 
fense. 

11.  No  person  shall  be  debarred 

from  prosecuting  or  defending 
any  civil  cause  to  which  he  is 
a party. 

12.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

13.  In  prosecutions  for  investigating 

conduct  of  officers,  the  truth 
may  be  given  in  evidence. — In 
regard  to  indictments  for  libel. 

14.  All  courts  shall  be  open,  and 

justice  shall  be  administered 
without  delay  or  denial. 

15.  The  State  of  Alabama  shall 

never  be  made  a defendant  in 
any  court  of  law  or  equity. 

16.  Excessive  fines  shall  not  be  im- 

posed nor  cruel  punishment 
inflicted. 

17.  All  persons  shall  be  bailable  be- 

fore conviction,  except. 

18.  The  privilege  of  the  writ  of 

habeas  corpus  shall  not  be 
suspended  by  the  authorities 
of  the  State. 

19.  Treason  against  the  State  de- 

fined. 

20.  No  person  shall  be  attainted  of 

treason  by  the  General  As- 
sembly. 

21.  No  person  shall  be  imprisoned 

for  debt. 

22.  No  power  of  suspending  laws 

shall  be  exercised,  except. 

23.  No  ex  post  facto  law  shall  be 

passed. 


Section 

24.  The  exercise  of  the  right  of  emi- 

nent domain  shall  never  be 
abridged.  — Private  property 

shall  not  be  taken  nor  applied 
for  public  use,  except. 

25.  All  navigable  waters  shall  re- 

main forever  public  highways. 

26.  Thte  citizens  have  the  right  to 

assemble  together  peaceably 
to  consult  for  the  common 
good. 

27.  Every  citizen  has  a right  to  bear 

arms  in  defense  of  himself  and 
State. 

28.  No  standing  army  shall  be  kept 

without  the  consent  of  the 
General  Assembly. 

29.  No  soldier  shall,  in  time  of  peace, 

be  quartered  in  any  house 
without  the  consent  of  the 
owner,  nor  in  time  of  war,  ex- 
cept. 

30.  No  title  of  nobility,  etc.,  shall 

ever  be  granted. — No  office 
shall  be  created,  the  appoint- 
ment of  which  shall  be  for  a 
longer  time  than  during  good 
behavior. 

31.  Immigration  shall  be  encour- 

aged; emigration  shall  not  be 
prohibited,  and  no  citizen  shall 
be  exiled. 

32.  Temporary  absence  from  State 

shall  not  cause  forfeiture  of 
residence  once  obtained. 

33.  Slavery  shall  not  exist  in  this 

State;  no  involuntary  servi- 
tude. 

34.  The  right  of  suffrage  shall  be 

protected  by  law. 

35.  There  can  be  no  secession  of  any 

State  from  the  Federal  Union. 

36.  Foreigners  who  may  hereafter 

become  bona  fide  residents. 

37.  The  sole  object  of  the  govern- 

ment. 

28.  No  educational  or  property  quali- 
fication for  suffrage  or  office, 
nor  any  restraint  upon  the 
same  on  account  of  race,  color 
or  previous  condition  of  servi- 
tude shall  be  made  by  law. 


INDEX. 


vu 


Section 

39.  This  enumeration  of  rights  shall 
not  impair  others  retained  by 
the  people. 

ARTICLE  II. 

State  and  County  Boundaries. 

1.  The  boundaries  of  the  State  shall 

be  as  follows. 

2.  In  regard  to  the  boundaries  of 

the  counties  of  the  State. 

ARTICLE  III. 

Distribution  of  Powers  of  Qovernment. 

1.  The  powers  of  the  State  shall  be 

the  legislative,  the  executive 
and  judicial. 

2.  No  person  or  persons  shall  exer- 

cise any  powers  belonging  to 
any  others,  except. 

ARTICLE  IV. 

Legislative  Department. 

1.  The  legislative  power  of  this 

State  shall  be  vested  in  a 
General  Assembly,  which  shall 
consist  of  a Senate  and  House 
of  Representatives. 

2.  The  style  of  the  laws  shall  be. 

3.  The  Senators  and  Representa- 

tives shall  be  elected  by  quali- 
fied electors. 

4.  Qualifications  of  the  Senators 

and  Representatives. 

5.  The  General  Assembly  shall  meet 

biennially  at  the  capitol,  ex- 
cept. 

6.  The  pay  of  the  members  of  the 

General  Assembly. 

7.  Of  whom  the  General  Assembly 

shall  consist. 

8.  The  Senate  at  the  beginning 

of  its  regular  session  shall 
elect  one  of  its  members  presi- 
dent, and  the  House  of  Rep- 
resentatives shall  elect  one  of 
its  members  speaker. — Term  of 
office  of  president  of  Senate 
and  speaker  of  the  House  of 
Representatives. 

9.  When  Senators  shall  be  elected; 

their  term  of  office. — Election 
of  the  members  of  the  House 


Section 

of  Representatives. — When  a 
vacancy  shall  occur  in  either 
house. 

10.  A majority  in  each  house  shall 

constitute  a quorum. 

11.  Each  house  shall  have  the  power 

to  determine  the  rules  of  its 
proceedings  and  to  punish 
members  or  other  persons  for 
contempt. 

12.  In  regard  to  a member  of  either 

house  being  expelled. 

13.  Each  house  shall  keep  a journal 

of  its  proceedings. 

14.  Members  of  the  General  As- 

sembly shall  be  privileged  from 
arrest,  except. 

16.  The  doors  of  each  house  shall  be 
open,  except. 

16.  In  regard  to  adjournment. 

17.  No  Senator  or  Representative 

shall  be  appointed  to  any  other 
civil  office  during  his  term. 

18.  No  person  convicted  of  embez- 

zlement of  the  public  money, 
bribery,  perjury,  etc.,  shall  be 
capable  of  holding  any  office  of 
trust  or  profit  in  this  State. 

19.  No  law  shall  be  passed  except  by 

bill. 

20.  No  bill  shall  become  a law  until 

it  shall  have  been  referred  to 
a committee  of  each  house  and 
returned  therefrom. 

21.  Every  bill  shall  be  read  on  three 

different  days  in  each  house, 
and  no  bill  shall  become  a law, 
unless. 

22.  In  regard  to  amendments. 

23.  No  special  or  local  law  shall  be 

enacted  for  the  benefit  of  indi- 
viduals or  corporations.  In 
cases  which  are  or  can  be  pro- 
vided for  by  general  law,  or 
where  the  relief  sought  can  be 
given  by  any  court  of  this 
State. 

24.  No  local  or  special  law  shall  be 

passed  on  a subject  which  can 
not  be  provided  for  by  a gene- 
ral law.  unless. 

25.  The  General  Assembly  shall 

pass  general  laws  under  which 


Tiii 


INDEX. 


Section 

local  and  private  interests  shall 
be  provided  for  and  protected. 

26.  Lotteries  illegal. 

27.  The  presiding  officer  of  each 

house  shall  sign  all  bills  and 
resolutions  passed  by  the  Gene- 
ral Assembly. 

28.  The  number,  duties  and  compen- 

sation of  the  officers  and  em- 
ployes of  each  house;  no  pay- 
ment to  be  made  from  the 
State  treasury,  except. 

29.  Extra  compensation  to  any  pub- 

lic officer,  servant  or  employe 
after  the  services  shall  have 
been  rendered. 

80.  Stationery,  printing,  paper  and 
fuel  used  in  the  Legislature 
and  other  departments  of  the 
government. 

31.  Bills  for  raising  revenue  shall 

originate  in  the  House  of  Rep- 
resentatives; but  the  Senate 
may  propose  amendments. 

32.  The  general  appropriation  bill. 

33.  No  money  shall  be  paid  out  of 

the  treasury  except  by  appro- 
priation. 

34.  To  whom  no  appropriation  shall 

be  made. 

35.  In  regard  to  the  investment  of 

any  trust  fund  to  executors, 
etc, 

86.  The  power  to  change  the  venue 
in  civil  and  criminal  cases. 

37.  When  the  General  Assembly 

shall  be  convened  in  special 
session,  there  shall  be  no  leg- 
islation upon  subjects  other 
than  those  designated  in  the 
proclamation  of  th'e  Governor 
calling  such  session. 

38.  There  shall  be  no  State  offices 

for  the  inspection  or  measur- 
ing of  any  merchandise,  manu- 
facture or  commodity,  but  any 
county  may  appoint  such  offi- 
cers. 

39.  General  Assembly  shall  not 

change  the  seat  of  government. 

40.  Corrupt  solicitation;  shall  be 

guilty  of  bribery. 


Section 

41.  Bribery  defined. 

42.  Corrupt  solicitation  of  members 

of  the  General  Assembly,  or 
public  officers  of  this  State 
punished  by  fine  and  imprison- 
ment. 

43.  No  member  shall  have  a personal 

or  private  interest  in  any  bill. 

44.  All  votes  of  the  General  Assem- 

bly shall  be  viva  voce. 

45.  Differences  may  be  decided  by 

arbitrators. 

46.  The  public  statutes,  both  civil 

and  criminal,  to  be  revised  by 
the  General  Assembly  every 
ten  years, 

47.  It  shall  pass  such  penal  laws  as 

may  be  deemed  expedient  to 
suppress  duelling. 

48.  Salaries  of  public  officers;  de- 

ducted from  for  neglect  of 
duty. 

49.  The  General  Assembly  shall  re- 

quire the  counties  of  this  State 
to  provide  for  the  poor. 

50.  It  shall  not  have  the  power  to 

authorize  municipal  corpora- 
tions to  pass  laws  inconsistent 
with  general  laws. 

51.  In  the  event  of  annexation  of 

any  foreign  territory  to  this 
State. 

52.  The  General  Assembly  shall  not 

tax  the  property,  real  or  per- 
sonal, of  the  State,  counties 
and  other  municipal  corpora- 
tions. 

53.  To  ascertain  the  value  of  real 

and  personal  property. 

34.  The  State  shall  not  engage  in 
works  of  internal  improvement 
nor  lend  its  credit,  nor  shall 
the  State  be  interested  in  any 
corporation. 

55.  The  General  Assembly  shall  have 

no  power  to  authorize  any 
county,  city  or  other  sub-di- 
vision of  this  State  to  lend  its 
credit. 

56.  There  shall  be  no  law  in  this 

State  impairing  the  remedy 
for  the  enforcement  of  con- 
tracts. 


INDEX 


ix 


ARTICLE  V. 

Executive  Department. 

Section 

1.  Of  whom  the  executive  depart- 

ment shall  consist. 

2.  The  supreme  executive  power  to 

be  vested  in  the  Governor. 

3.  Election  of  State  officers. 

4.  Election  returns. 

5.  Terms  of  office  of  State  officers. 
€.  Qualifications  for  Governor. 

7.  Qualifications  for  the  other  State 

officers. 

8.  Governor  shall  take  care  that  the 

laws  are  faithfully  executed. 

9.  The  Governor  may  require  infor- 

mation in  writing  under  oath. 

10.  The  Governor  may  on  extraordi-  • 

nary  occasions  convene  the 
General  Assembly. 

11.  The  Governor  shall  give  the 

General  Assembly  information 
of  the  State  of  the  government,  j 
etc. 

12.  Governor  shall  have  the  power  to  ! 

remit  fines  and  forfeitures  and 
grant  reprieves  and  pardons, 
except.  i 

13.  In  regard  to  bills  that  have  : 

passed  both  houses.  i 

14.  Governor  to  have  powder  to  dis- 

approve of  any  item  or  items 
of  any  bill. 

15.  In  case  of  impeachment  of  the 

Governor. — His  removal  from 
office,  etc. — The  president  af 
the  Senate  shall  exercise  all 
power. 

16.  Compensation  of  the  president  of 

Senate  and  the  speaker  of  the 
House  of  Representatives. 

17.  Governor  shall  not  hold  any 

other  office  during  his  term. 

18.  Governor  to  be  Commander-In- 

Chief  of  the  militia,  except. 

19.  Qualifications  necessary  to  hold 

the  office  of  Secretary  of  State, 
State  Treasurer,  etc. 

20.  The  seal  of  the  State. 

21.  The  Secretary  of  State  to  be 

custodian  of  the  State  seal.—  j 
He  shall  also  keep  a register 
of  the  official  acts  of  the  Gov- 
ernor. 


j Section 

i 22.  How  grants  and  commissions  are 
I to  be  issued. 

23.  The  Governor  to  have  power  to 

fill  any  vacancy  which  may 
occur  in  any  of  the  State 
offices. 

24.  Duties  of  the  State  Treasurer, 

Secretary  of  State,  Auditor, 
etc. 

25.  In  regard  to  fees,  costs,  per- 

quisites of  office,  other  than 
the  salaries  prescribed  by  law. 

26.  Term  of  office  of  the  sheriff.— 

His  election,  etc. 

ARTICLE  VI. 

Judicial  Department. 

1.  The  judicial  power  of  the  State 

shall  be  vested  in  the  Senate. 

2.  Power  of  the  Supreme  Court. 

3.  Supreme  Court  to  be  held  at  the 

seat  of  government. 

4.  Division  of  the  State  by  the 

General  Assembly. 

5.  Jurisdiction  of  the  Circuit  Court. 

6.  Where  the  Circuit  Court  shall  be 

held.— Power  of  the  judges. 

7.  Power  of  the  General  Assembly. 

— Division  of  the  State  by  the 
General  Assembly. 

8.  Where  the  Chancery  Court  shall 

be  held. 

9.  The  General  Assembly  shall  have 

power  to  establish  wnthin  the 
State  a Court  of  Probate. 

10.  Compensation  of  the  judges  of 

the  Supreme  Court,  Circuit 
Court  and  chancellors. 

11.  Of  whom  the  Supreme  Court 

shall  consist. 

12.  Election  of  the  officers  of  the 

Supreme  Court,  Circuit  Courts, 
Probate  Courts,  etc. 

13.  How  judges  of  the  inferior  courts 

shall  be  appointed. 

14.  Qualifications  of  the  judges  of 

the  Supreme  Court,  Circuit 
Courts,  chancellors,  etc. 

15.  Their  term  of  office. 

16.  Duties  of  the  judges  of  the  Su- 

preme Court,  Circuit  Courts 
and  inferior  courts. 

17.  Vacancies  in  the  office  of  any 

of  the  judges. 


X 


INDEX. 


Section 

18.  In  any  case,  civil  or  criminal, 

pending-  in  any  Circuit,  Chan- 
cery or  City  Court  in  this 
State,  if  the  presiding  judge  or 
chancellor  shall  be  incompet- 
ent to  try  or  render  judgment, 
the  parties  or  their  attorneys 
of  record  may  agree  upon  some 
disinterested  person  practicing 
in  the  court  to  try  the  case. 

19.  When  the  judges  or  chancellors 

fail  to  attend  regular  terms. 

20.  No  judge  of  any  Court  of  Rec- 

ord shall  practice  law  in  any 
of  the  courts  of  this  State. 

21.  Registers  in  Chancery.  • 

22.  Clerk  of  the  Supreme  Court. 

23.  Clerks  of  the  Circuit  Courts. 

— Vacancies  in  such  offices. 

24.  Removal  from  office  of  the  clerk 

of  the  Supreme  Court  and  reg- 
isters in  chancery. 

25.  Election  of  solicitors  for  each 

judicial  circuit. 

26.  Election  of  justices  of  the  peace 

and  constables  in  each  precinct 
of  the  counties. — Right  to  ap- 
peal in  cases  tried  before  jus- 
tices. 

27.  Election  of  the  Attorney-Gene- 

ral.— His  residence. 

28.  The  style  of  all  process  shall  be. 

ARTICLE  VII. 

Imjoeacliment. 

1.  Enumeration  of  those  who  may 

be  removed  from  office  by  im- 
peachment. 

2.  In  case  an  appeal  is  taken  to  the 

Supreme  Court  in  any  of  the 
above  cases. 

3.  All  county  officers  may  be  re- 

moved from  office  for  any  of 
the  causes  specified  in  section 
1 of  this  article,  provided. 

4.  Penalties  in  cases  arising  under 

the  three  preceding  sections. 

ARTICLE  VIII. 

Suffrage  and  Elections. 

1.  Qualifications  necessary  to  vote. 


4.RTICLE  IX. 

Representation. 

Section 

1.  The  number  of  Senators. 

2.  Of  whom  the  House  of  Repre- 

sentatives shall  consist. 

3.  Duty  of  the  General  Assembly 

in  regard  to  the  number  of 
Representatives,  provided. 

4.  Division  of  the  State  into  sena- 

torial districts. 

5.  In  case  the  census  of  the  United 

States  is  not  taken,  or  if  when 
taken,  the  same  in  regard  to 
this  State  is  not  full  and  satis- 
factory. 

6.  Number  of  Representatives  from 

each  county. 

7.  The  senatorial  districts  shall  be 

as  follows. 

ARTICLE  X. 

Exempted  Property. 

1.  Personal  property  of  any  resi- 

dent of  this  State  to  be  ex- 
empt from  sale,  etc. 

2.  When  homesteads  shall  be  ex- 

empt from  sale. 

3.  The  homestead  of  a family  after 

the  death  of  the  owner. 

4.  Laborer’s  lien  for  work  done  and 

performed  for  person  claiming 
such  exemption. 

5.  On  the  death  of  the  owner  of  a 

homestead,  leaving  a widow, 
but  no  children,  disposition  of 
the  homestead. 

6.  The  real  and  personal  property 

of  any  female  in  this  State. 

7.  When  exemptions  hereinbefore 

secured  may  be  waived. 
ARTICLE  XI. 

Taxation. 

1.  Assessment  of  property. 

2.  No  power  to  levy  taxes  shall  be 

delegated  to  individuals  or 
private  corporations. 

3.  In  regard  to  a new  debt  after 

the  ratification  of  this  Con- 
stitution. 

4.  Power  of  the  General  Assembly 

to  levy  taxes. 

5.  Power  of  the  counties  to  levy 

taxes. 


INDEX 


XI 


Section 

6.  Property  of  private  corporations 

and  individuals  shall  forever 
be  taxed,  provided. 

7.  Rate  of  taxation  to  be  levied  by 

city,  town  or  other  municipal 
corporation. 

8.  Enumeration  of  the  officers 

whose  salaries  shall  be  re- 
duced after  the  ratification  of 
this  Constitution.  i 

9.  The  General  Assembly  shall  not  | 

have  the  power  to  require  the 
counties  or  other  municipal 
corporations  to  pay  any 
charges  which  are  now  payable 
out  of  the  State  treasury. 

ARTICLE  XII. 

Militia. 

1.  Those  who  are  liable  to  do  mili- 

tary duty  in  the  militia  of  the 
State. 

2.  The  duties  of  the  General  Assem- 

bly in  organizing  and  equip-  | 
ping  a militia. 

3.  Each  company  and  regiment 

shall  elect  its  own  officers. — In 
case  they  fail  to  do  so. 

4.  Volunteer  organizations  of  in- 

fantry, cavalry  and  artillery 
may  be  formed  as  provided  by 
law. 

6.  The  militia  and  volunteer  forces 
during  their  attendance  at 
elections,  musters,  etc.,  shall  be 
exempt  from  arrest,  except. 

6.  The  Governor  to  be  Commander- 

in-Chief  of  the  militia,  unless. 

7.  The  General  Assembly  to  provide 

for  the  safe  keeping  of  the 
arms,  ammunition,  etc. 

8.  Pay  of  the  officers  and  men  of 

the  militia  when  not  in  active 
service. 

ARTICLE  XIII. 

j^ducation. 

1.  A system  of  public  schools  to  be 
maintained  by  the  General 
Assembly. — Separate  schools 
may  be  provided  for  the 
children  of  citizens  of  African 
descent. 


Section 

2.  The  principal  of  all  funds  shall 

be  preserved  inviolate. — The 
income  thereof  to  be  applied 
to  the  specific  objects  of  the 
original  grants  or  appropria- 
tions. 

3.  In  regard  to  property  given  by 

individuals  or  appropriated  by 
the  State  for  educational  pur- 
poses. 

4.  The  General  Assembly  shall  pro- 

vide for  the  levying  and  col- 
lection of  an  annual  poll  tax. 

5.  In  regard  to  the  income  arising 

from  the  sixteenth  section 
trust  fund  and  the  surplus 
revenue  fund.  . 

6.  How  much  of  the  money  raised 

or  appropriated  shall  be  ex- 
pended. 

7.  The  Superintendent  of  Education 

shall  have  supervision  of  the 
public  schools. 

8.  No  money  raised  or  appropriated 

for  the  public  schools  shall  be 
used  to  support  any  sectarian 
or  denominational  school. 

9.  Under  whose  management  the 

State  University  and  the  Agri- 
cultural and  Mechanical  Col- 
lege shall  be. — Of  whom  the 
board  of  the  University  shall 
consist. 

10.  The  General  Assembly  shall  have 

no  power  to  change  the  loca- 
tion of  the  State  University, 
etc. 

11.  How  the  provisions  of  this  article 

.shall  apply  to  Mobile  county. 

ARTICLE  XIV. 

Corporations  — Private  Corporations. 

1.  How  corporations  may  be 

formed. — Laws  that  may  be 
altered,  amended  or  repealed. 

2.  In  regard  to  the  validity  of  all 

existing  charters  or  grants 
after  the  ratification  of  the 
Constitution. 

3.  Power  of  the  General  Assembly 

to  remit  the  forfeiture  of  the 
charter  of  any  corporation^ 
now  existing. 


Xll 


INDEX. 


Section 

4.  Foreign  corporations, 

5.  No  corporation  shall  engage  in 

any  business  other  than  that 
expressly  authorized  in  its 
charter. 

6.  In  regard  to  the  issue  of  bonds 

by  corporations. 

7.  Private  property  taken  for  pub- 

lic use. — Right  to  appeal  from 
an  assessment. 

S.  How  dues  from  private  corpora- 
tions shall  be  secured. — No  I 
stockholder  liable  for  more 
than  the  paid  up  stock  owned 
by  him. 

9.  The  issue  of  preferred  stock  by 
corporations. 

10.  Power  of  the  General  Assembly 

to  alter,  revoke  or  amend  any 
charter  of  incorporation  now 
existing.  I 

11.  Rights  of  telegraph  companies. 

12.  Ail  corporations  shall  have  the 

right  to  sue  or  to  be  sued. 

13.  The  term  corporation  defined. 

Banks  and  Banking. 

14.  Power  of  the  General  Assembly 

to  establish  or  incorporate  any 
bank  or  banking  company. 

15.  All  banks  to  be  established  under 

the  banking  law. 

16.  In  regard  to  bills  and  notes 

issued  as  money. 

17.  Holders  of  bank  notes  and  de- 

positors. 

18.  Every  bank  or  banking  company 

shall  be  required  to  cease  all 
banking  operations  within 
twenty  years  from  the  time  of 
its  organization,  unless, 

19.  The  rate  of  interest  to  be  re- 

ceived by  banks. 

20.  The  State  shall  not  be  a stock- 

holder in  any  bank,  or  give  its 
credit. 

Railroads  and  Canals. 

21.  All  railroads  and  canals  shall  be 

public  highways. — Every  rail- 
road shall  have  the  right  to 
connect  with  any  other  rail- 
road, etc. 

22.  The  General  Assembly  shall  pass 


Section 

laws  to  regulate  the  rates  of 
freights  and  passenger  tariffs. 

23.  No  railroad  shall  grant  free 

passes  or  sell  tickets  at  a dis- 
count. 

24.  No  street  passenger  railway 

shall  be  constructed  within  the 
limits  of  any  city  or  town 
without  the  consent  of  the 
local  authorities. 

25.  No  railroad,  canal,  etc.,  shall 

have  the  benefit  of  any  future 
legislation  other  than. 

ARTICLE  XV. 

Oath  of  Office. 

1.  Those  who  shall  take  the  oath  of 
office. — The  oath  of  office. 

ARTICLE  XVI. 
Miscellaneous  Provisio ns. 

1.  No  person  holding  any  office  of 

profit  under  the  United  States 
shall  hold  any  other  office,  ex- 
cept. 

2.  The  duty  of  the  General  Assem- 

bly to  enact  all  laws  neces- 
sary to  give  effect  to  the  pro- 
visions of  this  Constitution. 

ARTICLE  XVII. 

Mode  of  Amending  Constitution. 

1.  The  General  Assembly  may, 

whenever  two-thirds  of  each 
house  shall  deem  it  necessary, 
propose  amendments  to  this 
Constitution. 

2.  No  convention  shall  be  here- 

after held  for  the  purpose  of 
altering  or  amending  the  Con- 
stitution of  this  State,  unless. 

SCHEDULE. 

1.  All  laws  in  force  at  the  ratifica- 

tion of  this  Constitution  shall 
remain  in  force,  until. 

2.  In  regard  to  the  bonds  executed 

by  any  officer  of  this  State. — 
All  indictments  found  or  which 
may  be  found  shall  be  pro- 
ceeded upon  in  the  same  man- 
ner as  if  this  Constitution  had 
not  been  ratified. 


INDEX. 


oil 


Section 

3.  All  judicial  and  executive  officers 

and  all  other  officers  holding 
office  at  the  time  of  the  rati- 
fication of  this  Constitution 
shall  continue  to  hold  office, 
except. 

4.  This  Constitution  shall  be  sub- 

mitted to  the  qualified  electors 
of  this  State  for  ratification  or 
rejection. 

6.  Steps  to  be  taken  to  give  pub- 
licity and  circulation  to  this 
Constitution. 


Section 

7.  All  laws  requiring  an  enumera- 

tion of  the  inhabitants  of  this 
State  during  the  year  1875  are 
hereby  voided. 

8.  The  Board  of  Education  in  this 

State  is  hereby  voided. 

9.  The  salaries  of  the  executive  and 

judicial  and  all  other  officers 
of  this  State  who  may  be  hold- 
ing office  at  the  time  of  the 
ratification  of  this  Constitution 
shall  not  be  affected  by  the 
provisions  of  this  Constitution. 


ARKANSAS. 


Article 

1.  Boundaries. 

2.  Declaration  of  rights. 

3.  Franchise  and  elections. 

4.  Departments. 

5.  Legislative. 

6.  Executive  department. 

7.  Judicial  department. 

8.  Apportionment. 

9.  Exemption. 

10.  Agriculture,  mining  and  manu- 

facture. 

11.  Militia. 

12.  Municipal  and  private  corpora- 

tions. 

13.  Counties,  county  seats  and 

county  lines. 

14.  Education. 

15.  Impeachment  and  address. 

16.  Finance  and  taxation. 

17.  Railroads,  canals  and  turnpikes. 

18.  Judicial  circuits. 

19.  Miscellaneous  provisions. 
Schedule. 

Preamble. 

ARTICLE  I. 

Boundaries. 

Section 

1.  Boundaries  of  the  State  and  seat 
of  government. 

ARTICLE  II. 

Rights,  Declaration  of. 

1.  Source  of  political  power. — Ob- 


I Section 

I ject  of  government. — Right  to- 

I reform  and  abolish, 

j 2.  All  men  are  equally  free  and 
j have  certain  inalienable  rights. 

I 3.  Equality  of  persons  before  the 
1 law. 

j 4.  The  people  have  the  right  to 
I assemble  in  a peaceable  man- 

j ner  for  the  common  good. 

! 5.  Right  to  bear  arms. 

6.  Freedom  of  speech  and  liberty 

of  the  press. 

7.  Trial  by  jury. 

8.  No  person  shall  be  held  to 

answer  for  crime  but  on  pre- 
sentment or  indictment.—  Ex- 
ceptions. — Not  in  jeopardy 
twice  for  same  offense. 

9.  Excessive  bail,  cruel  punish- 

ments and  detention  of  wit- 
nesses prohibited. 

10.  Rights  of  accused  in  criminal’ 
prosecutions. 

11  Habeas  corpus. 

12.  Suspension  of  the  law. 

13.  Redress  of  wrongs. 

14.  Treason. 

15.  Unreasonable  searches  and  seiz- 

ures prohibited. 

16.  Imprisonment  for  debt  pro- 

hibited. 

17.  Attainder,  ex  post  facto  laws 

impairing  contracts,  etc.,  pro- 
hibited. 

18.  Equality  of  privileges  and  Im- 

munities. 


xiv 


INDEX. 


Section 

19.  Perpetuities,  monopolies  and 

hereditary  distinctions  prohib- 
ited. 

20.  Resident  aliens. 

21.  Life,  liberty  and  property,  how 

secured.  — Banishment  prohib- 
ited. 

22.  Private  property  taken  for  public 

use  to  have  just  compensation. 

23.  Right  of  eminent  domain  and  of 

taxation. — Delegation  of  taxing 
power. 

24.  Right  of  religious  liberty. 

25.  Protection  of  religious  liberty. 

26.  No  religious  test  for  qualifica- 

tion to  vote  or  hold  office. 

27.  Involuntary  servitude,  except  for 

crime,  prohibited.  — No  stand- 
ing army.  — Military  subordi- 
nate to  civil  power. — Quarter- 
ing of  troops. 

28.  Tenure  of  lands. 

29.  This  enumeration  of  rights  to 

disparage  other  rights  held  by 
the  people. 

ARTICLE  III. 

Franchise  and  Elections. 

1.  Qualifications  of  electors. 

2.  Freedom  of  elections. — Vote  for- 

feited on  conviction  of  felony. 

3.  Elections  to  be  by  ballot. — Se- 

crecy of  ballot. 

4.  Privilege  of  electors. 

5.  Idiots  and  insane. 

6.  Corrupt  violation  of  election 

laws  to  disqualify  for  office. 

7.  United  States  soldiers  and  ma- 

rines. 

8.  Time  of  holding  general  elec- 

tions. 

9.  Testimony  in  cases  of  contested 

elections. 

10.  Causes  of  disqualification  as 

election  officers. 

11.  Voters  unlawfully  refused  to  be 

counted  on  trial  of  contest. 

12.  Elections  by  parties  representa- 

tive. 


ARTICLE  IV. 

Departments. 

Section 

1.  Government  divided  into  three 

distinct  departments. 

2.  Separation  of  departments. 

ARTICLE  V. 

Legislative. 

1.  General  Assembly. 

2.  House  of  Representatives. 

3.  Senate. 

4.  Qualifications  of  Senators  and 

Representatives. 

5.  Times  of  meeting. 

6.  Vacancies. 

7.  Officers  ineligible  to  General 

Assembly. 

8.  Holders  of  public  moneys  dis- 

qualified for  office  until  settle- 
ment. 

9.  Conviction  of  infamous!  crime 

to  disqualify  for  office. 

10.  Senator  or  Representative  dis- 

qualified for  civil  office. 

11.  Each  house  to  appoint  its  offi- 

cers, determine  qualifications, 
etc.,  of  its  members. — Quo- 
rum. 

12.  Rules.  — Punishment  for  con- 

tempt.— Enforcement  of  pro- 
cess.— Protection  of  members. 
— Expulsion  of  same. — Jour- 
nal.— Yeas  and  nays. 

13.  Proceedings  to  be  public. 

14.  Elections  by  joint  or  concur- 

rent vote. 

15.  Privileges  of  Senators  and  Rep^ 

resentatives  from  arrest. 

16.  Pay  and  mileage. — Term  to  be- 

gin with  election. 

17.  Duration  of  sessions. 

18.  Presiding  officers. — President  of 

Senate  to  succeed  the  Gover- 
norship in  case  of  vacancy. 

19.  Style  of  laws. 

20.  State  not  to  be  sued  in  her 

courts. 

21.  Laws  to  be  by  bill. — Amend- 

ment of  bills. 

22.  Passage  of  bills. 

23.  Revival,  amendments  and  ex- 

tension of  laws. 


INDEX. 


XV 


Section 

24.  Classes  of  special  legislation 

prohibited. 

25.  Restriction  on  special  legisla- 

tion. 

26.  Publication  of  notice  of  local 

and  special  bills. 

27.  Extra  compensation  to  officers, 

agents,  employes  and  con- 
tractors. 

28.  Adjournment. 

29.  Appropriations  to  be  specific, 

and  limited  to  two  years. 

30.  General  and  special  appropria- 

tion bills. 

31.  Requisites  to  allowances  of 

State  tax  and  appropriations 
of  money. 

32.  Redress  for  injuries  to  person 

or  property. 

33.  Liability  of  corporations  to  the 

34.  Bills  not  to  be  introduced  dur- 
ing last  three  days  of  session. 

35.  Bribery  of  officers. 

36.  Expulsion  of  members  no  bar 

to  indictment. 

ARTICLE  VI. 

Executive  Deimrtment. 

1.  Executive  officers. — Terms  of 

office. — Commissioner  of  State 
lands. 

2.  Governor. 

3.  Election  of  executive  officers. 

— Returns. — In  case  of  tie. 

4.  Contested  elections  for  execu- 

tive officers. 

5.  Qualifications  of  Governor. 

6.  Governor  to  be  commander-in- 

chief  of  military  and  naval 
forces  of  the  State. 

7.  He  may  require  information 

from  officers  of  executive  de- 
partment.— Execution  of  the 
laws. 

8.  Messages  to  General  Assembly. 

9.  Great  seal  of  the  State. 

10.  Grants  and  commissions. 

U.  Persons  ineligible  to  office  of 
Governor. 

IJ.  Death,  conviction  on  iinpeach- 


Section 

ment  or  other  disability  of 
Governor. 

13.  Impeachment  or  other  disa- 

bility of  president  of  Senate, 
acting  as  Governor. 

14.  Election  to  fill  vacancy  in  office 

of  Governor. — Returns. — Con- 
tested election. 

15.  Bills  to  be  presented  to  Gover- 

nor for  approval. — Bill  not 
returned  within  five  days  to 
become  a law. 

16.  Concurrent  orders  and  resolu- 

tions to  be  presented  to  Gov- 
ernor for  approval. — Proceed- 
ings in  case  of  veto. 

17.  Veto  of  items  of  appropriation 

bills. 

18.  General  pardoning  power. 

19.  Extra  sessions  of  General  As- 

sembly and  convocation  else- 
where than  at  seat  of  govt-xU- 
ment. 

20.  Case  of  disagreement  in  Gene- 

ral Assembly  as  to  time  of 
adjournment. 

21.  Duties  of  Secretary  of  State. — 

Superintendent  of  Public  In- 
struction. 

22.  Duties  of  other  officers  of  ex- 

ecutive department. — Vacan- 
cy in  their  offices. 

23.  Vacancies  in  office  not  else- 

where provided  for. 

ARTICLE  VII. 

Judicial  Department. 

1.  Judicial  power,  where  vested. 

—Establishment  of  additional 
courts. 

2.  Supreme  Court. — Chief  Justice. 

— Quorum. 

3.  Increase  of  number  of  judges 

of  Supreme  Court. 

4.  General  jurisdiction  of  Supreme 

Court. 

5.  Jurisdiction  of  Supreme  Court 

in  quo  warranto. 

6.  Qualifications  of  judges  of  Su- 

preme Court.  — Election.  — 
Term  of  office. 

7.  Clerk  and  reporter  of  Supreme 

Court. 


XVI 


[NDEX. 


Section  i 

8.  Terms  of  Supreme  Court.  ! 

9.  Special  judges  of  Supreme  i 

Court.  I 

10.  Compensation  to  Supreme 

judges.  — Their  disqualiflca-  j 
tion  to  hold  office.  ; 

11.  Jurisdiction  of  Circuit  Courts. 

12.  Terms  of  Circuit  Courts. 

13.  Judicial  districts.  — Judge  of  | 

Circuit  Court  to  reside  in  his 
dstrict. 

14.  Superintending  and  appellate 

jurisdiction  of  Circuit  Courts. 

15.  Equity  jurisdiction  of  Circuit 

Courts. 

16.  Qualifications  of  judges  of  Cir-  i 

cuit  Courts.  i 

17.  Election  of  judges  of  Circuit  I 

Courts. — Term  of  office. 

18.  Compensation  of  the  same.  — j 

Disqualification  to  hold  other  [ 
office.  j 

19.  Clerks  of  Circuit  Courts.— Elec-  i 

tion. — Term  of  office. — To  be  j 
ex  officio  probate  clerk. 

20.  Interest,  consanguinity,  etc.,  to  | 

disqualify  judge  from  presid- 
ing. 

21.  Special  judges  of  Circuit  Courts. 

— Powers  of  same.  — Their 
qualifications. 

22.  Exchange  of  circuits. 

23.  Charge  to  juries. 

24.  Prosecuting  attorneys. — Term  of 

office. — Qualifications. 

25.  Judges  prohibited  from  practic- 

ing law. 

26.  Contempts  not  in  presence  of 

court  or  disobedience  of  pro- 
cess. 

27.  Removal  of  county  and  town- 

ship officers. 

28.  Jurisdiction  of  County  Courts. 

29.  Judges  of  County  Courts. — Elec- 

tion.— Term  of  office. — Quali- 
fications. 

30.  Quorum  of  the  county. — Powers. 

— Majority  must  sit. 

31.  Term  of  County  Courts. 

32.  Courts  of  Common  Pleas. — Juris- 

diction. 

33.  Appeals  from  County  Courts  and 

Court  of  Common  Pleas. 


Section 

34.  Courts  of  Probate. — Jurisdiction. 

— Terms. 

35.  Appeals  from  Probate  Courts. 

36.  Special  judges  for  County  and 

Probate  Courts. 

37.  Compensation  of  county  judge. 

— His  jurisdiction  in  absence 
of  circuit  judge  from  the 
county. 

38.  Justices  of  the  peace. — Election. 

— Term  of  office. — Commis- 
sion. 

39.  Number  of  justices  of  the 

peace. 

40.  Jurisdiction  of  justices  of  the 

peace. 

41.  Qualifications  of  justices  of  the 

peace. 

42.  Appeals  from  the  same. 

43.  Jurisdiction  of  corporation 

courts. 

44.  Pulaski  Chancery  Court. 

45.  Separate  Criminal  Courts  abol- 

ished. — Their  jurisdiction 
transferred  to  Circuit  Courts. 

46.  County  executive  officers.  — 

Term  of  office. — Compensa- 
tion of  assessors. 

47.  Constables. — Their  commissions. 

48.  Commissions  of  officers. 

49.  Style  and  process  of  indict- 

ments. 

50.  Vacancies  in  offices  provided 

for  in  article  7. 

51.  Appeals  in  cases  of  allowances 

for  or  against  counties,  cities 
or  towns. 

52.  Contested  election  for  county, 

township  or  municipal  offices.. 

ARTICLE  VIII. 

Apportionment. 

1.  Number  of  Representatives. — 

Ratio  of  the  same.  — Appor- 
tionment of  the  same. 

2.  Division  of  State  and  senatorial 

districts.  — Present  senatorial 
districts  and  apportionment  of 
Senators. 

3.  Principles  of  formation  of  sena- 

torial districts. 

4.  Apportionments,  when  to  be 

made. 


INDEX. 


XTU 


ARTICLE  IX.  ; 

Exemption.  \ 

Section  I 

1.  Exemption  of  personal  property  | 

of  persons  other  than  heads  | 
of  families  from  seizure  for 
debt.  : 

2.  Exemption  of  personal  property  ! 

of  heads  of  families.  ! 

3.  Homestead  exemption.  ] 

4.  Exemption  of  the  homestead  ! 

outside  of  city,  town  or  vil- 
lages. I 

5.  Exemption  of  homesteads  situ- 

ated in  city,  towns  or  villages. 

6.  Exemption  for  benefit  of  widow. 

— Proviso. — Rights  of  children 
during  minority. 

7.  Separate  property  of  married 

women. 

8.  Scheduling  of  separate  personal 

property  of  married  women. 

9.  Effect  of  exemptions  of  Consti- 

tution of  1868. 

10.  Homestead  exemptions  for  bene- 
fit of  minor  orphan  children. 

ARTICLE  X. 

Agriculture,  Mining  and  Manufacture. 

1.  Mining,  manufacturing  and  ag- 

ricultural bureau. 

2.  State  geologist.— Term  of  office. 

— Compensation. — Removal. 

3.  Exemption  from  taxation  of 

mines,  and  manufactures. 

ARTICLE  XI. 

Militia. 

1.  Persons  liable  to  military  duty. 

— Organization  of  militia. 

2.  Volunteer  companies. 

3.  Privilege  of  militia  from  arrest, 

muster,  etc. 

4.  Authority  to  call  volunteers 

and  militia, 

ARTICLE  XII. 

Municipal  and  Private  Corporations. 

1.  Revocation  of  existing  charters 

and  grants  for  non-user. 

2.  Limitation  of  power  of  incorpo- 

ration by  special  act. 

3.  Incorporation  of  cities  and 

towns. 


Section 

4.  Limitation  of  legislative  power 

of  municipal  corporations.  — 
Their  power  of  taxation.  — 
Payment  of  indebtedness. 

5.  Municipal  corporatioi,s  not  to 

become  stockholders. 

6.  General  incorporation  laws.  — 

Power  of  alteration  and  revo- 
cation. 

7.  State  not  to  be  interested  in 

stock  of  corporations,  etc. 

8.  Issue  and  increase  of  stock  to 

private  corporations. 

9.  Compensation  for  property  and 

right  of  way  taken  for  use  of 
corporations. 

10.  Legislation  authorizing  issue  of 

circulating  paper  prohibited. 

11.  Foreign  corporations. 

12.  State  not  to  assume  liabilities  of 

counties  or  corporations. — Ex- 
ceptions. 

ARTICLE  XIII. 

Counties,  County  Seats  and  County 
Lines. 

1.  Minimum  limits  of  counties  pre- 

scribed.— Exceptions. 

2.  Consent  of  voters  of  territory 

affected  requisite  to  change 
county  lines. 

3.  Change  of  county  seat. 

4.  Lines  of  new  counties. 

5.  Division  of  Sebastian  county 

into  two  districts. 

ARTICLE  XIV. 

Education. 

1.  Free  school  system. 

2.  School  funds  to  be  used  exclu- 

sively for  purposes  for  which 
set  apart 

3.  State  school  tax. — Poll  tax  for 

school  fund.  — School  district 
tax. 

4.  Supervision  of  public  schools, 

etc. 

ARTICLE  XV. 
Impeachment  and  Address. 

1.  Impeachments. — Judgment. 

2.  Power  of  impeachment. — Trial. 

3.  Removal  upon  address. 


9 


xviii 


INDEX. 


ARTICLE  XVI. 

Finance  and  Taxation. 

Section 

1.  Loan  of  public  credit  prohibited 

2.  Payment  of  State  debt. 

3.  Misappropriation  of  public 

money. 

4.  Salaries  and  fees.—  Clerks,  etc.. 

of  departments  of  State. 

5.  Uniform  rule  of  taxation. — Taxa- 

tion of  privileges,  etc. — Prop- 
erty exempt  from  taxation. 

6.  Exemption  by  statutory  enact- 

ment void. 

7.  Taxation  of  corporate  property. 

8.  Maximum  rate  of  State  taxes. 

9.  Maximum  rate  of  county  taxes 

10.  County  and  municipal  taxes,  in 

what  payable. 

11.  Levy  and  specific  appropriation 

of  taxes. 

12.  Disbursements. 

13.  Right  of  citizens  to  sue  in  be- 

half of  inhabitants  of  county 
or  municipality. 

ARTICLE  XVII. 

Railroads,  Canals  arid  Turnpikes. 

1.  They  are  public  highways.  — 

Transportation  companies  com- 
mon carriers. — Railroads  have 
right  to  connect  and  cross  each 
other. 

2.  Transportation  companies  to 

maintain  office  in  State.  — 
Transfers  of  stock. 

3.  Equal  right  to  transportation. — 

Regulation  of  charters. 

4.  Parallel  or  competing  lines  of 

transportation  not  to  be  con- 
solidated or  controlled  by  same 
parties. 

B.  Prohibitions  upon  officers,  etc., 
of  transportation  companies. 

6.  Discrimination  of  charges  be- 

tween transportation  com- 
panies and  individuals  pro- 
hibited. 

7.  General  Assembly  to  prevent 

grant  of  free  passage  to  State 
officers. 

8.  Conditions  of  remission  and  of 

forfeiture  of  charter  or  legis- 
lation favorable  to  corpora- 
tions. 


Section 

9.  Eminent  domain  over  property 
of  corporations. 

10.  To  prevent  abuses  by  transpor- 

tation companies. 

11.  Movable  property  of  corpora- 

tions personal  property. — Not 
to  be  exempted  from  taxation. 

12.  Damages  to  railroads  to  persons 

and  property. 

13.  Annual  report  of  railroad  com- 

panies to  auditor. 

ARTICLE  XVIII. 

Judicial  Circuits. 

1.  Division  into  judicial  circuits. 

ARTICLE  XIX. 
Miscellaneous  Provisions. 

1.  Disqualifications  of  atheists. 

2.  Dueling. 

3.  Electors  only  qualified  for  office. 

4.  Residence,  etc.,  of  officers. 

5.  Officers  to  continue  in  office  until 

qualification  of  successors. 

6.  Plurality  of  offices. 

7.  Forfeiture  of  residence. 

8.  Deductions  from  salaries  of  offi- 

cers. 

9.  Creation  of  additional  perma- 

nent State  offices  prohibited. 

10.  Returns  of  election,  to  whom 

made. 

11.  Salaries  of  State  officers. — Fees 

and  maximum  salaries  of  State 
officers. 

12.  Publication  of  receipts  and  ex- 

penditures of  public  money. 

13.  Usury  and  rate  of  interest. 

14.  Lo-tteries  prohibited. 

15.  Contracts  for  stationery,  etc.,  for 

State  government. 

16.  Contracts  for  public  buildings, 

bridges,  etc. — Care  of  paupers. 

17.  Revision,  publication,  etc.,  of 

laws. 

18.  Security  of  miners  and  travelers. 

19.  Education  of  deaf  and  dumb, 

blind  and  insane. 

20.  Oath  of  office. 

21.  Securities  upon  official  bonds. 

22.  Amendments  to  Constitution, 

how  originated. — To  be  pub- 
lished and  submitted  to  the 
people. 


INDEX. 


xix 


Section 

23.  Maximum  of  officers’  salaries 

and  fees. 

24.  Contested  elections  not  herein 

specifically  provided  for. 

25.  Seal  of  State. 

26.  Officers  elig-ible  to  executive  and 

judicial  office. 

27.  Assessments  on  real  property  for 

local  improvements  in  towns 
and  cities. 

SCHEDULE. 

1.  Retention  of  existing  laws. — Dis- 

tinction between  sealed  and  un- 
sealed instruments. 

2.  Competency  of  witnesses. 

3.  First  general  election  of  officers 

and  election  for  submission  of 
Constitution  to  the  people. 

4.  Qualifications  of  voters  thereat. 

6.  Notice  thereof. 

6.  Governor’s  proclamation  enjoin- 

ing good  order  at  such  elec- 
tions. 

7.  State  board  of  supervisors  of 

elections. 

8.  County  boards  of  the  same. 

9.  Poll  books  and  ballot  boxes  for 

the  election. 

10.  Distribution  to  officers  of  the 

election  of  copies  of  the  Con- 
stitution. 

11.  Judges  of  the  election  and  the 

election  clerks. 

12.  Conduct  of  the  election. — Quali- 

fications of  voters,  how  de- 
cided. 

13.  Style  of  ballot. 

14.  Deposit  of  tickets.  — Elector  to 

vote  only  in  township  or  ward 
of  residence. 


Section 

15.  Drinking  houses  to  be  closed  on 

day  of  election. 

16.  Hours  of  voting. — Counting  of 

ballots. — Disposition  of  returns. 

17.  Publication  of  result  of  election 

on  adoption  of  Constitution. — 
List  of  members  of  General 
Assembly  elect  to  be  certified 
by  General  Assembly. 

18.  All  officers  chosen  at  this  elec- 

tion to  be  commissioned  by  the 
Governor. 

19.  First  election  of  Representatives 

and  Senators.  — Their  certifi- 
cates of  election. 

20.  Officers  elected  other  than  State 

officers,  when  to  enter  upon 
their  duties. 

21.  Prior  incumbents  to  vacate  their 

offices. 

22.  Time  of  convening  the  first  ses- 

sion of  General  Assembly. 

23.  Transfer  of  jurisdiction  from 

boards  of  supemdsors  to 
County  Courts;  from  Criminal 
Courts  to  County  Courts,  and 
of  probate  business  to  Probate 
Courts. 

24.  Present  incumbents  to  continue 

in  office  until  qualification  of 
successors.  — Commissioner  of 
State  Lands. 

25.  Penalty  of  fraud  by  officers  of 

the  election,  or  other  persons. 

26.  Tenure  of  officers  chosen  at  the 

election. — Time  of  next  general 
election. 

27.  Appropriation  to  defray  expenses 

of  the  election. 

28.  Present  salaries  of  State  officers. 

— Per  diem  and  mileage  of 
members  of  General  Assembly. 


XX 


INDEX. 


CALIFOENIA. 


Articles 

1.  Declaration  of  rights. 

2.  Rights  of  suffrage.  . 

3.  Distribution  of  powers. 

4.  Legislative  department. 

5.  Executive  department. 

6.  Judicial  department. 

7.  Pardoning  power. 

8.  Militia. 

9.  Education. 

10.  State  institutions  and  public 

buildings. 

11.  Counties,  cities  and  towns. 

12.  Corporations. 

13.  Revenue  and  taxation. 

14.  Water  and  water  rights. 

15.  Harbor  frontage,  etc. 

16.  State  indebtedness. 

17.  Land  and  homestead  exemp- 

tion. 

18.  Amending  and  revising  the  Con- 

stitution. 

19.  Chinese. 

20.  Miscellaneous  subjects. 

21.  Boundary. 

22.  Schedule. 

Preamble. 

ARTICLE  I. 

Heclaration  of  Rights. 

Section 

1.  Personal  rights  and  protection 

of  property. 

2.  Government  in  the  hands  of  the 

people. 

3.  The  State  inseparable  from  the 

Union. 

4.  Freedom  of  religious  thought 

and  worship. 

5.  Privilege  of  writ  of  habeas  cor- 

pus. 

6.  Bail  shall  not  be  excessive,  nor 

witnesses  unreasonably  de- 
tained. 

7.  Jury,  trial  by. 

8.  Prosecution  by  information  af- 

ter examination  and  commit- 
ment by  magistrate.  — Grand 
jury  summoned  once  a year. 


Section 

9.  Freedom  of  speech  and  of  the 
press. 

10.  The  people  have  the  right  to 

petition  the  Legislature. 

11.  General  laws  to  have  uniform 

operation. 

12.  Military  subordinate  to  civil 

power. — No  standing  army. 

13.  No  right  to  be  put  in  jeopardy 

twice  for  same  offense. — Right 
of  speedy  and  public  trial. 

14.  Private  property,  rights  of. 

15.  Imprisonment  for  debt. 

16.  Obligations  of  contracts  not  to 

be  impaired  by  the  passing  of 
any  law. 

17.  Naturalized  foreigners,  rights  of. 
IS.  Slavery  not  legal. 

19.  Personal  and  property  rights 

against  unreasonable  seizures 
and  searches. 

20.  Treason  against  the  State. 

21.  Legislature  has  right  to  revoke 

all  privileges  granted. 

22.  Provisions  of  this  Constitution 

are  mandatory  and  prohibi- 
tory. 

23.  This  enumeration  of  rights  not 

to  impair  others  held  by  the 
people. 

24.  No  property  qualification  for 

right  to  vote. 

ARTICLE  II. 

Right  of  Suffrage. 

1.  Vote,  requirements  to. 

2.  Electors  exempt  from  arrest  on 

day  of  election. 

3.  Military  duty,  exemption  from. 

4.  No  loss  of  residence  by  those  in 

service  of  United  States. 

5.  All  elections  by  the  people  shall 

be  by  ballot. 

ARTICLE  III. 

Distribution  of  Powers. 

1.  The  powers  of  State  govern- 
ment are  legislative,  executive 
and  judicial. 


INDEX. 


XXI 


ARTICLE  IV. 

Legislative  Department. 

Section 

1.  Legislative  power  of  the  State 

is  in  the  Senate  and  Assembly. 

2.  Time  for  sessions  of  Legislature. 

3.  Time  for  electing  members  and 

their  term  of  office. 

4.  Term  of  office  of  Senators. 

5.  The  numbers  composing  Senate 

and  Assembly. 

6.  State  divided  into  forty  senator- 

ial and  eighty  assembly  dis- 
tricts. 

7.  Each  house  to  choose  its  own  | 

officers. 

8.  Majority  of  each  house  consti- 

tutes a quorum. 

9.  What  is  required  to  expel  a 

member. 

10.  Journal  of  proceedings  to  be 

kept  by  each  house. 

11.  Members  privileged  from  arrest,  i 

— Exceptions.  | 

12.  Vacancies,  how  filled. 

13.  Doors  of  each  house  to  be 

opened. — Exceptions. 

14.  Adjournment,  regulations  as  to. 

15.  No  law  to  be  passed  except  by 

bill. 

16.  Veto  by  Governor. 

17.  Impeachment,  sole  power  in 

Legislature. 

18.  Impeachment,  those  liable  to. 

19.  Restrictions  in  regard  to  ap- 

pointments of  Senators  and 
members  of  assembly  to  any 
civil  office. 

20.  No  person  is  eligible  for  office 

in  this  State  if  holding  a lu- 
crative office  under  the  United 
States. 

21.  No  embezzler  or  defaulter  may 

hold  office  in  this  State. 

22.  State  treasury  and  appropria- 

tions. 

23.  Pay  of  members  of  Legislature. 

24.  Subject  of  every  act  to  be  in  its 

title  and  to  be  in  the  English 
language  only. 

25.  Thirty-three  cases  in  which  the 

Legislature  shall  not  pass  local 
or  special  laws. 

26.  Lotteries  and  gift  enterprises. 


Section 

27.  Congressional  districts,  division 

for. 

28.  Viva  voce  vote  required  in  Leg- 

islature. 

29.  General  appropriations. 

30.  Appropriations  not  to  be  made 

for  any  sect,  church  or  creed. 

31.  No  authority  for  giving  or  lend- 

ing credit  of  State  to  any  per- 
son, association  or  corpora- 
tion. 

32.  No  authority  for  any  extra  com- 

pensation to  a public  officer, 
etc. 

33.  Regulation  of  compensation  for 

services  performed  and  for 
commodities  furnished. 

34.  Only  one  item  in  bill  for  appro- 

priations. 

35.  Bribery  and  influence  of  vote  of 

members  of  Legislature. 

ARTICLE  V. 

Executive  Department. 

1.  Supreme  executive  power  vested 

in  the  Governor. 

2.  Election  of  Governor. 

3.  Qualifications  for  Governor. 

4.  Election  of  Governor,  how  de- 

termined. 

5.  Commander  in-chief. 

6.  Duties  of  Governor. 

7.  He  shall  see  that  the  laws  are 

faithfully  executed. 

8.  Vacancies  in  office,  how  filled. 

9.  May  call  extra  sessions. 

10.  Governor’s  message. 

11.  Governor  has  power  to  adjourn 

Legislature. 

12.  Governor  may  not  hold  office 

under  United  States  except  as 
provided. 

13.  Seal  of  State  to  be  kept  by 

Governor. 

14.  Grants  and  commissions. 

15.  Lieutenant-Governor,  election, 

qualifications  and  eligibility. 

16.  When  to  act  as  Governor. 

17.  Election  of  executive  officers. 

18.  Secretary  of  State,  his  duties. 

19.  Compensation  of  executive  of- 

ficers. 


XXll 


INDEX. 


Section 

20.  Governor  while  in  office  may 
not  be  elected  United  States 
Senator. 

ARTICLE  VI.  I 

Judicial  Department.  \ 

1.  Judicial  power,  where  vested.  j 

2.  Supreme  Court.— Chief  and  asso-  | 

date  judges,  their  duties  and  j 
powers.  j 

3.  Election  and  term  of  office  of 

same.  | 

4.  Supreme  Court,  power  of. 

6.  Jurisdiction  of  the  Superior 
Court.  1 

6.  Superior  Courts,  number  of  the 

same.  — Number  of  sessions, 
choice  of  presiding  judge,  his 
duties  and  term  of  office. — 
Vacancies,  how  filled. 

7.  Number  of  sessions  in  particu- 

lar cases. 

8.  Judge  pro  tempore  of  Superior 

Court,  how  appointed. 

9.  Penalty  for  a judge  to  leave  the 

State  for  more  than  sixty 
days. 

10.  Justices  of  Supreme  and  judges 

of  Superior  Courts  may  be  re- 
moved by  Legislature. 

11.  Number  of  justices  of  the  peace, 

their  duties  and  responsibili- 
ties. 

12.  Courts  of  Record,  what  are. 

13.  Jurisdiction,  powers,  duties  and 

responsibilities  of  inferior  j 
courts  and  judges  thereof  j 
shall  be  fixed  by  law.  ; 

14.  Clerk  of  Supreme  Court. — Conn-  | 

ty  clerks,  election  to  be  pro-  i 
vided  for  by  the  Legislature.  1 
Appointment  of  commissioners.  ! 

16.  Fees  and  perquisites  of  office,  | 
who  may  receive  the  same.  | 

16.  Publication  of  opinions  of  the  1 

Supreme  Court.  j 

17.  Salaries  of  justices  of  the  Su-  j 

preme  Court  and  of  judges  of  i 
Superior  Courts.  , 

18.  Justices  of  Supreme  Court  and 

judges  of  Superior  Courts  may 
hold  no  other  office.  j 

19.  Judges’  charge  to  juries.  ' 


Section 

20.  How  prosecutions  shall  be  con- 

ducted. 

21.  Reporter  for  Supreme  Court. — 

Term  of  office  and  salary. 

22.  Judge  of  Court  of  Record. 

23.  Eligibility  for  justice  of  Su- 

preme Court  and  for  judge  of 
Superior  Court. 

24.  In  regard  to  judges  drawing 

monthly  salary. 

ARTICLE  VII. 

Pardoning  Poicer. 

1.  Governor  has  power  of  reprieve 
and  pardon. 

ARTICLE  VIII. 

Militia. 

1.  Organization  of  militia. — Elec- 

tion of  officers. 

2.  Flag  which  militia  may  carry 

while  under  arms. 

ARTICLE  IX. 

Education. 

1.  Encouragement  of  education. 

2.  Superintendent  of  public  In- 

struction— his  election  and  sal- 
ary. 

3.  Superintendent  of  schools. 

4.  For  the  support  of  common 

schools. 

5.  Free  schools  to  be  open  at  least 

six  months  in  every  year. 

6.  Grades  of  public  school  system. 

7.  State  board  of  education  and 

text-books. 

8.  Sectarian  or  denominational 

schools  and  public  money. 

9.  The  University  of  California. 

ARTICLE  X. 

State  Institutions  and  Public  Buildings. 

1.  State  board  of  prison  directors. 

2.  Duties  of  the  same. 

3.  Prison  officers. 

4.  Compensation  of  the  board. 

5.  Regulation  of  the  duties  of  the 

board,  wardens  and  clerks. 

6.  Convict  labor. 


INDEX. 


xxm 


ARTICLE  XI. 

Counties,  Cities  and  Toicns. 

Section 

1.  Counties.  < 

2.  Removal  of  county  seat. 

3.  Formation  of  new  counties  and 

enlargement  of  others. 

4.  County  government. 

5.  County  officers. 

6.  Organization  of  cities  and 

towns. 

7.  Consolidation  of  city  and  county 

governments. 

8.  City  charters. 

9.  County,  city  town  and  munici- 

pal officers — their  pay  and 
term  of  office. 

10.  Taxes  for  State  purposes — No 

release  from. 

11.  Local  and  police  regulations. 

12.  Legislature  has  no  power  to  im- 

pose taxes  upon  counties, 
cities  and  towns. 

13.  It  may  not  delegate  any  special 

commission  or  private  corpo- 
ration to  have  control  of 
county  or  town  money,  prop- 
erty or  effects. 

14.  Inspectors,  measurers,  etc. 

15.  Private  property  may  not  be 

sold  for  payment  of  the  cor-  j 
porate  debt  of  any  political  or 
municipal  corporation. 

16.  County,  city  or  town  money. — 

Disposition  of  same. 

17.  Use  of  public  money  for  private 

purposes. 

18.  Indebtedness  may  not  be  in- 

curred that  is  greater  than  the 
income  for  the  year  without 
the  assent  of  two-thirds  of  the 
qualified  electors. 

19.  In  case  public  works  are  not 

owned  or  controlled  by  muni- 
cipality. 

ARTICLE  XIT. 

Corporations. 

1.  How  corporations  are  formed. 

2.  Dues  from  corporations. 

3.  Liability  of  stockholders. 

4.  Corporations — what  is  included 

in  the  term. 


Section 

5.  No  charters  for  banking  pur- 

poses.— Lawful  money. 

6.  Charters  and  grants  existing 

before  this  Constitution  if  not 
in  bona  fide  organization  have 
no  validity. 

7.  Extension  of  franchise  of  char- 

ter. 

8.  Right  of  eminent  domain. 

9.  Not  to  engage  in  other  business. 

10.  Leasing  or  alienation  of  fran- 

chise. 

11.  Increase  of  stock  or  bonds. 

12.  Vote  of  stockholders  and  elec- 

i tion  of  directors. 

; 13.  Loan  of  State  credit. 

14.  Books  of  corporations  open  for 

inspection. 

15.  Corporations  organized  out  of 

this  State. 

16.  Place  where  corporation  maybe 

sued. 

17.  Common  carriers.  Rights  of 

railroads  to  cross  each  other. 

18.  Restrictions  in  regard  to  officers 

and  employes’  interest  in  any 
railroad  or  canal  of  those  who 
are  not  stockholders. 

19.  Free  passes  and  penalty  for  ac- 

cepting the  same. 

20.  Contracts  of  common  carriers 

with  vessels,  etc.  In  regard 
to  lowering  rates  for  passen- 
gers and  freight. 

21.  No  discrimination  in  charges. 

22.  Division  of  the  State  into  dis- 

tricts for  election  of  railroad 
commissioners.  Salary  and 
term  of  office  of  same.  Duties 
of  commissioners. 

23.  Enumeration  of  railroad  dis- 

tricts. 

24.  Legislature  to  pass  laws  for  en- 

forcement of  provisions  of 
this  article. 


ARTICLE  XIII. 

llevenve  and  Taxation. 

1.  Taxes.  Definition  of  the  word 

property. 

2.  Assessment,  how  made. 


XXIV 


INDEX. 


Section  ] 

3.  Assessment  of  more  than  640  j 

acres  of  land.  Assessment  of 
small  tracts. 

4.  Mortgage,  and  of  trust,  or  con- 

tract. 

5.  When  a contract  is  null  and 

void. 

6.  Power  of  taxation  not  to  be 

surrendered. 

7.  Power  of  Legislature  to  provide 

by  law  for  payment  of  taxes. 

8.  Statement  of  property  owned. 

9.  Board  of  equalization. 

10.  Manner  of  assessing  property. 

11.  Income  taxes. 

12.  Levy  and  collection  of  poll  tax. 

13.  Legislature  . to  pass  laws  to 

carry  out  provisions  of  this 
article. 

ARTICLE  XIV. 

Water  ami  Water  Rightfi. 

1.  Water  rights  under  control  of 

State. 

2.  Collection  of  rates. 

ARTICLE  XV. 

Harbor  Frontage,  Etc. 

1.  Right  of  eminent  domain. 

2.  Navigation  of  waters  and  right 

of  way. 

3.  Tide  lands. 

ARTICLE  XVI. 

State  Indebtedness. 

1.  Extent  of  liability. 

ARTICLE  XVII. 

Land  and  Homestead  Exemption. 

1.  Rights  of  the  homestead. 

2.  In  regard  to  holding  large  tracts 

of  land. 

3.  Granting  of  State  lands. 

ARTICLE  XVIII. 

Ameiiding  and  Revising  the  Constitu- 
tion. 

1.  Constitution  may  be  amended. 

2.  Revision  of  Constitution. 


ARTICLE  XIX. 

Chinese. 

Section 

1.  Aliens,  paupers,  criminals  and 
contagious  diseases, 
i 2.  Employment  of  Chinese. 

3.  Employment  of  Chinese  by 

State. 

4.  Coolie  labor. 

ARTICLE  XX. 
i Miscellaneous. 

I.  Seat  of  government 
i 2.  Dueling. 

3.  Oath  of  office. 

4.  Election  or  appointment  of  offi- 
cers not  provided  for  by  Con- 
stitution. 

5.  Fiscal  year. 

6.  Suits  against  the  State. 

7.  Contract  of  marriage. 

8.  Property  of  husband  and  wife. 

9.  No  perpetuities  allowed  except 
for  eleemosynary  purposes. 

10.  Offering  bribe  disqualifies  for 

holding  office. 

II.  Person  convicted  of  bribery, 

perjury,  forgery,  etc. 

12.  Absence  from  State  in  regard 

to  residence. 

13.  Plurality  of  votes. 

14^  State  board  of  health. 

15.  Mechanics,  laborers,  etc.,  have 

lien  on  property  for  value  of 
labor  done. 

16.  Term  of  any  officer  or  com- 

missioner when  not  provided 
for  by  Constitution. 

17.  Eight  hours  a day’s  work. 

18.  Rights  of  both  sexes  to  carry 

on  business. 

19.  In  regard  to  payment  of  expen- 

ses of  the  convention  framing 
j this  Constitution. 

20.  When  election  of  officers  shall 

be  held. 

ARTICLE  XXL 
Boundary. 

j 1.  The  boundary  of  the  State. 

j ARTICLE  XXII. 

* Schedule. 

\ 1.  Provisions  as  to  existing  laws. 

; 2.  In  regard  to  obligations,  recog- 


INDEX. 


XXV 


Section 

nizances  and  all  other  instru- 
ments entered  into  before  the 
adoption  of  this  Constitution. 

3.  Abolishment  of  courts. 

4.  In  regard  to  printing  the  Con- 

stitution. 

5.  Printing  of  ballots. 

6.  Duties  of  clerks  of  the  counties 

in  regard  to  elections. 

7.  Those  who  may  vote  for  or 

against  the  adoption  of  this 
Constitution. 


Section 

8.  Receiving  returns. 

9.  Returns  of  votes  for  Consti- 

tion. — Proclamation  by  Gover- 
nor. 

10.  Terms  of  officers  at  first  elec- 

tion under  this  Constitution. 

11.  Laws  applicable  to  judicial  sys- 

tem created  by  this  Constitu- 
tion. 

12.  When  this  Constitution  shall 

take  effect. 


COLOKADO. 


Article 

1.  Boundaries. 

2.  Bill  of  rights. 

3.  Distribution  of  powers. 

4.  Executive  department. 

5.  Legislative  department. 

6.  Judicial  department. 

7.  Suffrage  and  elections. 

8.  State  institutions. 

9.  Education. 

10.  Revenue. 

11.  Public  indebtedness. 

12.  Officers. 

13.  Impeachments. 

14.  Counties. 

15.  Corporations. 

16.  Mining  and  irrigation. 

17.  Militia. 

18.  Miscellaneous. 

19.  Future  amendments. 

Schedule. 

ARTICLE  I. 

Boundaries. 

Section 

1.  The  boundaries  of  the  State  shall 
be  as  follows. 

ARTICLE  II. 

Bill  of  Rights. 

1.  All  political  power  is  vested  in 

the  people. 

2.  The  people  have  the  sole  and  ex- 

clusive right  to  govern,  them- 
selves. 

3.  They  have  certain  inalienable 

rights. 


Section 

4.  Freedom  of  religious  thought 

and  worship. 

5.  All  elections  shall  be  free  and 

open. 

6.  The  courts  shall  be  open  and 

justice  administered  without 
sale  or  delay. 

7.  Unreasonable  searches  and  seiz- 

j ures  forbidden. 

j 8.  How  all  persons  shall  be  pro- 
ceeded against  criminally. 

9.  Treason  against  the  State  de- 
fined. 

10.  Freedom  of  speech. — In  prose- 
cutions for  libel,  the  truth  may 
I be  given  in  evidence. 

I 11.  That  no  ex  post  facto  law  shall 
be  passed. 

j 12.  No  person  shall  be  imprisoned 
I for  debt,  unless. 

13.  The  right  to  bear  arms. 

14.  Private  property  not  to  be  taken 

j for  private  use,  except. 

j 15.  Private  property  not  to  be  taken 
for  public  or  private  use,  with- 
out just  compensation. 

16.  In  all  criminal  prosecutions  the 

accused  shall  have  the  right 
to  appear  and  defend  in  person 
and  with  coun.sel. 

17.  Witnesses  not  to  be  unneces- 

sarily detained. 

I 18.  No  person  compelled  to  testify 
against  himself. — No  person 
; put  in  jeopardy  twice  for  the 

same  offense. 


XXVI 


INDEX. 


Section 

19.  Bail  shall  be  accepted,  except 

for  capital  offenses. 

20.  Excessive  bail  or  excessive  fines 

shall  not  be  required,  nor  cruel 
punishments  indicted. 

21.  The  privileges  of  the  writ  of 

habeas  corpus. 

22.  The  military  subordinate  to  the 

civil  power. 

23.  The  right  of  trial  by  jury  shall 

remain  inviolate  in  criminal 
cases. 

24.  The  people  have  the  right  to 

assemble  peaceably  to  consult 
for  the  common  good. 

25.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

26.  Slavery  and  involuntary  servi- 

tude prohibited,  except  as  pun- 
ishment for  crime. 

27.  The  rights  of  aliens. 

28.  Enumeration  of  certain  rights 

in  this  Constitution  not  to  im- 
pair others  retained  by  the 
people. 

ARTICLE  III. 

Distribution  of  Powers. 

1.  The  legislative,  executive  and 
judicial. 

ARTICLE  IV. 

Executive  Department. 

1.  The  executive  department  to  con- 

sist of  whom. 

2.  The  supreme  executive  power  of 

the  State  vested  in  the  Gover- 
nor. 

3.  The  manner  of  electing  State 

officers. — In  case  of  tie,  how 
decided. 

4.  To  be  eligible  for  the  office  of 

Governor,  etc. 

5.  The  Governor  shall  be  Com- 

mander-in-Chief  of  the  militia. 

6.  The  Governor  shall  nominate 

those  officers  whose  offices  are 
established  by  this  Constitu- 
tion.— In  case  of  vacancies, 
how  filled. 

7.  The  Governor  shall  have  power 

to  grant  reprieves  and  par- 
dons. 


Section 

8.  He  may  require  information 

from  the  officers  of  the  execu- 
tive department. 

9.  He  may,  «n  extraordinary  occa- 

sions, convene  the  General  As- 
sembly. 

10.  In  case  of  a disagreement  be- 

tween the  two  houses  as  to  the 
time  of  adjournment,  he  may 
adjourn  the  same. 

11.  Every  bill  shall  be  signed  by  the 

Governor  before  becoming  a 
law, 

12.  The  Governor  shall  have  the 

power  to  disapprove  of  any 
item  or  items  of  any  bill  mak- 
ing appropriations  of  money. 

13.  When  the  Lieutenant-Governor 

shall  act  as  Governor. 

14.  He  shall  be  president  of  the 

Senate  and  shall  vote  only  in 
case  of  t'e. 

15.  When  the  president  of  the  Sen- 

ate pro  tern,  shall  act  as 
Lieutenant-Governor. 

16.  An  account  of  all  moneys  re- 

ceived and  disbursed  to  be 
kept  and  a report  to  be  made. 

17.  Executive  officers  to  report  to 

the  Governor. 

18.  The  seal  of  State  to  be  kept  by 

the  Secretary  of  State. 

19.  The  salaries  of  officers  named  in 

section  1 of  this  article. 

20.  The  Superintendent  of  Public 

Instruction. 

21.  Neither  the  State  Treasurer  nor 

State  Auditor  shall  be  eligible 
for  re-election  as  his  own  im- 
mediate successor. 

ARTICLE  V. 

Legt  slat  ire  Departmen  t . 

1.  The  Legislative  power  is  vested 

in  the  General  Assembly. 

2.  The  time  for  holding  the  first 

General  Assembly. 

3.  Senators  shall  be  elected  for  four 

years.  Representatives  for  two. 

4.  To  be  eligible  for  the  office  of 

Representative  or  Senator. 

5.  The  Senators  shall  be  divided 

into  three  classes. 


INDEX. 


XXVll 


Section 

6.  Compensation  of  members  of 

the  General  Assembly. 

7.  Times  of  meeting-  of  the  Gen- 

eral Assembly. 

8.  No  Senator  or  Representative 

shall  be  appointed  to  any  civil 
office  under  the  State. 

9.  No  member  of  either  house  dur- 

ing his  term  shall  receive  an 
increase  of  salary. 

10.  President  of  the  Senate,  speaker 

of  the  House,  presidents  and 
speakers  of  House  and  other 
officers. 

11.  The  majority  of  each  house  shall 

constitute  a quorum. 

12.  Each  house  shall  determine  its 

rules  and  proceedings  and  pun- 
ish its  own  members  for  dis- 
orderly behavior. 

13.  Each  house  shall  keep  a journal 

of  its  proceedings. 

14.  Sessions  of  each  house  to  be 

open,  unless. 

15.  Neither  house  shall,  without  the 

consent  of  the  other,  adjourn 
for  more  than  three  days. 

16.  When  members  shall  be  privi- 

leged from  arrest. 

17.  No  law  shall  be  passed  except 

by  bill. 

18.  The  style  of  the  laws. 

19.  No  act  of  the  General  Assembly 

shall  take  effect  until  after 
ninety  days  after  its  passage, 
unless. 

20.  Requirements  for  a bill  to  be- 

come a law. 

21.  Only  general  appropriation  bills 

shall  contain  more  than  one 
subject. 

22.  Every  bill  shall  be  read  at 

length  on  three  different  days 
in  each  house. 

23.  Members  to  vote  by  ayes  and 

noes,  and  the  names  of  those 
voting  to  be  recorded  in  the 
journal. 

24.  No  law  shall  be  amended  by 

reference  to  its  title  only. 

25.  The  General  Assembly  shall  not 

pass  local  or  special  laws  in 
any  of  the  following  enumer- 
ated cases. 


Section 

26.  The  presiding  officer  of  each 

house  shall  in  the  presence  of 
each  house  over  which  it  pre- 
sides, sign  all  bills,  etc. 

27.  The  number,  duties  and  com- 

pensation of  officers  of  each 
house  shall  be  prescribed  by 
law. 

28.  No  bills  shall  be  passed  giving 

any  extra  compensation  to  any 
public  officer,  servant  or  em- 
ploye, etc.  ^ 

29.  In  regard  to  stationery,  printing, 

fuel,  etc. 

30.  Except  as  otherwise  provided  in 

this  Constitution,  no  law  shall 
extend  the  term  of  any  public 
officer  or  increase  or  diminish 
his  salary,  etc. 

31.  All  bills  for  raising  revenue  shall 

originate  in  the  House  of  Rep- 
resentatives. 

32.  The  general  appropriation  bill 

shall  embrace  nothing  else. 

33.  No  money  shall  be  paid  out  of 

the  treasury  except  upon  ap- 
propriation. 

34.  No  appropriations  shall  be  made 

for  charitable,  educational  or 
other  benevolent  purposes, 
which  are  not  under  the  abso- 
lute control  of  the  State. 

35.  The  General  Assembly  shall  not 

delegate  any  special  commis- 
sion, private  corporation,  etc., 
to  interfere  with  any  municipal 
improvement,  etc. 

36.  No  act  of  the  General  Assembly 

shall  authorize  the  invest- 
ment of  trust  funds  by  execu- 
tors, etc.,  in  the  bonds  or  stock 
of  any  private  corporations. 

37.  Th'e  power  to  change  the  venue 

in  civil  and  criminal  cases 
vested  in  the  courts. 

38.  No  obligation  or  liability  of  any 

person,  etc.,  shall  be  held  or 
owned  by  the  State. 

39.  Orders,  resolution  or  votes,  to 

which  the  concurrence  of  both 
house  may  be  necessary,  shall 
be  approved  by  the  Governor 
before  taking  effect. 


INDEX. 


xxviii 

Section 

40.  Members  of  either  house  may 

not  promise  to  give  their  vote 
or  influence  for  or  against  any 
measure;  should  he  do  so  he 
shall  be  deemed  guilty  of  I 
bribery. 

41.  Bribery  to  be  punished  in  such 

manner  as  shall  be  provided 
by  law. 

42.  The  offense  of  corrupt  solicita- 

tion shall  be  punished  by  fine  j 
aii(3  imprisonment.  ! 

43.  A member  who  has  a personal  | 

or  private  interest  in  any  mea-  i 
sure  shall  not  vote  thereon.  | 

44.  One  Representative  from  the  ■ 

Congress  of  the  United  States 
shall  be  elected  from  the  State  | 
at  large.  ; 

45.  A census  to  be  taken  in  1885  | 

and  every  tenth  year  there-  ; 
after. 

46.  The  Senate  shall  consist  of  | 

twenty-six,  and  the  House  of 
forty-nine  members.  ! 

47.  Senatorial  and  representative 

districts  may  be  altered  from 
time  to  time.  | 

48.  The  State  shall  be  divided  into 

the  above  districts  as  follows. 

49.  Until  an  apportionment  of  Rep- 

resentatives be  made  in  accord- 
ance with  the  provisions  in 
this  article,  they  shall  be  di- 
vided in  the  following  manner. 

ARTICLE  VI. 

Judicial  Department. 

1.  The  judicial  power  of  the  State 

is  vested  in  the  following 
courts. 

2.  The  jurisdiction  of  the  Supreme 

Court. 

3.  Its  power  and  authority. 

4.  Two  terms  of  the  Supreme  Court 

shall  be  held  each  year. 

5.  It  shall  consist  of  three  judges, 

a majority  to  form  a quorum. 

6.  The  manner  of  election. 

7.  Term  of  office  shall  be  nine 

years. 

8.  They  shall  be  classified  by  lot. — 

The  judge  having  the  shortest 
term  shall  be  Chief  Justice. 


Section 

9.  The  clerk  of  the  Supreme  Court. 
— His  duties  and  emoluments. 

10.  To  be  eligible  to  the  office  of 

Supreme  Court  judge. 

11.  The  District  Courts. — Their  jur- 

isdiction. 

12.  The  State  shall  be  divided  into 

judicial  districts. 

13.  Said  districts  shall  be  four  in 

number,  as  follows. 

14.  The  General  Assembly  may  in- 

crease number  of  judicial  dis- 
tricts. 

15.  The  judges  of  the  District  Court 

first  elected  shall  be  chosen  at 
the  first  general  election.  — 
Term  of  office. — District  attor- 
neys. 

16.  To  be  eligible  to  the  office  of 

District  Judge. 

17.  The  time  of  holding  courts  with- 

in said  districts  to  be  provided 
by  law. 

18.  Judges  of  the  Supreme  and  Dis- 

trict Courts. — Their  salary. — 
They  may  not  receive  further 
compensation  or  perquisites. 

19.  Clerk  of  the  District  Court. — His 

duties  and  compensation. 

20.  Terms  of  the  aforesaid  courts. 

21.  District  attorney. — His  term, 

duties  and  compensation. 

22.  Judge  of  the  County  Court.— His 

term  and  compensation. 

23.  County  Courts  shall  be  Courts 

of  Record,  and  shall  have 
original  jurisdiction  in  all 
matters  of  probate. 

24.  There  shall  be  a Criminal  Court 

in  each  county  having  a popu- 
lation exceeding  fifteen  thou- 
sand.— Its  jurisdiction. 

25.  Justices  of  the  peace. — Their 

jurisdiction. 

26.  Police  magistrates. 

27.  The  judges  of  Courts  of  Record, 

inferior  to  the  Supreme  Court, 
shall  report  in  writing  to  the 
judges  of  the  latter  such  de- 
fects and  omissions  in  the  laws 
as  their  knowledge  may  sug- 
gest. 


INDEX. 


XXIX 


Section 

28.  All  laws  relating  to  courts  shall 

be  general  and  of  uniform 
operation. 

29.  All  officers  provided  for  in  this 

article,  excepting  judges  of  the 
Supreme  Court,  shall  reside  in 
the  subdivision  for  which 
they  may  be  elected. 

30.  The  style  of  process. 

ARTICLE  VII. 

Suffrage  and  Elections. 

1.  To  be  eligible  to  vote. 

2.  The  General  Assembly  shall 

enact  laws  to  extend  the  right  | 
of  suffrage  to  women  of  law-  j 
ful  age,  and  otherwise  quali-  j 
fied  according  to  the  condi-  ! 
tions  of  this  article. 

3.  It  may  prescribe  by  law  an 

educational  qualification  for  i 
electors. 

4.  No  person  shall  be  deemed  to  i 

have  lost  or  gained  a resi-  | 
dence  while  in  the  civil  or  | 
military  service  of  this  State,  j 
or  the  United  States. 

5.  When  voters  are  to  be  privileged  ] 

from  arrest.  I 

6.  Only  qualified  electors  shall  be  j 

elected  or  appointed  to  any  j 
civil  or  military  office. 

7.  The  time  for  holding  the  general  | 

election.  ! 

8.  Elections  by  the  people  shall  be  j 

by  ballot.  i 

9.  In  case  of  contested  elections. 

10.  No  person  in  prison  shall  be  I 

entitled  to  vote,  etc.  j 

11.  Laws  shall  be  passed  to  secure  1 

the  purity  of  elections.  ! 

12.  By  whom  election  contests  are 

to  be  tried.  i 

ARTICLE  VIII.  I 

State  Institution.  j 

1.  Reformatory  and  other  institu-  | 

tions  shall  be  supported  by  the  ' 
State. 

2.  General  Assembly  shall  have  no 

power  to  change  or  locate  the  j 
seat  of  government.  j 

3.  When  the  seat  of  government  i 


! Section 

has  been  located  it  shall  not 
be  changed,  except  by  a two- 
thirds  vote  of  all  qualified 
electors. 

4.  No  appropriation  for  capitol 

buildings  or  grounds  until  seat 
of  government  shall  have  been 
permanently  located. 

5.  The  following  enumerated  Ter- 

ritorial institutions  shall  be- 
come institutions  of  the  State. 

ARTICLE  IX. 

Education. 

1.  Board  of  education. — Its  powers 

and  duties. 

2.  A uniform  system  of  free  public 

schools  shall  be  established. 

3.  Public  school  fund  of  the  State 

shall  remain  forever  inviolate. 

4.  The  duties  of  each  county  trea- 

surer. 

5.  What  the  school  fund  is  to  con- 

sist of. 

6.  A county  superintendent  of 

schools. — His  term,  duties  and 
compensation. 

7.  No  money  is  to  be  given  in  aid 

of  any  sectarian  societies  or 
schools. 

8.  No  religious  test  or  qualification 

shall  ever  be  required. 

9.  State  Board  of  Land  Commis- 

sioners to  consist  of  whom. 

10.  Their  duties. 

11.  All  children  between  the  ages 

of  six  and  eighteen  shall  attend 
school  for  a time  equivalent 
to  three  years. 

12.  There  shall  be  six  Regents  of 

the  University. — Their  term  of 
office. 

13.  There  shall  be  a president  of  the 

same. 

14.  The  duties  of  the  Board  of 

Regents. 

15.  School  districts  to  be  organized. 

16.  Text-books  shall  not  be  pre- 

scribed by  law. 

ARTICLE  X. 

Revenue. 

1.  When  the  fiscal  year  commences. 

2.  An  annual  tax  to  be  provided 

for. 


XXX 


INDEX. 


Section 

3.  All  taxes  shall  be  uniform  upon 

the  same  class  of  subjects, 

4.  The  property  of  the  State  and 

its  subdivisions  shall  be  ex- 
empt from  taxation. 

5.  Other  property  which  is  to  be 

exempted  from  taxation. 

6.  All  laws  exempting-  from  taxa- 

tion property  other  than  men- 
tioned herein  shall  be  void. 

7.  The  General  Assembly  shall  not 

impose  taxes  for  any  of  the 
subdivisions  of  the  State. 

8.  No  county,  city,  town  or  other 

municipal  corporation,  or  the 
inhabitants  thereof,  shall  be 
released  from  their  or  Its  pro- 
portionate share  of  taxes  to  be 
levied  for  State  purposes. 

9.  The  power  to  tax  corporations, 

etc.,  shall  never  be  suspended. 

10.  All  corporations  doing  business 

in  this  State  shall  be  subject 
to  taxation  for  State  and  other 
purposes, 

11.  The  rate  of  taxation  for  State 

purposes. 

12.  The  Treasurer  shall  make  a 

quarterly  report  to  the  Gov- 
ernor in  writing  under  oath. 

13.  The  making  of  profit  out  of 

public  moneys  shall  be  deemed 
a felony, 

14.  Private  property  should  not  be 

taken  or  sold  for  the  payment 
of  the  corporate  debt  of  mu- 
nicipal corporations. 

15.  State  Board  of  Equalization  to 

consist  of  whom. — Its  duties. 

16.  Expenditures  of  the  State  not  to 

exceed  the  total  tax,  unless. 

ARTICLE  XI. 

Public  Indebtedness. 

1.  Neither  the  State  nor  any  of  the 

subdivisions  shall  lend  or 
pledge  its  credit. 

2.  Neither  the  State  nor  any  of  its 
subdivision  shall  make  any 

grant  to,  or  become  a share- 
holder in  any  corporation  or 
company. 


Section 

3.  What  debts  and  loans  the  State 

may  contract. 

4.  In  no  case  shall  any  debt  above 

mentioned  in  this  article  be 
created  except  by  law. 

5.  A debt  for  the  purpose  of  erect- 

ing public  buildings  may  be 
created  by  law. 

6.  In  regard  to  counties  contracting 

debts. 

7.  In  regard  to  school  districts  con- 

tracting debts. 

8.  In  regard  to  cities  and  towns 

contracting  debts. 

9.  Nothing  contained  in  this  article 

shall  be  so  construed  as  to 
either  impair  or  add  to  the  ob- 
ligation of  any  debt  heretofore 
contracted  in  any  subdivision 
in  accordance  with  the  laws  of 
the  Territory,  etc. 

ARTICLE  XII. 

Officers. 

1.  The  terms  of  civil  ofRcers  under 

the  State. 

2.  OfRcers  must  devote  cheir  per- 

sonal attention  to  the  duties  of 
their  office. 

3.  No  officer  who  becomes  a de- 

faulter of  the  public  moneys 
shall  hold  an  office  of  trust  or 
profit  in  this  State. 

4.  Other  crimes  which  debar  from 

holding  office. 

5.  The  County  Treasurer. — His  ac- 

countability to  be  regulated  by 
law. 

6.  What  constitutes  bribery. 

7.  Every  member  of  the  General 

Assembly  to  take  an  oath  to 
support  the  Constitution  of  the 
United  States  and  of  this  State, 

8.  Other  ofRcers  who  are  to  do  the 

same. 

9.  Those  OfRcers  who  are  to  file 

their  oaths  of  office  with  the 
Secretary  of  State;  others  with 
the  County  Clerk, 

10.  If  any  person  shall  refuse  or 

neglect  to  qualify  for  office,  it 
shall  be  deemed  vacant. 

11,  The  term  of  any  officer  filling  a 

vacancy  shall  terminate  at  the 


INDEX. 


XXXI 


Section 

expiration  of  the  term  during 
which  the  vacancy  occurred. 

12.  Dueliing  debars  from  office. 

ARTICLE  XIII. 

Impeachment. 

1.  The  House  of  Representatives 

shall  have  the  sole  power  of  i 
impeachment. 

2.  Enumeration  of  officers  liable  to 

impeachment. 

3.  All  others  liable  to  removal  for 

misconduct. 

ARTICLE  XIV. 

Counties. 

1.  The  severai  counties  of  the  Ter- 

ritory to  be  declared  counties 
of  the  State. 

2.  How  county  seats  may  be  re-  | 

moved.  | 

3.  In  regard  to  the  striking  off  of 

a portion  of  any  county  to  add 
to  an  adjoining  county. 

4.  If  new  counties  are  established. 

— Their  liabilities. 

5.  When  part  of  a county  is  strick- 

en off  it  shall  be  held  liable  to 
pay  its  ratable  proportion  of 
all  then  existing  liabilities  in 
the  county  from  which  it  is 
taken. 

6.  County  commissioners. — Their 

election  and  duties. 

7.  The  compensation  of  ali  county 

and  precinct  officers  shall  be 
prescribed  by  law. 

8.  County  Clerk  and  other  county 

officers  to  be  elected. 

9.  In  case  of  vacancy  in  the  office 

of  county  commissioner  the 
Governor  shall  fill  by  appoint- 
ment. 

10.  To  be  eligible  to  county  office. 

11.  Justices  of  the  peace,  etc. — Their 

term  of  office. 

12.  The  General  Assembly  shall  pro- 

vide for  the  election  or  appoint- 
ment of  other  county,  town- 
ship, etc.,  officers. 

13.  It  shall  provide,  by  general  law. 

for  the  organization  and  classi- 
fication of  cities  and  towms. 


Section 

14.  Cities,  towns  and  villages  incor- 

porated by  special  or  local  law 
may  elect  to  become  subject  to 
and  be  governed  by  the  general 
law. 

15.  Compensation  of  county  and  pre- 

cinct officers  to  be  fixed  by 
law. 

ARTICLE  XV. 
Corporations. 

1.  In  regard  to  chartered  companies 

which  have  not  commenced 
business  at  the  adoption  of  this 
Constitution. 

2.  In  regard  to  granting,  extending 

and  amending  charters  by 
special  law. 

3.  The  General  Assembly  shall  have 

the  power  to  alter,  revoke,  or 
annul  any  charter. 

4.  Railroads  are  public  highways, 

and  railroad  companies  com- 
mon carriers. 

5.  Parallei  and  competing  lines  may 

not  consolidate. 

6.  No  unreasonable  discrimination 

shall  be  made  in  the  charges 
for  transportation  of  freight  or 
passengers. 

7.  No  railroad  or  other  transporta- 

tion company  shall  have  the 
benefit  of  future  legislation 
without  first  filing  in  the  office 
of  the  Secretary  of  State  an 
acceptance  of  the  provisions  of 
this  Constitution. 

8.  The  right  of  eminent  domain 

shall  never  be  abridged. 

9.  For  what  purpose  stocks  or 

bonds  may  be  issued. 

10.  Foreign  corporations  doing  busi- 

ness in  this  State  must  have 
one  or  more  known  places  of 
business. 

11.  No  street  railroad  shall  be  con- 

structed in  any  city,  etc.,  with- 
out the  consent  of  the  local 
authorities. 

12.  Laws  for  the  benefit  of  a rail- 

road or  other  corporation  or  in- 
dividual not  to  be  passed. 


XXXll 


INDEX. 


Section 

13.  Tele^aph  lines  may  be  con- 

structed and  maintained  within 
the  State. 

14.  In  regard  to  the  consolidation  of 

railroad,  telegraph  and  express 
companies  with  other  com- 
panies organized  out  of  this  j 
State. 

15.  In  regard  to  the  liability  of  cor- 

porations to  employes  injured 
while  in  their  employ. 

ARTICLE  XVI.  I 

Mining  and  Irrigation.  \ 

1.  Commissioner  of  mines. — The 

duties  and  salary. 

2.  The  law  shall  provide  for  the 

proper  ventilation  of  mines  and 
the  construction  of  escaping 
shafts,  etc. 

3.  Drainage  of  mines. 

4.  The  science  of  mining  and  met- 

allurgy to  be  taught  by  one 
or  more  institutions  of  learning 
in  the  State, 

5.  Public  waters. 

6.  The  right  to  divert  or  appropri- 

ate the  same. 

7.  In  regard  to  the  construction  of 

ditches,  canals  and  flumes. 

8.  The  board  of  county  commis- 

sioners may  establish  reason- 
able rates  for  the  use  of  water. 

ARTICLE  XVII. 

Militia. 

1.  Those  liable  to  serve  in  the 

militia. 

2.  The  organization,  equipment  and 

discipline  shall  be  uniform. 

3.  Certain  officers  to  be  commis- 

sioned and  appointed  by  the 
Governor. 

4.  The  General  Assembly  shall  pro 

vide  for  the  safekeeping  of 
public  arms,  military  records, 
relics,  etc. 

5.  Persons  having  conscientiou^= 

scruples  against  bearing  arms 

ARTICLE  XVIII. 

Miscellaneous. 

1.  The  General  Assembly  shall  pass 


Section 

liberal  homestead  exemption 
laws. 

2.  It  shall  have  no  power  to  au- 

thorize lotteries. 

3.  It  shall  pass  laws  necessary  and 

proper  to  decide  differences  by 
arbitrators. 

4.  The  term  felony  deflned. 

5.  General  Assembly  shall  prohibit 

by  law  the  importation  into 
this  State  for  sa^e  any  spur- 
ious, poisonous  or  drugged 
spirituous  liquors,  etc. — It  shall 
also  prohibit  the  sale  of  any 
such  liquors  to  be  used  as  a 
beverage. 

6.  The  forests  of  the  State  to  be 

preserved. 

7.  In  regard  to  increased  valuation 

of  private  lands. 

8.  The  General  Assembly  shall  pro- 

vide for  the  publication  of  the 
laws  passed  at  each  session 
thereof;  and,  until  the  year 
1900,  there  shall  be  published  in 
Spanish  and  German  a suffi- 
cient number  of  copies,  etc. 

ARTICLE  XIX. 

Future  Amendments. 

1.  The  convention  to  revise  or 

amend  the  Constitution  may  be 
called. 

2.  Amendments  may  be  proposed 

by  either  house. 

SCHEDULE. 

1.  All  laws  in  force  at  the  time  of 

this  Constitution  shall  remain 
in  force  until  they  expire. 

2.  Obligations  and  other  instru- 

ments entered  into  or  executed 
in  the  Territory  shall  pass  over 
to  the  State. 

3.  All  property,  real  and  personal, 

and  all  moneys,  credits,  etc., 
belonging  to  the  Territory 
shall  become  the  property  of 
the  State. 

4.  The  General  Assembly  shall  pass 

all  laws  necessary  to  carry  into 
effect  the  provisions  of  this 
Constitution. 


INDEX. 


xxxm 


Section 

5.  In  regard  to  the  causes  pending 

In  the  Supreme  Court  of  the 
Territory,  and  other  courts. 

6.  When  the  terms  of  judges  of  the 

Supreme  and  District  Courts 
and  district  attorneys  are  to 
begin. 

7.  The  seals  now  in  use  in  the  Su- 

preme and  District  Courts  of 
the  Territory  to  continue. 

8.  The  papers  and  proceedings  of 

the  Probate  Court  shall  pass 
into  the  jurisdiction  and  pos- 
session of  the  County  Court, 
etc.,  etc. 

9.  The  terms  Probate  Court  or 

probate  judge  shall,  after  the 
adoption  of  this  Constitution, 
apply  to  the  County  Court  or 
county  judge. 

10.  All  county  and  precinct  officers 

shall  hold  their  respective 
offices  for  the  full  time  for 
which  they  may  have  been 
elected. 

11.  How  vacancies  are  to  be  filled. 

12.  When  the  provisions  of  this  Con- 

stitution Shall  be  in  force. 

13.  In  case  of  a contested  election 

between  candidates. — How  set- 
tled. 


Section 

14.  How  votes  at  the  first  general 

election  shall  be  canvassed. 

15.  The  choosing  of  senators  and 

members  of  the  House  of  Rep- 
resentatives. 

16.  How  votes  cast  for  representa- 

vites  in  Congress  at  the  first 
election  held  under  this  Con- 
stitution shall  be  canvassed. 

17.  The  provision  of  the  Constitution 

that  no  bill,  etc.,  shall  not  ap- 
ply to  the  first  session  of  the 
General  Assembly. 

18.  A copy  of  the  abstracts  of  the 

votes  cast  at  the  first  General 
election  under  this  Constitu- 
tion.— What  is  to  be  done  with 
it. 

19.  Electors  in  the  electoral  college 

to  be  appointed. 

I 20.  After  1876  they  are  to  be  chosen 
by  a direct  vote  of  the  people. 

21.  The  General  Assembly  shall  have 

the  power  to  provide  for  the 
payment  of  the  expenses  of 
this  convention. 

22.  All  bail  bonds,  official  bonds  and 

other  obligations,  payable  to 
the  people  of  the  Territory 
may,  after  the  admission  of  the 
State,  be  prosecuted  in  the 
name  of  the  people  of  the  State. 


CONNECTICUT. 


ARTICLES. 

Article 

1.  Declaration  of  rights. 

2.  Of  the  distribution  of  powers. 

3.  Of  the  legislative  department. 

4.  Of  the  executive  department. 

5.  Of  the  judicial  department. 

6.  Of  the  qualifications  of  electors. 

7.  Of  religion. 

8.  Of  education. 

9.  Of  impeachments. 

10.  General  provisions. 

11.  Of  amendments  to  the  Consti- 

tution. 

Preamble 


ARTICLE  I. 

Declaration  of  Bights. 

Section 

1.  All  men  are  equal  in  rights. 

2.  Political  power  Inherent  in  the 

people. 

3.  Freedom  of  religious  thought 

and  worship. 

4.  No  preference  to  be  given  by 

law  to  any  sect  or  mode  of 
worship. 

5.  Freedom  of  speech  and  the 

press. 

6.  No  laws  ever  to  be  passed  to 

curtail  the  same. 


3 


XXXIV 


INDEX. 


Section 

7.  In  indictments  for  libels,  the 

truth  may  be  given  in  evi- 
dence. 

8.  No  unreasonable  seizures  or 

searches. 

9.  In  all  criminal  prosecutions  the 

accused  has  the  right  to  know 
the  nature  of  his  accusation. — 
He  shall  not  be  compelled  to 
give  evidence  against  him- 
self. 

10.  No  person  shall  be  arrested  ex- 

cept in  cases  clearly  war- 
ranted by  law. 

11.  Private  property  may  not  be 

4aken  for  public  use  without 
full  compensation. 

12.  All  courts  shall  be  open. — Justice 

to  be  administered  without 
sale. 

13.  Excessive  bail  shall  not  be  re- 

quired. 

14.  Bail  not  accepted  for  capital 

offenses. 

16.  No  person  shall  be  attainted  of 
treason  or  felony  by  the  Leg- 
islature. 

16.  The  citizens  have  the  right  to 

assemble  in  a peaceable  man- 
ner for  redress  of  grievances. 

17.  Citizens  have  the  right  to  bear 

arms. 

18.  The  military  to  be  subordinate 

to  the  civil  power. 

19.  Soldiers  not  to  be  quartered  In 

private  houses,  nor  in  time  of 
war  except  as  prescribed  by 
law. 

20.  No  heriditary  emoluments  nor 

honors  shall  be  granted  in  this  j 
State. 

21.  Right  of  trial  by  jury. 

ARTICLE  II. 

Of  the  Distribution  of  Powers. 

1.  They  shall  be  divided  into  the 
legislative,  executive  and  ju- 
dicial. 

ARTICLE  III. 

Of  the  Legislative  Department. 

1.  The  General  Assembly  divided 
into  the  Senate  and  the  House 
of  Representatives. 


Section 

2.  Time  and  place  for  holding  the 

assembly. 

3.  Representatives  must  be  elec- 

tors.— The  number  of. 

4.  The  Senate  to  consist  of  twelve 

members. 

5.  Ballots  for  Senators,  what  to  be 

done  with  them. 

6.  The  twelve  persons  having  the 

greatest  number  of  votes  for 
Senators  shall  be  declared 
to  be  elected. — In  case  of  tie. 
how  decided. 

7.  Both  houses  shall  choose  its 

officers,  except  the  Senate  its 
president. — A majority  of  each 
house  shall  constitute  a quo- 
rum. 

8.  Each  house  to  determine  the 

rules  of  its  own  proceedings.— 
Power  to  expel  a member. 

9.  Each  house  to  keep  a journal  of 

its  proceedings. 

10.  When  members  of  both  houses 

are  privileged  from  arrest. 

11.  Debates  of  each  house  to  be 

public,  except  in  certain  cases. 

ARTICLE  IV. 

Of  the  Executive  Department. 

1.  Supreme  executive  power  of  the 

State  is  vested  in  the  Gover- 
nor. 

2.  Election  of  the  Governor. — In 

case  of  tie. 

3.  Election  of  Lieutenant-Governor. 

— Term  of  office  same  as  Gov- 
ernor’s. 

4.  Compensation  of  Governor,  Lieu- 

tenant-Governor, Senators  and 
Representatives  to  be  fixed  by 
law. 

5.  The  Governor  shall  be  com- 

mander-in-chief of  the  militia. 

6.  He  may  require  information  in 

writing  from  the  officers  of 
the  executive  department. 

7.  The  Governor  may  in  case  of 

disagreement  between  the  two 
houses  adjourn  the  assembly. 

8.  Governor’s  message. 


INDEX. 


XXXV 


Section 

9.  He  shall  see  that  the  laws  are 
faithfully  executed. 

10.  He  may  grant  reprieves. 

11.  All  commissions,  to  bear  the 

State  seal  and  to  be  signed 
by  the  Governor.  ! 

12.  In  regard  to  the  passage  of 

bills  and  the  Governor’s  ap- 
proval of  the  same.  I 

13.  Lieutenant-Governor  to  be  presi-  ‘ 

dent  of  the  Senate. 

14.  When  the  Lieutenant-Governor 

shall  act  as  Governor. 

15.  When  the  president  of  the  Sen- 

ate shall  act  as  Governor. 

16.  President  of  the  Senate  pro 

tempore. 

17.  The  Treasurer,  his  powers  and 

duties. 

18.  The  Secretary,  his  powers  and  | 

duties'. 

19.  The  Comptroller  of  public  ac- 

counts, his  duties. 

20.  Sheriff  to  be  appointed  by  Gene- 

ral Assembly  in  each  county.  | 
— In  case  of  vacancy,  how 
filled. 

21.  A statement  of  all  receipts. 

payments  and  debts  of  the  i 
State  to  be  published. 

ARTICLE  V. 

Of  the" Judicial  Department. 

1.  The  judicial  powers  of  the  State. 

2.  Appointment  of  Justices  of  the 

Peace. 

3.  Appointment  of  all  Judges  and 

Justices  of  the  Peace  to  be  by 
General  Assembly. 

I 

ARTICLE  VI.  I 

Of  the  Qualifications  of  Electors.  I 

1.  All  persons  who  have  been  ad- 

mitted as  freemen  shall  be 
electors. 

2.  Requirements  to  become  a voter. 

3.  The  right  to  vote  forfeited  after 

conviction  of  certain  offenses. 

4.  Electors  eligible  for  any  office 

in  the  State  except  as  pro- 
vided for  in  the  Constitution. 


Section 

5.  Duties  of  selectmen  and  town 

clerk  in  regard  to  electors. 

6.  Privilege  of  free  suffrage. 

7.  Elections  of  State  officers  and 

members  of  General  Assembly. 
— Voting  shall  be  by  ballot. 

8.  Electors  to  be  free  from  arrest 

on  day  of  election. 

9.  Election  day,  when  to  be. 

ARTICLE  VII. 

Of  Religion 

1.  No  person  shall  be  forced  to 

belong  to  any  particular 
church  or  sect. — All  denomina- 
tions to  enjoy  equal  rights. 

2.  A person  may  separate  himself 

from  the  church  to  which  he 
belongs. 

ARTICLE  VHI. 

Of  Education. 

1.  The  charter  of  Yale  College  Is 

hereby  confirmed. 

2.  The  school  fund  shall  never  be 

used  for  any  other  purpose. 

ARTICLE  IX. 

Of  Impeachments. 

1.  Sole  power  in  the  House  of  Rep- 

resentatives. 

2.  All  impeachments  shall  be  tried 

by  the  Senate. 

3.  The  Governor  and  all  other  ex- 

ecutive officers  and  judicial 
officers  shall  be  liable  to  im- 
peachment. 

4.  Treason  against  the  State,  defi- 

nition of. 

ARTICLE  X. 

General  Provisions. 

1.  Oath  of  affirmation. 

2.  Each  town  to  elect  selectmen 

and  local  police  annually. 

3.  Rights  and  duties  of  corpora- 

tions to  remain  the  same  as  if 
this  Constitution  had  not  been 
adopted. 

4.  Those  who  may  not  be  members 

of  the  General  Assembly. 


XXXVl 


INDEX. 


ARTICLE  XI. 

Of  Amendments  to  the  Constitution. 
Section 

1.  The  manner  in  which  amend- 
ments to  the  Constitution  may 
be  made. 

Amendments  to  the  Constitution 

ARTICLE  I. 

Adopted  November,  1828. 

From  and  after  1830  the  Senate 
shall  consist  of  not  less  than  eigh- 
teen, nor  more  than  twenty-four 
members. 

ARTICLE  II. 

Adopted  November,  1828. 

The  General  Assembly,  which 
shall  be  held  on  the  first  Wednes- 
Qay  in  May,  1829,  shall  divide  the 
State  into  districts  for  the  choice 
of  Senators,  and  shall  determine 
the  number  which  shall  be  elected 
In  each. 

ARTICLE  III. 

Adopted  November,  1828. 

How  Senators  are  to  be  elected. 
In  case  of  tie,  how. 

ARTICLE  IV. 

Adopted  November,  1832. 

There  shall  annually  be  chosen  a 
Lieutenant-Governor,  Treasurer  and 
Secretary  as  is  provided  for  in 
article  IV,  section  20,  of  the  Con- 
stitution, for  the  choice  of  Gover- 
nor. 

ARTICLE  V. 

Adopted  November,  1836. 

A Comptroller  of  public  accounts 
shall  be  chosen  annually  by  the 
electors  at  their  meeting  in  April. 

ARTICLE  VI. 

Adopted  November,  1836. 

Electors  on  first  Monday  of  April 
in  each  year  may  vote  for  Governor 
and  all  the  State  officers,  or  for  any 
number  at  the  same  time. 


ARTICLE  VII. 

Adopted  October,  1838. 

Sheriff  to  be  appointed  in  each 
county  by  electors,  and  to  hold 
office  for  three  years. 

ARTICLE  VIII. 

Adopted  October,  1845. 

Requirements  for  being  an  elector. 

ARTICLE  IX. 

Adopted  October,  1850. 

Appointment  of  Judges  of  Pro- 
bate. 

ARTICLE  X. 

Adopted  October,  1850. 

Appointment  of  Justices  of  the 
Peace.  Number  for  each  town  and 
term  of  office  to  be  prescribed  by 
law. 

ARTICLE  XI. 

Adopted  October,  1855. 

Electors  must  be  able  to  read. 

ARTICLE  XII. 

Adopted  October,  1856. 

Judges  of  the  Supreme  Court  and 
of  the  Superior  Court  appointed  iq 
the  year  1855  and  thereafter,  shall 
hold  office  for  eight  years. 

ARTICLE  XIII. 

Adopted  August,  1864. 

Every  drafted  or  volunteer  sol- 
dier during  the  present  rebellion 
shall  have  the  same  right  to  vote 
as  if  at  home  at  time  of  election. 

ARTICLE  XIV. 

Adopted  October,  1873. 

All  annual  and  special  sessions 
of  the  General  Assembly  shall  be 
held  at  Hartford,  on  and  after  the 
first  Wednesday  of  May,  A.  D.  1875. 

ARTICLE  XV. 

Adopted  October,  1874. 

Every  town  of  five  thousand  In- 
habitants shall  be  entitled  to  two 
representatives. 


INDEX. 


xxxYii 


ARTICLE  XVI. 

Adopted  October,  1875. 

Section 

1.  A general  election  for  Governor, 

etc.,  shall  be  held  on  the 
Tuesday  after  the  first  Mon- 
day of  November,  1876. 

2.  Those  State  officers  whose  term 

shall  be  for  one  year  and  for 
two  years. 

8.  When  the  General  Assembly 
shall  be  held. 

4.  Term  of  office  of  those  elected 

at  a certain  election  to  State 
offices. 

5.  The  General  Assembly  elected 

in  April,  1876,  shall  have  power 
to  pass  such  laws  as  may  be 
necessary  to  carry  into  effect 
the  provisions  of  this  amend- 
ment. 

ARTICLE  XVII. 

Adopted  October,  1875. 

The  privileges  of  an  elector  dis- 
qualified by  conviction  of  crime, 
may  be  restored. 

ARTICLE  XVIII. 

Adopted  October,  1876. 

A newly  incorporated  town  must 
have  at  least  twenty-five  hundred 
Inhabitants  to  be  entitled  to  a rep- 
resentative. 

ARTICLE  XIX. 

Adopted  October,  1876. 

The  provisions  of  section  2,  ar- 
ticle IV,  of  the  Constitution,  and  of 
the  amendments  thereto,  shall  apply 
mutatis  mutandis  to  all  elections 
held  on  the  Tuesday  after  the  first 
Monday  of  November,  1876,  and  an- 
nually thereafter. 

ARTICLE  XX. 

Adopted  October,  1876. 

Judges  of  Common  Pleas  and 
District  Courts  shall  be  appointed 
for  a term  of  four  years.  Of  the 
City  and  Police  Courts,  for  a term 
of  two  years. 

ARTICLE  XXI. 

Adopted  October,  1876. 

Election  of  Judges  of  Probate  and 
term  of  office. 


ARTICLE  XXII. 

Adopted  October,  1876. 

Compensation  of  General  Assem- 
bly and  mileage. 

ARTICLE  XXIII. 

Adopted  October,  1876. 

In  article  VIII  of  amendments, 
the  word  “white”  shall  be  erased 
from  the  first  line. 

ARTICLE  XXIV. 

Adopted  October,  1877. 

In  regard  to  increasing  the  pay  of 
officers  and  employes. 

ARTICLE  XXV. 

Adopted  October,  1877. 

No  city,  county,  town,  borough, 
or  other  municipality  shall  ever 
subscribe  to  the  capital  stock  of 
any  railroad  corporation,  etc. 

ARTICLE  XXVI. 

Adopted  October,  1880. 

Nomination  of  Judges  by  Gover- 
nor, appointment  by  General  As- 

sembly. 

" ARTICLE  XXVII. 

Adopted  October,  1884. 

Section 

I 1.  State  officers  to  be  elected  bl- 
j ennially  after  November,  1886. 

j 2.  How  long  their  offices  shall  be 
held. 

! 3.  Pay  of  General  Assembly  not  to 

exceed  $300  for  their  term,  and 
I one  mileage  each  way  of 

' twenty-five  cents  per  mile, 

when  the  regular  session  of 
the  General  Assembly  shall 
begin. 

I 5.  The  Senators  elected  on  the 
Tuesday  after  the  first  Mon- 
day of  November,  1885,  shall 
hold  their . offices  only  until 
the  Wednesday  after  the  first 
Monday  of  January,  1887. 

ARTICLE  XXVIII. 

Adopted  October,  1886. 

Sheriffs,  when  to  be  elected. 


XXXYlll 


INDEX. 


DELAWARE. 


ARTICLE  I. 

Section 

1.  Religious  liberty. 

2.  No  religious  test  shall  be  re- 

quired as  a qualification  to 
any  office  or  public  trust 
under  this  State. 

3.  All  elections  shall  be  free  and 

equal. 

4.  Trial  by  jury. 

5.  The  press. 

6.  The  people  to  be  secure  from 

unreasonable  searches  and 
seizures. 

7.  In  criminal  prosecutions  the  ac- 

cused has  a right  to  be  heard 
by  himself  and  his  counsel. 

8.  No  person  shall  for  any  indict- 

able offense  be  proceeded 
against  criminally  except. 

9.  All  courts  shall  be  open.  Jus- 

tice administered  without  sale 
or  denial. 

10.  Suspending  laws. 

11.  Excessive  bail  or  fines  shall  not 

be  imposed. 

12.  Privileges  of  prisoners. 

13.  Habeas  corpus. 

14.  Oyer  and  Terminer. 

15.  Attainder,  suicide,  deodand. 

16.  The  citizens  have  a right  to 

meet  together  peaceably  to 
consult  for  the  common  good. 

17.  No  standing  army;  the  military 

subordinate  to  the  civil  power. 

18.  Quartering  soldiers. 

19.  No  hereditary  distinction  shall 

be  granted. 

ARTICLE  II. 

1.  Legislative  power  of  the  State 

vested  in  General  Assembly. 

2.  Representatives.  Qualifications. 

Number. 

3.  Senators.  Qualifications.  Num- 

bers. Vacancies. 

4.  General  Assembly  shall  meet  bi- 

ennially. Time  of  first  meet- 
ing. 

5.  Each  house,  officers  of. 

6.  Each  house  shall  judge  of  the 


Section 

election  and  qualifications  of 
its  own  members.  Quorum. 

7.  Punishment  of  members. 

8.  Each  house  to  keep  a journal. 

9.  The  doors  of  each  house  to  be 

kept  open,  except. 

10.  Neither  house  shall  adjourn  for 

more  than  three  days. 

11.  Compensation  and  privileges. 

12.  No  representative  or  senator 

shall  be  elected  or  appointed 
to  any  office  created  during 
his  term. 

13.  Vacancies,  how  filled. 

14.  Revenue  bills. 

15.  No  money  shall  be  drawn  from 

the  public  treasury  but  by  ap- 
propriation. 

16.  State  treasurer. 

17.  Corporations. 

ARTICLE  III. 

1.  Executive  powers  of  the  State 

are  vested  in  the  Governor. 

2.  The  Governor,  his  election.  In 

case  of  tie.  Contested  elec- 
tions. 

3.  Tenure  of  office. 

4.  Qualifications. 

5.  Disqualification. 

6.  Compensation. 

7.  The  Governor  to  be  Commander- 

in-Chief  of  the  army  and  navy 
of  the  State. 

8.  Appointments  to  offices.  Incom- 

patible offices.  Commissioners. 

9.  The  Governor  may  grant  re- 

prieves and  pardons. 

10.  He  may  require  information  in 

writing  from  the  officers  of 
the  executive  department. 

11.  Governor’s  message. 

12.  He  may  convene  the  General  As- 

sembly. 

13.  He  should  take  care  that  the 

laws  are  faithfully  executed. 

14.  Vacancy,  how  filled. 

15.  Secretary  of  State.  His  duties 

and  compensation. 


INDEX. 


xxxix 


ARTICLE  IV. 

Section 

1.  The  time  for  holding  elections 

for  State  officers,  etc. 

2.  Shall  be  privileged  from  arrest 

during  attendance  at  elections. 

ARTICLE  V. 

1.  The  House  of  Representatives 

has  the  sole  power  of  impeach- 
ing. 

2.  The  Governor  and  all  other  civil 

officers  under  this  State  shall 
be  liable  to  impeachment. 

3.  Treason  against  the  State.  De- 

finition of. 

ARTICLE  VI.  i 

1.  The  judicial  power  of  the  State  1 

shall  be  vested  in  the  Court  I 
of  Errors  and  Appeals.  The 
Superior  Court,  Court  of  Chan- 
cery and  Orphans’  Court,  a 
Court  of  Oyer  and  Terminer, 
a Court  of  General  Sessions  of 
the  peace  and  jail  delivery,  a ! 
Registers’  Court.  Justices  of 
the  peace,  etc. 

2.  To  compose  the  said  courts 

there  shall  be  five  judges  in 
the  State. 

3.  Superior  Court  to  consist  of 

Chief  Justice  and  two  asso- 
ciates. 

4.  Court  of  General  Sessions  of 

the  peace. 

5.  Court  of  Chancery.  1 

6.  Court  of  Oyer  and  Terminer. 

7.  Court  of  Error  and  Appeals. 

Questions  of  law. 

8.  In  matters  of  chancery  jurisdic- 

tion in  which  the  chancellor 
is  interested,  the  Chief  Justice 
sitting  in  the  Superior  Court 
shall  have  jurisdiction. 

9.  The  Governor  shall  have  the 

power  to  commission  a judge 
ad  litem. 

10.  Orphans’  Court. 

11.  The  jurisdiction  of  each  of  the 

aforesaid  courts  shall  be  co- 
extensive with  the  State. 


Section 

12.  General  Assembly  may  alter. 

13.  Until  the  General  Assembly 

shall  otherwise  provide,  the 
Chancellor  shall  exercise  all 
powers,  etc. 

14.  Tenure  of  office,  salaries. 

15.  Inferior  courts. 

16.  Amending  pleadings. — Disposi- 

tion. 

17.  At  any  time  pending  an  action 

for  debt  or  damages,  the  de- 
fendant may  bring  into  court 
the  sum  of  money  for  dis- 
charging the  same. 

18.  Suits  may  survive. 

19.  Security  on  appeal  and  error. 

20.  Limitation  of  writs  of  error. 

21.  Executors,  administrators  and 

guardians’  accounts. — Excep- 
tions. 

22.  Registers  Court  to  be  held  in 

each  county. 

23.  Prothonotaries. — Lien  of  judg- 

ments. 

24.  The  Governor  shall  appoint  a 

competent  number  of  justices 
of  the  peace. 

25.  The  style  of  process. 

ARTICLE  VII. 

1.  Conservators  of  the  peace. 

2.  Representatives  in  Congress. 

3.  Sheriff  and  coroner.— Term  of 

office. 

4.  Tenure  of  certain  officials. 

5.  Appointment  of  inferior  officials. 

6.  Salaries  and  fees. — A receipt 

for  fees. 

7.  Costs  in  criminal  cases. 

8.  Rights  of  corporations. — Exclu- 

sion of  the  clergy  from  hold- 
ing civil  office  in  this  State. 

9.  Laws  in  force. 

10.  This  Constitution  shall  be  pre- 

fixed to  every  edition  of  laws 
made  by  direction  of  the 
Legislature. 

11.  Duties  of  the  Legislature. 

12.  Property  qualification. 

ARTICLE  VIII. 

1.  Oath  of  office. 


xl 


INDEX. 


ARTICLE  IX. 

Section 

1.  The  Constitution  may  be 
amended. 

SCHEDULE. 

1.  Offices  of  the  present  Senators 

and  representatives  shall  not 
be  vacated  by  any  amend- 
ment.— Time  of  meeting  of  the 
General  Assembly. 

2.  Offices  of  the  present  sheriffs 

and  coroners  shall  not  be  va- 
cated by  amendment. 

8.  Time  of  first  election  of  Repre- 
sentatives under  this  amended 
Constitution. 

4.  Term  of  office  of  the  present 

Governor  shall  not  be  vacated 
or  extended  by  amendment. 

5.  The  time  the  amended  Consti- 

tution shall  commence,  etc. 


Section 

6.  Registers  Courts,  etc.,  not  af- 

fected by  amendments. 

7.  The  General  Assembly  shall 

have  power  to  make  law 
necessary  to  carry  into  effect 
this  amended  Constitution. 

8.  In  regard  to  the  provision  in 

the  twentieth  section  of  the 
I sixth  article  of  this  amended 
Constitution. 

9.  The  Governor  shall  have  power 

to  issue  writs  of  election,  to 
supply  vacancies  in  either 
house  of  the  General  Assem- 
bly. 

10.  It  is  declared  that  nothing  in 
this  amended  Constituton 
gives  a writ  of  error  from  the 
Court  of  Errors  and  Appeals, 
etc. 


FLORIDA. 


ARTICLES. 

1.  Boundaries. 

2.  Distribution  of  powers. 

3.  Legislative  department. 

4.  Executive  department. 

5.  Judiciary  department. 

6.  Suffrage  and  eligibility. 

7.  Census  and  apportionment. 

8.  Counties  and  cities. 

9.  Taxation  and  finance. 

10.  Homestead  and  exemptions. 

11.  Married  Women’s  property. 

12.  Education. 

13.  Public  Instruction. 

14.  Militia. 

15.  Public  health. 

16.  Miscellaneous  provisions. 

17.  Amendments. 

18.  Schedule. 

19.  Local  option. 

ORDINANCES. 

No.  1. 

No.  2. 

No.  3. 

PREAMBLE. 

Dedaralioa  of  llujh's. 

Section 

1.  Natural  and  inalienable  rights. 


' Section 

2.  Purposes  of  government.  Para- 

mount allegiance. 

3.  Jury  trial. 

4.  Courts  open  to  all. 

5.  Religious  freedom. 

6.  No  preference  to  be  given  any 

church  or  sect. 

7.  Habeas  corpus,  to  be  granted 

speedily  and  without  cost. 

8.  Bail  not  to  be  excessive  nor 

punishment  cruel. 

9.  Bail  may  be  given,  except  for 

capital  offenses. 

10.  When  trials  to  be  upon  present- 

ment or  indictment,  or  other- 
wise. 

11.  Public,  speedy  and  impartial 

trial  guaranteed  to  all.  At- 
tendance of  witnesses  com- 
pulsory. Copy  of  indictment 
I to  be  furnished  accused. 

I 12.  Twice  in  jeopardy.  Life  and 
liberty  not  to  be  taken  without 
due  process  of  law. 
j 13.  Freedom  of  speech  and  press. 

I 14.  When  costs  are  payable, 
i 15.  Rights  of  petition. 

' 16.  Imprisonment  for  debt. 


INDEX. 


xli 


Section 

17.  Ex  post  facto  law.  * 

18.  Rights  of  foreigners. 

19.  Slavery  not  tolerated. 

20.  Right  to  bear  arms. 

21.  Military  subordinate 

power. 

22.  The  people  shall  be  secure  from 

unreasonable  seizures. 

23.  Treason. — What  testimony  re- 

quired to  convict  of. 

24.  This  enumeration  of  rights  does 

not  impair  other  rights  re- 
tained by  the  people. 

ARTICLE  I. 

Boundaries. 

1.  State  boundaries. 

ARTICLE  II. 

Dis'ribufion  of  flowers. 

1.  Blending  of  powers  prohibited. 

ARTICLE  III. 

Lefjisbitive  Bepartmea t. 

1.  Legislative  powers,  where  vest- 

ed.— Where  sessions  of  Legisla- 
ture- ai  e to  be  held. 

2.  When  to  commence. — To  be  bi- 

ennial. 

3.  When  members  of  House  of 

Representatives  are  to  be 
chosen. 

4.  Shall  be  electors. — Pay  of  Sena- 

tors and  members  of  the 
house. 

6.  Members  forbidden  to  hold  cer- 
tain offices. 

6.  General  powers  of  each  house. — 

Presiding  officers,  how  elect- 
ed. 

7.  What  office-holders  ineligible. 

8.  Change  of  residence  to  create 

vacancy. 

9.  Each  house  may  punish  for  dis- 

orderly conduct. 

' 10.  Power  to  compel  attendance  of 
witnesses. 

11.  Quorum.— Power  of  less  than 

quorum. 

12.  Each  house  to  keep  a journal. 

13.  The  doors  of  each  house  to  be 

kept  open  and  session  to  be 


Section 

public,  except  executive  ses- 
sions. 

Originating  bills  and  amending 
same. 

Enacting  clause. 

16.  Each  law''  restricted  to  but  one 
I subject. 

I 17.  Formalities  to  be  observed  in 
passing  bills,  and  how  they 
j shall  be  signed. 

18.  When  laws  are  to  take  effect. 

19.  Statement  of  receipts  and  ex- 

penditures of  public  money  to 
be  made. 

20.  What  local  and  special  legisla- 

tion is  prohibited. 

21.  Laws  to  be  uniform  in  effect.— 

Local  or  special  laws,  how 
published  and  how  passed. 

22.  Suits  against  the  State. 

23.  Lotteries  prohibited. 

24.  County  and  municipal  govern- 

ments to  be  uniform,  unless 
otherwise  provided. 

25.  General  laws  for  certain  corpo- 

rations required. 

26.  Laws  for  regulating  elections. 

27.  To  make  provision  for  election 

or  appointment  of  certain 
officers. 

28.  Governor  to  sign  bills  before 

they  become  laws — Veto*power 
and  how  exercised. — When 
bills  not  signed  are  to  be- 
come laws. 

29.  Impeachment  trials. 

30.  Appropriation  laws  restricted  to 

one  subject. 

31.  United  States  Senator,  how 

elected. 

32.  Criminal  laws  not  retroactive. 

33.  Statute  of  limitations  not  to  be 

retroactive. 

ARTICLE  IV. 

E.vec a tive  Bepn rim ent. 

1.  Executive  power,  how  vested 

and  styled. 

2.  Election  of  Governor,  and  term 

of  office. 

3.  To  be  eligible  for  the  office  of 

Governor. 


14. 

I 

I 

to  civil  15. 


xlii 


INDEX. 


Section 

4.  Governor  to  be  commander-in- 

chief  of  militia. 

5.  Governor  to  transact  all  execu- 

tive business. 

6.  To  see  that  all  laws  are  ex- 

ecuted. 

7.  Vacancies,  how  filled. 

8.  Governor  may  convene  Legisla- 

ture, when. 

9.  Shall  report  condition  of  State 

to  each  Legislature. 

10.  Power  in  case  of  disagreement 

about  adjournment  of  Legisla- 
ture. 

11.  May  suspend  collection  of  fines 

and  grant  reprieves. — Powers 
in  case  of  treason. 

12.  Pardoning  power,  where  vested, 

duties,  etc. 

13.  May  call  upon  Supreme  Court 

for  construction  of  constitu- 
tion. 

14.  Grants  and  commissions,  how 

signed  and  sealed. 

15.  Power  of  Governor  as  to  sus- 

pension from  office. — To  report 
suspension  to  the  Senate. — 
When  suspended  officer  to  re- 
sume duties  of  office.  I 

16.  Appointment  of  militia  officers. — I 

Adjutant-General  and  his 
duties. 

17.  Board  of  commissioners  of  State 

institutions. 

18.  Governor  may  veto  items  of  ap- 

propriation bills. 

19.  When  president  of  Senate  or 

Speaker  of  House  of  Represen- 
tatives, is  to  act  as  Governor. 

20.  Cabinet  officers,  how  elected 

and  term  of  office. 

21.  Secretary  of  State  and  his 

duties. 

22.  Attorney-General  and  his  duties. 

23.  Comptroller,  his  duties. 

24.  Treasurer,  his  duties. 

25.  Superintendent  of  Public  In- 

struction, his  duties. 

26.  Commissioner  of  agriculture,  his 

duties. 

27.  Cabinet  officers  to  make  full  re- 

ports to  Governor  to  be  laid 
before  each  Legislature. 


Section 

28.  Cabinet  ‘officers  to  be  installed 

the  same  day  as  Governor. 

29.  Salaries  of  Governor  and  cabi- 

net.— Extra  compensation  for- 
bidden. 

ARTICLE  V. 

Judicutrij  Diqx! i tmei'i. 

1.  Judicial  powers,  how  vested. 

2.  Supreme  Court,  how  elected. — 

Term  of  office.— Chief  Justice, 
how  designated. 

S.  Who  eligible  to  office  of  judge. 

4.  Majority  a quorum. — Terms  of 

court. 

5.  Appellate  jurisdiction  of  Su- 

preme Court. — Power  to  issue 
certain  writs. 

6.  Legislature  to  prescribe  how 

circuit  judge  may  be  called  to 
sit  in  Supreme  Court. 

7.  Clerk  of  Supreme  Court. 

8.  Circuit  Courts. — How  judges  axe 

appointed.  — Terms  and  ex- 
change of  Circuits. 

9.  Salaries  of  Supreme  and  Circuit 

Court  judges. 

10.  Enumeration  of  judicial  circuits. 

11.  Jurisdiction,  original  and  ap- 

pellate.— Power  to  issue  certain 
writs. 

12.  Extra  territorial  jurisdiction  in 

chancery  cases  may  be  al- 
lowed by  law. 

13.  Judges  to  report  defects  in  laws 

to  'Attorney-General. — Attor- 
ney-General to  report  to  Legis- 
lature. 

14.  Circuit  judge  to  appoint  court 

commissioners. — Powers,  du- 
ties, etc. 

15.  State  attorney,  how  appointed.— 

Duties  and  term. — Sheriff  and 
clerk,  how  elected. — Duties 
and  term. 

16.  County  judges. 

17.  Jurisdiction  of  the  isame. 

18.  Legislature  may  organize  Coun- 

ty Courts  in  certain  cases. — 
Jurisdiction  of  each  court. — 
Prosecuting  attorney. 

19.  Judges  ad  litem,  how  and  when 

appointed. 


INDEX. 


xliii 


Section 

20.  Referees  may  be  appointed.— 

Powers  and  duties. 

21.  County  commissioners  to  divide 

counties  into  justice  districts. 
— Justices  of  the  peace  to  be 
elected. 

22.  Jurisdiction  of  justices  of  the 

peace. — Appeals,  how  tried. 

23.  Constables. 

24.  Criminal  Court  of  EJscambia 

county  and  other  counties,  how 
established. 

25.  Jurisdiction  of  Criminal  Courts. 

26.  Terms. 

27.  Prosecuting  attorneys  for  such 

courts. 

28.  Manner  of  trying  offenses  in 

such  courts. 

29.  County  Courts  to  have  no  crimi- 

nal jurisdiction  In  certain 
counties. 

30.  Clerk  of  Criminal  Courts,  how 

elected,  duties. 

31.  State  attorney  may  be  county 

solicitor. 

32.  Such  courts  may  be  abolished. 

33.  Term  of  office  of  judges  appoint- 

ed to  fill  vacancies. 

34.  Legislature  may  establish  mu- 

nicipal courts. 

35.  Establishment  of  other  courts 

forbidden. 

36.  Judicial  officers  conservators  of 

the  peace. 

37.  Style  of  process. 

38.  Jurors. 

ARTICLE  VI. 

Svfrnr/fi  and  EHgihility. 

1.  Who  are  qualified  electors. 

2.  Legislature  shall  make  registra- 

tion and  election  laws. 

3.  Oath  of  election. 

4.  Persons  not  qualified  to  vote. 

5.  Legislature  shall  exclude  from 

office  and  right  of  suffrage 
persons  convicted  of  certain 
crimes. 

6.  When  vote  by  ballot,  when  viva 

voce. 

7.  Naturalized  citizens  to  produce 

certificate  or  make  affidavit. 


Section 

8.  Legislature  may  make  poll  tax 

a prerequisite. 

9.  Purity  of  ballot  to  be  preserved. 

ARTICLE  VII. 

CemuH  and  Aynartianment . 

1.  What  Senators  and  Representa- 

tives to  compose  first  Legisla- 
ture under  this  Constitution. 

2.  Number  of  Senators  and  Repre- 

sentatives.— Terms  of  same. 

3.  Apportionment. 

4.  Organization  of  senatorial  dis- 

tricts. 

5.  Census. 

ARTICLE  VIII. 

Countie><  and  Cities. 

1.  Counties. 

2.  To  remain  as  organized. 

3.  Power  of  Legislature  as  to  new 

counties. — Liabilities  of  new 
counties. 

4.  County  seats. 

5.  County  commissioners,  how  ap- 

pointed, duties,  etc. 

6.  County  officers. — Terms  of  office. 

7.  County  commissioners  to  divide 

counties  into  taxation  dis- 
tricts.— Bonds  of  county  offi- 
cers required  before  commis- 
sion can  issue. — County  officers 
not  go  on  bonds. 

8.  Powers  of  Legislature  over  mu- 

nicipalities. 

ARTICLE  IX. 

Taxation  and  Fiiatnce. 

1.  Taxation  shall  be  equal  and 

uniform. 

2.  Sufficient  must  be  raised  each 

year. 

3.  Taxes  must  be  levied  by  law. 

4.  How  money  drawn  from  State 

treasury. 

5.  How  taxes  imposed  by  counties 

and  towns. — Capitation  and 

license  tax. 

6.  State  bonds. — For  what  purpose 

to  be  issued. 

7.  No  taxes  levied  for  corpora- 

tions. 

8.  Illegal  taxes  not  to  be  removed 

until  legal  taxes  are  paid. 


xliv 


INDEX. 


Section 

9.  Widows  exemption  from  taxa- 
tion. 

10.  Credit  of  State  not  to  be 
pledged.— Counties  not  to  be 
stockholders  in  or  loan  credit 
to  coirporations. 

ARTICLE  X. 

lloihestcad  and  E.rempHon^i 

1.  Homestead  exemption. 

2.  Exemption  to  inure  to  widow 

and  heirs. 

3.  To  what  cases  exemption  of 

Constitution  of  1868  applies. 

4.  Alienation  of  homestead  not  for- 

bidden. 

5.  Homestead  not  to  be  reduced  by 

incorporation  in  city  or  town. 

6.  Laws  to  be  passed  to  enforce 

this  article. 

ARTICLE  XI. 

Married  Women's  Properly. 

1.  Property  of  married  woman  to 

remain  her  own.^When  liable 
to  husband’s  debts. 

2.  For  what  debts  property  of 

married  women  liable. 

3.  Laws  to  enforce  this  article  to 

be  passed. 

ARTICLE  XII. 

Education. 

1.  Legislature  to  provide  system 

of  free  schools. 

2.  Superintendent  of  public  in- 

struction. 

3.  State  board  of  education.  — 

Powers  and  duties. 

4.  State  school  fund. — To  what  ap- 

plied.— From  what  derived. 

5.  Principal  to  remain  inviolate. 

6.  One  mill  tax  levied  annually. 

7.  School  tax,  how  distributed. 

8.  County  school  tax. 

9.  County  school  fund,  what  to 

constitute. 

10.  School  districts. — Duties  of  trus- 
tees of  same. — Limitation  of 
school  tax. 


Section 

11.  City  or  town  may  be  school  dis- 

trict.—Purposes  for  which  this 
fund  may  be  used. 

12.  White  and  colored  children  to 

be  kept  separate. 

13.  County  and  district  school  fund 

to  be  used  solely  for  school 
purposes. 

14.  Normal  schools. 

15.  Salaries  of  all  county  school 

officers  to  be  paid  from  county 
funds. 

ARTICLE  XIII. 

Public  Institutions. 

1.  Institutions  for  insane,  blind, 

etc.,  fostered. 

2.  State  prison,  house  of  refuge, 

workhouse. 

3.  Counties  to  provide  for  poor  and 

infirm. 

4.  Legislature  to  enforce  provisions 

of  this  article. 

ARTICLE  XIV. 

Militia. 

1.  Who  are  to  constitute  militia. 

2.  Legislature  to  provide  for  or- 

ganization of  the  same. 

3.  Major  and  brigadier-generals. 

4.  When  to  be  called  out. 

ARTICLE  XV. 

Idibiic  Health. 

1.  State  and  county  boafds  of 

health. 

2.  Powers  of  State  board  of  health. 

3.  Powers  of  county  board. 

ARTICLE  XVI. 

M i see  t Ian  eo  ns  I h -o  e is  ions. 

1.  Seat  of  governnient. 

2.  Oath  of  officers  of  State. 

3.  Salaries,  how  payable. 

4.  County  officers  to  hold  offices 

at  county  seat. 

5.  Donation  of  land  to  actual 

settlers. 

6.  Law  and  decisions  of  Supreme 

Court  to  be  published. 

7.  Limit  of  term  of  office. 

8.  Plurality  of  votes  to  constitute 

choice  at  elections. 


INDEX. 


xlv 


Section 

9.  When  State  is  to  pay  costs  in 
criminal  prosecutions. 

10.  What  State  officers  to  be  kept 

at  seat  of  government. 

11.  Extra  compensation  to  officers 

and  payment  of  certain  claims 
require  two-thirds  vote  of 
both  houses  of  the  Legisla- 
ture. 

12.  State  seal  and  State  emblem. 

13.  Qualifications  required  of  sure- 

ties on  all  official  bonds. 

14.  Duration  of  term  of  office  of  all 

officers. 

15.  Persons  holding  federal  or  any  ! 

foreign  office  may  not  hold  i 
State  office. — No  one  to  hold  ' 
two  State  offices  at  one  time,  i 
— Exceptions. 

16.  Property  of  corporations  not 

exempt  from  taxation,  except 
a ship  canal  across  Florida, 
and  religious  and  charitable  : 
corporations. 

17.  Persons  holding  office  must  give 

personal  attention  to  same. 

18.  Salaries  to  be  deducted  for  fail- 

ure to  perform  duty. 

19.  When  amendments  to  Constitu- 

tion of  United  States  are  to 
be  acted  on. 

20.  Qualifications  required  of  Sena- 

tors and  congressmen. 

21.  Deeds  and  mortgages  duly  re- 

corded to  be  evidence. — Force 
and  effect  of  copies. 

22.  Mechanics’  lien. 

23.  When  and  how  soldiers  may  be 

quartered  in  private  houses. 

24.  Inter-marriage  of  races  pro- 

hibited. 

25.  Felony  construed. 

26.  Legislature  to  make  provision 

for  claims  of  Ocala  for  aid 
given  East  Florida  seminary. 

27.  Appropriation  for  Supreme 

Court. 

28.  Legislature  to  make  provision 

for  drainage  of  lands. 

29.  Private  property  not  to  be  taken 

without  full  compensation.— 
How  compensation  is  to  be 
ascertained. 


Section 

30.  Power  of  Legislature  to  correct 

abuses  and  prevent  discrimi- 
nation by  common  carriers. 

31.  Free  passes  to  State  officers  for- 

bidden. 

ARTICLE  XVII. 

Amendmeuts. 

1.  Constitution,  how  amended. 

2.  General  revision,  how  to  be 

had. 

ARTICLE  XVIII. 

Schedule. 

1.  Constitution  of  1868  superseded. 

— All  vested  rights  under  said 
Constitution  protected. 

2.  What  laws  esteemed  to  be  In 

force. 

3.  Persons  now  holding  office,  how 

continued. 

4.  Lieutenant-Governor.  — Present 

office  not  vacated. 

6.  Vacancies  in  office  prior  to  elec- 
tion of  1888. 

6.  When  terms  of  officers  appoint- 

ed to  fill  vacancies  expire. 

7.  Elections  to  fill  vacancies  must 

be  for  unexpired  term. 

8.  Commissioner  of  lands  and  im- 

migration to  assume  duties  of 
commissioner  of  agriculture. 

9.  When  elections  for  county  offi- 

cers occur. 

10.  When  first  election  for  county 

officers  is  to  be  held. 

11.  President  of  convention  to  cer- 

tify copy  of  Constitution  to 
Governor. 

12.  Duty  of  Governor  thereon. 

13.  Courts  to  continue  as  now  or- 

ganized till  changed  by  Legis- 
lature. 

14.  Terms  of  county  officers,  when 

to  commence. 

ARTICLE  XIX. 

Local  Option. 

1.  Duty  of  county  commissioners 
as  to  elections  for  sale  of  In- 
toxicating liquors  in  each 
county. — How  such  elections 
are  held. 


xlvi 


INDEX. 


Section 

2.  Legislature  to  provide  for  en- 
forcement of  this  article. 
ORDINANCES. 

Ordinance  l . 

1.  How  this  Constitution  is  to  be 

submitted  to  the  people. 

2.  How  Constitution  is  to  be  voted 

on. 

Ordinance  2. 

1.  How  atf’ticle  19  is  to  be  voted 
on. 

Ordinance  8. 

1.  Pay  and  mileage  of  members  of 
convention. 


Section 

2.  Pay  of  officers  and  attaches  of 

convention. — How  printing  is 
to  be  paid. 

3.  Duty  of  Comptroller  as  to  is- 

suing warrant  to  each  mem- 
ber. 

4.  President  to  issue  interest-bear- 

ing certificates  for  unpaid 
balance  due  each  member. 

5.  Legislature  to  make  appropriau- 

tion  to  pay  such  certificates. 

6.  Secretary  of  convention  to  audit 

all  accounts. 


GEORGIA. 


Article 

1.  Bill  of  rights. 

2.  Elective  franchise. 

3.  Legislative  department. 

4.  Power  of  the  General  Assembly 

over  taxation. 

5.  Executive  department. 

6.  Judiciary. 

7.  Finance,  taxation  and  public 

debt. 

8.  Education. 

9.  Homestead  and  exemptions. 

10.  Militia. 

11.  Counties  and  county  officers. 

12.  The  laws  of  general  operation  in 

force  in  this  State. 

13.  Amendments  to  the  Constitution. 

Preamble.  1 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  All  government  of  right  origi- 

nates with  the  people. 

2.  In  all  prosecuJ:ions  or  indict- 

ments for  libel,  the  truth  may 
be  given  in  evidence. 

3.  In  cases  of  necessity,  private 

ways  may  be  granted  upon 
just  compensation. 

4.  Laws  of  a general  nature  shall 

have  uniform  operation. 

5.  The  people  have  the  inherent 

right  of  regulating  internal 
government. 


ARTICLE  II. 

Elective  Franchise. 

Section 

1.  In  all  elections  by  the  people  the 

vote  shall  be  by  ballot. 

2.  Registration  of  electors. — Those 

who  may  not  vote. 

3.  Electors  in  all  cases,  except  for 

treason,  felony,  etc.,  be  privi- 
leged from  arrest  at  the  time 
of  election. 

4.  No  person  who  is  the  holder  of 

any  public  money  contrary  to 
law,  is  eligible  for  office. 

5.  Intoxicating  drinks  not  to  be 

sold  within  two  miles  of  elec- 
tion precincts  on  days  of  elec- 
tion. 

6.  Returns  of  elections. 

ARTICLE  III. 

Legislative  Department. 

1.  Legislative  power  of  the  State 

vested  in  General  Assembly. 

2.  The  Senate  shall  consist  of  forty- 

four  members. 

3.  The  House  of  Representatives 

shall  consist  of  one  hundred 
and  seventy-five  members. 

4.  To  be  elected  for  two  years. 

5.  To  be  eligible  for  Senators. 

6.  To  be  eligible  for  Representa- 

tives. 


INDEX. 


xlvii 


Section 

7.  Each  house  shall  be  judge  of 

the  election  and  qualification 
of  its  own  members. 

8.  The  officers  of  the  two  houses, 

to  consist  of  whom. 

9.  The  per  diem  of  members  of  the 

General  Assembly  and  mileage. 

10.  Elections  by  General  Assembly 

shall  be  viva  voce. 

11.  Married  women’s  property  not 

liable  for  debts  of  husband. 

12.  Insurance  companies  to  deposit 

with  the  Comptroller-General 
not  less  than  $100,000. 

ARTICLE  IV. 

Power  of  the  General  AHnemhly  Orer 
Taxation. 

1.  The  right  of  taxation  is  a sov- 

ereign right  and  belongs  to  the 
people. 

2.  Regulation  of  railroad  freights 

and  passenger  tariffs.  — Pre- 
venting unjust  discriminations. 

ARTICLE  V. 

Executive  Department. 

1.  To  consist  of  Governor,  Secretary 

of  State,  Comptroller-General 
and  Treasurer. 

2.  Secretai’y  of  State,  Comptroller- 

General  and  Treasurer,  how  to 
be  elected. 

3.  The  great  seal  of  the  State  to 

be  kept  in  the  office  of  Sec- 
retary of  State. 

ARTICLE  VI. 

Judiciary. 

1.  Judicial  powers  of  the  State  , 

vested  in  Supreme  Court,  Su- 
perior Court,  Courts  of  Ordi- 
nary and  justices  of  the  peace. 

2.  Supreme  Court  to  consist  of  | 

chief  justice  and  two  associ- 
ate justices. 

3.  There  shall  be  a judge  of  the  { 

Superior  Court  for  each  judi-  j 
cial  district. 

4.  The  jurisdiction  of  the  same.  | 

5.  Judges  of  City  and  Superior  j 


Section 

Courts  may  preside  in  the 
courts  of  each  other. 

6.  The  powers  of  the  Court  of  Ordi- 

nary and  Probate,  how  vested. 

7.  There  shall  be  in  each  militia 

district  one  justice  of  the 
peace. 

8.  Notary  publics. — Term  of  office. 

9.  Jurisdiction  and  powers  of  all 

courts. 

10.  Attorney-General. — Term  of  of- 

fice. 

11.  Solicitor-General. — Term  of  office. 

12.  Judges  of  the  Supreme  Courts 

and  Solicitor  - General,  how 
elected. 

13.  Salaries  of  the  same. 

14.  Requirements  for  the  same. 

15.  Divorce. 

16.  Divorce  cases  to  be  brought  in 

the  county  where  defendant 
resides. 

17.  Change  of  venue. 

18.  Right  of  trial  by  jury. 

19.  County  commissioners. — Created 

by  General  Assembly. 

20.  Certain  courts  may  be  abolished. 

21.  The  costs  in  the  Supreme  Court 

shall  not  exceed  ten  dollars, 
unless. 

ARTICLE  VII. 

Finance,  Taxation  and  Public  Debts. 

1.  The  General  Assembly  has  pow- 

ers of  taxation  for  the  follow- 
ing purposes  only. 

2.  All  taxation  shall  be  uniform  on 

the  same  class  o*f  subjects. 

3.  No  debts  shall  be  contracted  by 

the  State,  except. 

4.  Laws  authorizing  the  borrowing 

of  money  shall  specify  the 
purposes  it  is  to  be  used  for. 

5.  The  credit  of  the  State  shall  not 

be  loaned. 

6.  The  State  may  not  be  a stock- 

holder  in  any  company. 

7.  The  debt  incurred  in  any  county, 

municipal  corporation,  may  not 
exceed  a certain  sum. 


xlviii 


mDEX. 


Section  i 

8.  The  State  may  not  assume  the 

debt  of  any  county,  etc.  ; 

9.  Officers  or  members  of  the  Gene-  ! 

ral  Assembly  not  to  receive  ^ 
perquisites. 

10.  Municipal  corporations  shall  not 

incur  debt  until  provision  for 
the  same  has  been  made. 

11.  The  General  Assembly  shall  ' 

have  no  authority  to  appro-  j 
priate  money  directly  or  indi-  j 
rectly.  I 

12.  The  bonded  debt  of  the  State.  | 

13.  The  sale  of  property  owned  by  j 

the  State  to  be  applied  to  the  | 
payment  of  the  bonded  debt  of  I 
the  State.  | 

14.  General  Assembly  to  raise  by  j 

taxation  additional  sum  of  one  | 
hundred  thousand  dollars. 

15.  The  financial  condition  of  the 

State  to  be  reported  to  the 
Governor  quarterly. 

16.  The  General  Assemby  shall  not  | 

donate  in  favor  of  any  person 
or  corporation. 

17.  The  office  of  State  printer. 

ARTICLE  VIII. 

Education. 

1.  There  shall  be  a thorough  sys- 

tem of  common  schools. 

2.  State  School  Commissioner.— His 

salary. 

3.  Educational  fund. 

4.  Authority  to  establish  and  main- 

tain public  schools  in  counties. 

5.  Existing  local  school  systems 

not  to  be  affected  by  this  Con- 
stitution.^ 

6.  Trustees  of  the  University  of 

Georgia  may  accept  bequests, 
donations,  etc. 

ARTICLE  IX. 

Homestead  and  Exemptions. 

1.  The  property  of  the  head  of  a 

family  to  be  exempted. 

2.  No  court  may  enforce  any  judg- 


Section 

ment  against  the  property  set 
apart  for  such  purpose. 

3.  The  debtor  may  waive  his  right 

to  the  benefit  of  the  exemp- 
tion. 

4.  Nothing  in  this  article  shall  be 

construed  to  affect  or  repeal 
the  existing  laws  of  exemption. 

5.  See  section  4 and  section  3 of 

this  article. 

6.  Applicant  may  supplement  his 

exemption. 

7.  Homestead  and  exemptions  of 

personal  property. 

8.  Rights  vested  under  pr-evious 

existing  laws. 

9.  Homesteads  taken  under  Con- 

stitution of  1868  may  be  sold. 

ARTICLE  X. 

Militia. 

1.  The  State  shall  organize,  arm 
and  equip  militia. 

ARTICLE  XI. 

Counties  and  County  Officers. 

1.  Each  county  shall  be  a body  cor- 

porate. 

2.  County  officers,  how  elected.  — 

They  may  be  removed. 

3.  Whatever  officers  created  by 

the  General  Assembly  for 
counties  shall  be  uniform 
throughout  the  State. 

ARTICLE  XII. 

The  Laws  in  General  Operation  in  the 
State. 

1.  Enumeration  of. 

ARTICLE  XIII. 
Amendments  to  the  Constitution. 

1.  They  may  be  proposed  by  either 

house. 

2.  The  Constitution  shall  be  sub- 

mitted for  ratification  or  re- 
jection to  the  voters  of  the 
State. 


INDEX, 


tIIt 


IDAHO. 


ARTICLES. 

Article 

1.  Declaration  of  rights. 

2.  Legislative  department. 

3.  Executive  department. 

4.  Judicial  department. 

5.  Elective  franchise. 

6.  Municipal  corporations. 

7.  Corporations  other  than  munici- 

pal. 

8.  Education. 

9.  School  and  public  lands. 

10.  County  and  township  organiza- 

tions. 

11.  Revenue  and  taxation. 

12.  Public  debt  and  public  works. 

13.  Militia. 

14.  Impeachment  and  removal  from 

office. 

15.  Future  amendments. 

16.  Compact  with  the  United 

States. 

17.  Miscellaneous. 

18.  Congressional  and  legislative  ap- 

portionment. 

19.  Public  institutions. 

20.  Prohibition. 

Schedule. 

Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  by  nature  free  and 

have  certain  inalienable 
rights. 

2.  All  political  power  is  inherent 

in  the  people. 

3.  The  State  is  inseparable  from 

the  Union. 

4.  Freedom  of  religious  thought 

and  worship. 

5.  Writ  of  habeas  corpus. 

6.  Bail  shall  be  accepted,  except 

for  capital  offenses. 

7.  Right  of  trial  by  jury. 

8.  Offenses  shall  be  prosecuted 

criminally  by  indictment,  or 
information. 

4 


Section 

9.  Freedom  of  speech. 

10.  The  people  have  the  right  to 

assemble  together  in  a peace- 
able manner  for  the  common 
good. 

11.  The  people  have  the  right  to 

bear  arms. 

12.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

13.  Right  to  speedy  and  public  trial. 

— No  person  shall  twice  be  put 
in  jeopardy  for  the  same  of- 
fense. 

14.  In  regard  to  the  use  of  lands 

for  the  storage  of  water,  etc. — 
Private  property  taken  for 
public  use  must  have  a just 
compensation. 

15.  Imprisonment  for  debt. 

16.  No  law  impairing  the  obligation 

of  contracts  snail  ever  be 
passed. 

17.  Unreasonable  searches  and  seiz- 

ures not  tolerated. 

18.  Right  and  justice  shall  be  ad- 

ministered without  sale  or 
prejudice. 

19.  Right  of  suffrage  not  to  be  In- 

terfered with. 

20.  No  property  qualification  for 

right  to  vote. 

21.  This  enumeration  of  rights  not 

to  impair  other  rights  re- 
tained by  the  people. 

ARTICLE  II. 

Distribution  of  Powers. 

1.  Divided  into  the  legislative, 
executive  and  judicial. 

ARTICLE  III. 

Legislative  Department. 

1.  The  'legislative  power  of  the 

State  is  vested  in  the  Senate 
and  House  of  Representatives. 

2.  The  Senate  to  consist  of  eigh- 

teen members;  the  House  of 
Representatives  of  thirty-six 
members. 


1 


INDEX, 


Section 

3.  Elected  for  two  years. 

4.  Apportionment. 

5.  No  county  shall  be  divided  in 

creating  districts. 

6.  Senator  and  Representative 

must  be  an  elector  of  this 
State. 

7.  Legislators  privileged  from  ar- 

rest, except  when. 

8.  Sessions  of  Legislature  to  be 

held  biennially. 

9.  Each  house  to  choose  its  own 

members.  — In  regard  to  ad- 
journment. 

10.  A majority  of  each  house  shall 

constitute  a quorum. 

11.  To  expel  a member,  a two-thirds 

vote  required. 

12.  The  business  of  each  house  to 

be  transacted  openly. 

13.  Each  house  to  keep  a journal. 

14.  Bills  may  originate  in  either 

house. 

15.  No  law  shall  be  passed  except 

by  bill,  which  must  be  read 
three  times. 

16.  Every  act  to  contain  but  one 

subject. 

17.  Every  act  to  be  plainly  worded. 

18.  Revisal  or  amendment  of  an  act. 

19.  The  Legislature  may  not  pass 

local  or  special  laws  in  cer- 
tain cases. 

20.  Lotteries  and  gift  enterprises 

not  legal. 

21.  All  bills  passed  to  be  signed  by 

presiding  officers  of  the  respec-  | 
tive  houses. 

22.  When  an  act  is  to  take  effect. 

23.  Pay  and  mileage  of  members. 

24.  Promotion  of  temperance  and 

morality  by  the  Legislature. 

25.  Oath  of  office. 

ARTICLE  IV 
ExecutiveDepartment. 

1.  Officers  composing  the  same. 

2.  Said  officers  to  be  elected  by 

qualified  electors  of  the  State. 

8.  To  be  eligible  for  election  to 
State  offices. 


I Section 

I 4.  Governor  to  be  commander-In- 
I chief. 

I 5.  Supreme  executive  power  vested 
I in  Governor. 

6.  If  vacancies  occur. 

7.  Board  of  pardons. 

8.  The  Governor  may  require  in- 

formation in  writing  from 
State  officers. 

9.  The  Governor  may  on  extraor- 

dinary occasions  convene  the 
Legislature  by  proclamation. 

10.  All  bills  before  becoming  a law 

shall  be  presented  to  the 
Governor  for  his  approval  or 
disapproval. 

11.  The  Governor  may  object  to 

items  in  a bill,  in  which  case 
they  are  to  be  reconsidered. 

12.  When  the  Lieutenant-Governor 

shall  act  as  Governor. 

13.  The  Lieutenant-Governor  shall 

be  president  of  the  Senate. 

14.  When  president  of  Senate  pro 

tempore  is  to  act  as  Governor. 

15.  In  regard  to  the  seal  of  the 

State. 

16.  Grants  and  permissions,  how 

signed  and  sealed. 

17.  A semi-annual  report  to  be 

made  to  the  Governor  of  all 
money  received  and  spent  by 
I the  State. 

I 18.  Board  of  State  prison  commis- 
sioners. 

19.  Salaries. 

ARTICLE  V. 

Judicial  Department. 

1.  Civil  and  criminal  actions  de- 

fined. 

2.  The  judicial  power  of  the  State 

shall  be  vested  in  a court  for 
the  trial  of  impeachments,  a 
Supreme  Court,  District  and 
Probate  Courts,  and  Courts  of 
Justices  of  the  Peace. 

3.  When  Governor  is  impeached, 

the  Chief  Justice  shall  preside. 

5.  Treason  against  the  State, 

definition  of. 

6.  Supreme  Court  to  consist  of 


IXDEX. 


U 


Section 

three  justices,  a majority  of 
whom  shall  be  necessary  to 
make  a quorum,  or  pronounce 
a decision. 

7.  No  justice  of  Supreme  Court 

shall  hold  any  other  office  in 
the  State. 

8.  At  least  four  terms  of  said 

court  shall  be  held  annually. 

9.  Supreme  Court,  jurisdiction  of. 

10.  Shall  have  original  jurisdiction 

to  hear  claims  against  the 
State. 

11.  State  to  be  divided  into  five 

judicial  districts. — A judge  is  , 
to  be  chosen  from  each  dis- 
trict.— Term  of  office  to  be 
four  years. 

12.  District  judges  to  reside  in  the 

districts  from  which  they  are  j 
elected. 

13.  The  Legislature  shall  have  no  | 

power  to  deprive  the  judicial 
department  of  any  power  or 
• jurisdiction  which  rightfully 
pertains  to  it. 

14.  The  Legislature  may  provide  for  | 

the  establishment  of  special 
courts. 

15.  Clerk  of  Supreme  Court,  term  of  ' 

office  and  compensation.  ! 

16.  Clerk  of  the  District  Court,  ' 

term  of  office. 

17.  Salary  of  justices  of  Supreme 

Court  and  of  judges  of  the 
District  Courts. 

18.  District  Attorney,  term  of  office  ; 

and  salary. 

19.  How  vacancies  are  to  be  filled. 

20.  District  Court,  jurisdiction  of. 

21.  Probate  Courts,  jurisdiction  of.  | 

22.  Justices  of  the  peace,  jurisdic- 

tion of. 

23.  To  be  eligible  for  office  of  dis- 

trict judge. 

24.  Enumeration  of  the  judicial 

districts.  : 

25.  In  regard  to  defects  or  omis- 

sions in  the  laws.  I 

26.  All  general  laws  to  be  uniform  I 

in  operation. 

27.  Right  to  increase  or  diminish 

salaries. 


ARTICLE  VI. 

Suffrage  and  Elections. 

Section 

1.  All  elections  by  the  people  must 

be  by  ballot. 

2.  Qualified  electors,  who  are.  — 

Women  may  vote  at  school 
elections 

3.  Those  who  may  not  vote. 

4.  The  Legislature  may  prescribe 

additional  qualifications  for 
the  right  of  suffrage. 

5.  Service  under  the  United  States 

out  of  the  State  does  not 
cause  loss  of  residence. 

ARTICLE  VII. 

Finance  and  Revenue. 

1.  Fiscal  year  to  commence  on 

second  Monday  of  January  in 
each  year. 

2.  Such  revenue  as  is  needed  is  to 

be  provided  by  taxation. 

3.  Property  to  be  defined  by  law. 

4.  What  property  is  exempt. 

5.  All  laws  to  be  uniform  upon  the 

same  class  of  subjects. 

6.  For  what  the  Legislature  is  not 

to  impose  taxes. 

7.  As  to  State  taxes. 

8.  In  regard  to  taxing  corpora- 

tions. 

9.  What  the  rate  of  taxation  on 

real  and  personal  property 
shall  be. 

10.  It  is  illegal  to  use  State, 

county,  etc.,  money  for  per- 
sonal gain. 

11.  No  appropriations  shall  be 

made  which  shall  exceed  the 
total  taxes  for  the  year. 

12.  State  board  of  equalization,  to 

consist  of  whom. 

13.  No  money  shall  be  drawn  from 

the  treasury  but  in  pursuance 
of  appropriations  made  by 
law. 

14.  No  money  shall  be  drawn  from 

the  county  treasuries,  etc. 

15.  Business  of  the  counties  to  be 

conducted  on  a cash  basis. 

16.  The  Legislature  shall  pass  all 

laws  necessary  to  carry  out 
the  provisions  of  this  article. 


lii 


ENDEX. 


ARTICLE  VIII. 

Public  Indebtedness  and  Subsidies. 

Section 

1.  The  limit  of  State  indebtedness. 

2.  State  credit  not  to  be  given  or 

loaned. 

8.  No  subdivision  of  the  State 
shall  incur  indebtedness  in 
any  year  greater  than  the 
revenue  for  that  year. 

4.  No  subdivision  of  the  State  shall 
lend  its  credit. 

ARTICLE  IX. 

1.  Public  free  schools  to  be  estab- 
• lished. 

2.  Board  of  education. 

3.  The  public  school  fund  shall 

forever  remain  Inviolate  and 
intact. 

4.  What  the  public  school  fund  is 

to  consist  of.  ! 

6.  Sectarian  institutions  not  to  be  ! 
supported  by  State  funds. 

6.  How  the  public  schools  shall  be  : 

managed. 

7.  The  State  Board  of  Land  Com- 

missioners. 

8.  Duties  of  the  same. 

9.  In  regard  to  compulsory  educa- 

tion. 

10.  Location  of  the  University  of 
Idaho. 

U.  How  the  educational  fund  may 
be  loaned. 

ARTICLE  X. 

Public  Institutions. 

1.  Educational,  reformatory  and 

penal  institutions. 

2.  Location  of  seat  of  government 

to  be  at  Boise  City,  for  twenty 
years. 

3.  It  may  be  removed. 

4.  All  property  of  the  Territory  to 

become  State  property. 

6.  State  prison  commissioners,  to 
be  composed  of  whom. 

6.  Three  directors  for  insane  asy- 
lum. 


Section 

7.  State  institutions  may  be  re- 
moved for  sanitary  reasons. 

ARTICLE  XI. 

Corporations,  Public  and  Private. 

1.  All  existing  charters  under 

which  corporations  have  not 
commenced  business  in  good 
faith  at  the  time  of  the  adop- 
tion of  this  Constitution,  shall 
have  no  validity. 

2.  In  regard  to  changing,  extend- 

ing or  amending  charters  by 
special  law. 

3.  The  Legislature  may  provide  for 

altering,  revoking  or  annulling 
any  charter  existing  at  the 
time  of  the  adoption  of  this 
charter. 

4.  Elections  of  directors  or  man- 

agers of  corporations. 

5.  All  railroads  shall  be  public 

highways,  and  railroad  and 
express  companies  common 
carriers. 

6.  Rights  of  transportation. 

7.  Future  legislation  in  regard  to 

corporations. 

8.  Right  of  eminent  domain  shall 

never  be  abridged. 

9.  Fictitious  increase  of  stock  shall 

be  void. 

10.  Foreign  corporations  must  have 

one  or  more  places  of  business. 

11.  No  street  or  other  railroad  shall 

be  constructed  in  city  or  town 
without  the  consent  of  local 
authorities. 

12.  Laws  not  to  be  passed  for  the 

benefit  of  any  corporation  or 
individual. 

13.  In  regard  to  telegraph  or  tele- 

phone lines. 

14.  In  regard  to  consolidating  with 

corporations  not  organized  in 
this  State. 

15.  In  regard  to  passing  laws  per- 

mitting alienation  of  any  fran- 
chise. 

16.  Corporation,  definition  of. 


INDEX. 


liii 


Section 

17.  Stockholders  not  liable  in  any 

amount  over  or  above  the 
amount  of  stock  he  owns. 

18.  Combining  for  the  purpose  of 

fixing  the  pric^  of  any  article 
of  commerce  or  production  by 
the  soil  is  Illegal. 

ARTICLE  XII. 
Corporations,  Municipal. 

1.  General  laws  to  be  passed  for 

incorporating  cities  and  towns. 

2.  Counties,  cities  and  towns  may 

make  local,  police  and  sani- 
tary regulations. 

3.  The  State  shall  never  assume 

the  debts  of  any  county  or 
town  except  in  certain  cases. 

4.  No  county,  city  or  town  shall 

become  any  corporation,  etc. 

ARTICLE  XIII. 
Immigration  and  Labor. 

1.  Commissioner  of  immigration. — 

Labor  and  statistics. — Term  of 
office  and  duties. 

2.  Eight  hours  a day’s  work. 

3.  Convict  labor. 

4.  Employment  of  children  under 

fourteen  years  in  mines  not 
legal. 

6.  Only  citizens  of  the  United 
States  may  be  employed  on 
State  or  municipal  works. 

6.  Mechanics,  etc.,  to  have  an  ade- 

quate lien  on  the  subject- 
matter  of  their  labor. 

7.  Boards  of  arbitration,  the  duty 

of. 

8.  Commissioner  of  immigration, 

etc.,  duties  and  pay  prescribed 
by  law. 

ARTICLE  XIV. 

Militia. 

1.  Who  shall  be  enrolled. 

2.  Enrollment,  discipline  and 

equipment  of  militia. 

3.  Governor  to  commission  all 

militia  officers. 

4.  Disposal  of  records,  banners  and 

relics  of  the  State. 

6.  The  flag  which  may  be  carried. 

6.  Armed  police  or  detective 


I Section 

agency  may  not  be  brought 
into  the  State  for  suppression 
of  domestic  violence,  except 
upon  application  of  the  Leg- 
islature or  executive. 
ARTICLE  XV. 

Water  Rights. 

1.  They  are  subject  to  control  of 
the  State. 

2.  The  right  to  collect  rates  for 
use  of  water,  etc. 

3.  Who  has  the  first  right  to  use 
of  a running  stream. 

4.  In  regard  to  water  used  for 
agricultural  purposes. 

5.  In  regard  to  priority  of  right. 

6.  Rates  to  be  fixed  by  law. 

ARTICLE  XVI. 

Live  Stock. 

1.  Live  stock  to  be  protected  by 
law  against  certain  diseases. 

ARTICLE  XVII. 

Stale  Boundaries. 

1.  The  boundaries. 

ARTICLE  XVIII. 

County  Organizations. 

1.  The  counties  of  the  Territory 
shall  be  the  counties  of  the 
State. 

2.  In  regard  to  the  removal  of  the 
county  seat. 

3.  In  regard  to  the  division  of 
counties. 

4.  In  regard  to  the  establishment 

of  a new  county. 

6.  County  governments  to  be  iml- 

form. 

I 6.  County  officers  to  be  elected  bi- 
ennially. 

7.  Compensation  pf  officers  (pro- 
vided for  in  section  6 of  this 
article. 

8.  Compensation  provided  for  In 
section  7 of  this  article  shall 
be  paid  by  fees. — Excess  of 
fees  allowed  by  law  are  to  be 
turned  over  to  the  county 
treasurer. 


liv 


INDEX. 


Section 

9.  The  neglect  or  refusal  of  any 
officer  to  do  this  within  forty 
days  after  the  receipt  of  the 
same  shall  be  a felony, 

10.  The  board  of  county  commis- 

sioners shall  consist  of  three 
members  whose  term  of  office 
shall  be  two  years. 

11.  County,  township  and  precinct 

officers,  their  duties. 

ARTICLE  XIX. 
Apportionment. 

1.  Senatorial  districts. 

ARTICLE  XX. 

Amendments. 

1.  Amendments  may  be  proposed 
by  either  house. 

S.  If  two  or  more  are  proposed, 
they  shall  be  voted  for  sepa- 
rately. 

S.  In  regard  to  revising  or  amend- 
ing the  Constitution. 

ARTICLE  XXI. 

Schedule  and  Ordinance. 

1.  To  save  inconvenience  caused 

by  change  from  Territorial  to 
State  government. 

2.  All  Territorial  laws  now  in 

force  shall  remain  in  force  till 
they  expire,  if  not  repugnant 
to  the  Constitution. 

8.  Fines,  etc.,  accruing  to  the  Ter- 
ritory shall  accrue  to  the 
State. 

4.  Also,  all  bonds,  obligations. 


Section 

etc.,  shall  pass  over  to  the 
State. 

5.  In  regard  to  officers  appointed 

in  this  Territory. 

6.  The  Constitution  shall  be  sub- 

mitted to  the  electors  for  adop- 
tion or  rejection. 

7.  The  Constitution  to  take  effect 

immediately  upon  the  admis- 
sion of  the  Territory  as  a 
State. 

8.  Upon  the  admission  as  a State 

a proclamation  shall  be  pub- 
lished calling  an  election. 

9.  How  said  election  shall  be  con- 

ducted. 

10.  The  board  of  canvassers,  to  con- 

sist of  whom. 

11.  Duties  of  the  same. 

12.  Oath  of  office. 

13.  Term  of  office. 

14.  The  Governor-elect  shall  con- 

vene the  Legislature. 

15.  The  Legislature  shall  pass  laws 

to  carry  into  effect  the  pro- 
visions of  this  Constitution. 

16.  Proceedings  of  the  Territorial 

Supreme  Court  shall  pass  over 
to  the  same  of  the  State. 

17.  Territorial  seals  to  be  used  as 

State  seals. 

18 1 In  regard  to  Probate  Courts 
after  the  Constitution  is 
adopted. 

19.  Freedom  of  religious  thought, 
public  lands  and  boundaries, 
etc. 

?.0.  Adoption  of  the  Constitution. 


INDEX. 


Iv 


ILLINOIS. 


ARTICLES. 

Article 

1.  Boundaries  of  the  State. 

2.  Bill  of  rights. 

3.  Distribution  of  powers. 

4.  Legislative  department. 

5.  Executive  department. 

6.  Judicial  department. 

7.  Suffrage. 

8.  Education. 

9.  Revenue. 

10.  Counties. 

11.  Corporations. 

12.  Militia. 

13.  Warehouses. 

14.  Amendments. — How  proposed. 
Preamble. 

ARTICLE  I. 

Boundaries. 

ARTICLE  II. 

Bill  of  Rights. 

Section 

1.  Inherent  and  inalienable  rights. 

2.  Due  process  of  law. 

3.  Liberty  of  conscience  guaran- 

teed. 

4.  Freedom  of  speech. — Libel. 

5.  Right  of  trial  by  jury. 

6.  Unreasonable  searches  and  seiz- 

ures. 

7.  Bail  allowed. — Writ  of  habeas 

corpus. 

8.  Indictment  required. — Grand 

jury. 

9.  Plights  of  persons  accused  of 

crime. 

10.  Self-crimination. — Acquittal. 

11.  Penalties  no  corruption  of  blood 

or  forfeiture  of  estate. 

12.  Imprisonment  for  debt. 

13.  Compensation  for  property 
taken. 

*'*4.  Ex  post  facto  laws. — Contracts. 
— Irrevocable  grants. 

15.  Military  subordinate  to  dvii 

power. 

18.  Quartering  of  soldiers. 

17.  Right  of  assembly  and  petition. 


! Section 

! 18.  Elections  to  be  free  and  equal. 

1 19.  Protection  of  the  law. 

' 20.  Fundamental  principles. 

I ARTICLE  III. 

' Bisirihution  of  Powers. 

ARTICLE  IV. 

Legislative  De'partment. 

1.  General  Assembly. 

2.  Elections  — Vacancies. 

3.  Who  are  eligible. 

4.  Disqualification  by  crime. 

5.  Oath  of  office!  s. 

6.  Senatorial  appointment. 

7.  and  8.  Representatives  — (Inop- 

erative.) 

7.  and  8.  Minority  representation. 

9.  Time  of  meeting  — General  rules. 

10.  Open  sessions  — Adjournments 

— Journals  — Protests. 

11.  Style  of  laws. 

12.  Origin  and  passage  of  bills. 

13.  Reading  — Printing  — Title  — 

' Amendments. 

14.  Privileges  of  members. 

15.  Disabilities  of  members. 

16.  Appropriations. 

17.  Payment  of  money. — Statement 

of  expenses. 

18.  Ordinary  expenses  — Casual  de- 

ficits — Appropriations  limited. 

19.  Extra  compensation  or  allow- 

ance. 

20.  Public  credit  not  loaned. 

21.  Pay  and  mileage  of  members. 

22.  Special  legislation  prohibited. 

23.  Against  release  from  liability. 

24.  Proceedings  on  impeachment. 

25.  Fuel,  stationery  and  printing. 

26.  State  not  to  be  sued. 

27.  Lotteries  and  gift  enterprises. 

28.  Terms  of  office  not  extended. 

29.  Protection  of  miners. 

30.  Concerning  roads  — Public  and 

1 private. 

31.  Draining  and  ditching. 

! 32.  Homestead  and  exemption  laws. 

' 33.  Completion  of  the  State  house. 


Ivi 


INDEX. 


ARTICLE  V. 

Executive  Department. 

Section 

1.  Officers  — Terms. 

2.  State  Treasurer. 

3.  Time  of  electing  State  officers. 

4.  Returns  — Tie  — Contested  elec- 

tion. 

5.  Eligibility  for  office. 

6.  Governors  — Powers  and  duty. 

7.  His  message  and  statement. 

8.  Convening  the  General  Assem- 

bly. 

9.  Pro  rowing  the  General  Assem- 

bly. 

10.  Nominations  by  the  Governor. 

11.  Vacancies  may  be  filled. 

12.  Removals  by  the  Governor. 

13.  Reprieves  — Commutations — Par- 

dons. 

14.  Governor  as  Commander  - in - 

Chief. 

15.  Impeachment  of  officers. 

16.  Veto  power. 

17.  Lieutenant-Governor. 

18.  President  of  the  Senate. 

19.  Vacancy  in  Governor’s  office. 

20.  Vacancy  in  other  State  offices. 

21.  Reports  of  State  officers. 

22.  Great  seal  of  Illinois. 

23.  Fees  and  salaries. 

24.  Definition  of  “ office.” 

25.  Oath  of  civil  officers. 

ARTICLE  VI. 

Judicial  Department. 

1.  Courts  established. 

2.  Supreme  Court. — Jurisdiction. 

3.  Qualifications  of  a Supreme 

Judge. 

4.  Terms  of  the  Supreme  Court. 

5.  Grand  divisions. — Districts. 

6.  Election  of  Supreme  Judges. 

7.  Salaries  of  the  Supreme  Judges. 

8.  Appeals  and  writs  of  error. 

9.  Reporter. 

10.  Clerks  of  the  Supreme  Court. 

11.  Appellate  courts  authorized. 

12.  Circuit  courts. — Jurisdiction. 

13.  Judicial  circuits. 

14.  Time  of  holding  Circuit  Courts. 

15.  Judges. — Inciease. 

16.  Salaries  of  the  Circuit  judges. 


Section 

17.  Qualifications  of  judges  and 

county  commissioners. 

18.  County  judges. — County  clerks. 

19.  Appeals  from  county  courts. 

20.  Probate  courts  authorized. 

21.  Justices  of  the  peace  and  con- 
stables. 

22.  State’s  attorney  in  each  county. 

23.  Cook  County  Courts  of  Record. 

24.  Chief  justice. — Power  of  judges. 

25.  Salaries  of  the  judges. 

26.  Criminal  Court  of  Cook  county. 

27.  Clerks  of  Cook  County  Court. 

28.  Justices  in  Chicago. 

29.  Uniformity  in  the  courts. 

30.  Removal  of  any  judge. 

31.  Judges  to  make  written  reports. 

32.  Terms  of  office. — Filling  vacan- 

cies. 

33.  Process. — Prosecutions. — Popula- 

tion. 

ARTICLE  VII. 

Suffrage. 

1.  Qualification  of  voters. 

2.  All  voting  to  be  by  ballot. 

3.  Privileges  of  electors. 

4.  Voting  residence. 

5.  Soldiers  in  United  States  army. 

6.  Qualification  for  office. 

7.  Persons  convicted  of  crime. 

ARTICLE  VIII. 

Education. 

1.  Free  schools. 

2.  Gifts  or  grants  in  aid  of  schools. 

3.  Aid  to  sectarian  schools  pro- 

hibited. 

4.  Sale  of  text  books  — Teachers 

and  officers. 

5.  County  superintendent  of 

schools. 

ARTICLE  IX. 

Revenue. 

1.  Taxation  shall  be  uniform. 

2.  Other  and  further  taxation. 

3.  Property  exempt  from  taxation. 

4.  Sale  of  real  property  for  taxes. 

5.  Right  of  redemption. 

6.  Release  from  taxation  forbidden. 

I 7.  Taxes  paid  into  State  treasury. 


INDEX. 


Ivii 


Section 

8.  Limitation  on  county  taxes. 

9.  Local  municipal  improvements. 

10.  Municipal  taxation. 

11.  Defaulting  officers. 

12.  Limitation  of  municipal  indebt- 

edness. 

ARTICLE  X. 

Counties. 

1.  New  counties. 

2.  Division  of  any  county. 

3.  Attaching  or  detaching  territory. 

4.  Removal  of  county  seats. 

5.  County  government. 

6.  Board  of  county  commissioners. 

7.  County  affairs  in  Cook  county. 

8.  County  officers  — Terms  of  office. 

9.  Salaries  and  fees  in  Cook  county. 

10.  Salaries  fixed  by  county  board. 

11.  Township  officers’  fees. 

12.  Officers’  fees. 

13.  Sworn  reports  of  fees. 

ARTICLE  XI. 

Corporations. 

1.  Organization  of  corporations. 

2.  Existing  charters. 

3.  Election  of  directors  or  man- 

agers. 

4.  Construction  of  street  railroads. 

5.  State  bank  forbidden. — General 

law. 

6.  Liability  of  bank  stockholders. 

7.  Suspension  of  specie  payment. 

8.  Of  a general  banking  law. 


Section 

9.  Railroad. — Transfer  offices,  re- 
ports. 

10.  Personal  property  of  railroads. 

11.  Consolidations. 

12.  Railroads  deemed  highways. — 

Ra.tes  fixed. 

13.  Stocks,  bonds  and  dividends. 

14.  Power  over  existing  companies. 

15.  Freight  and  passenger  tariffs 

regulated. 

? ARTICLE  XII. 

! Militia. 

1.  Persons  liable  to  duty. 

2.  Organization — Equipment — Disci- 

pline. 

3.  Officers. 

4.  Privileged  from  arrest. 

5.  Records,  etc.,  preservation. 

6.  Exemption  from  duty. 

ARTICLE  XIII. 

Warehouses. 

1.  Public  warehouses. 

2.  Weekly  statements  required. 

I 3.  Examination  of  property  stored. 

I 4.  Delivery  of  full  weights. 

5.  Delivery  of  grain  by  railroads. 

6.  Warehouse  receipts. 

7.  Grain  inspection. 

ARTICLE  XIV. 
Amendments  to  the  Constitution. 

1.  By  a convention. 

2.  Proposed  by  the  Legislature. 


INDIANA. 


Article 

1.  Bill  of  rights. 

2.  Suffrage  and  election. 

3.  Distribution  of  powers. 

4.  Legislative. 

5.  Executive. 

6.  The  administrative. 

7.  Judicial. 

8.  Education. 

9.  State  institutions. 

10.  Finance. 

11.  Corporations. 

12.  Militia. 

13.  Political  and  municipal  corpora- 

tions. 


Article. 

14.  Boundaries. 

15.  Miscellaneous. 

16.  Amendments. 

Schedule. 

Preamble. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  All  rrien  are  naturally  equal  and 

have  certain  inalienable  rights. 
— Origin  of  power  and  object 
of  government. 

2.  Religious  freedom. 


INDEX 


l^iii 

Section 

3.  Laws  not  to  control  religious 

opinion. 

4.  No  preference  to  be  given  to  any 

particular  sect. 

5.  Religious  tests  and  qualifica- 

tions for  office  not  allowed. 

6.  No  money  to  be  drawn  from  the 

treasury  for  religious  or  theo- 
logical Institutions. 

7.  Witnesses  not  rendered  incom- 

petent on  account  of  religion. 

8.  Mode  of  administering  oaths. 

9.  Freedom  of  speech  and  of  the 

press.  I 

10.  Prosecutions  for  libel.  j 

11.  Exemption  from  Illegal  seizure®  i 

and  searches.  i 

12.  Courts  open. — Right  of  justice.  | 

13.  Rights  of  persons  accused  of 

crime. — Witnesses. — Counsel. 

14.  Second  trial  forbidden. — Not  to 

testify  against  one’s  self. 

15.  Confinement  in  jail  not  to  be  un- 

necessarily rigorous.  | 

16.  Excessive  bail  and  fines. — Cruel  j 

punishments. 

17.  Right  of  bail.  ! 

18.  Penal  Code  founded  on  princi-  i 

pies  of  reformation. 

19.  Juries  to  determine  the  law  and 

facts. 

20.  Right  of  trial  by  jury  in  civil 

cases. 

21.  Particular  services  or  private 

property  not  to  be  taken  witli- 
out  payment. 

22.  Imprisonment  for  debt  not  al- 

lowed. 

23.  Exclusive  privileges  not  to  be 

allowed. 

24.  Ex  post  facto  laws  forbidden. — 

Contracts. 

25.  No  law  to  be  passed  by  any 

authority  not  recognized  in 
Constitution. 

26.  Laws  only  to  be  suspended  by 

General  Assembly. 

27.  Privilege  of  writ  of  habeas  cor- 

pus. 

28.  Treason  defined. 

29.  Treason,  how  proven. 

30.  Conviction  not  to  work  corrup- 

tion of  blood  or  forfeiture. 


Section 

31.  The  people  have  the  right  to  as- 

semble together  in  a peaceable 
manner  to  consult  for  the  com- 
mon good. 

32.  Right  of  bearing  arms. 

33.  Military  subordinate  to  civil 

power. 

34.  Quartering  of  soldiers. 

35.  Titles  of  nobility  and  hereditary 

distinctions  forbidden. 

36.  Emigration  from  State  not  to  be 

forbidden. 

37.  Slavery  forbidden.  — Indentures 

of  negroes  made  out  of  State 
not  valid  in  it. 

ARTICLE  II. 

Suffrage  and  Election. 

1.  Elections  free  and  equal. 

2.  Qualifications  of  voters. 

3.  Persons  in  army  and  navy  not 

to  gain  right  by  being  sta- 
tioned. 

4.  Absence  in  service  of  State  or 

United  States  not  to  forfeit 
rights. 

5.  Negroes  and  mullatoes  denied 

the  right  of  voting.  (Stricken 
out.) 

6.  Bribery  at  elections  to  forfeit 

right. 

7.  Duelling  to  disqualify  from  vot- 

ing. 

8.  Laws  may  be  passed  depriving 

criminals  of  the  right  to  vote 
or  hold  office. 

9.  No  person  holding  a lucrative 

office  or  appointment  under 
the  United  States,  or  under  this 
State,  shall  hold  office.  — Ex- 
ceptions. 

10.  Non-accounting  holders  of  public 

money  to  be  eligible  to  office. 

11.  Appointments  pro  tempore, 

12.  Electors  privileged  from  arrest. 

13.  Election  by  the  people  to  be  by 

ballot  by  the  General  Assembly 
viva  voce. 

14.  Day  of  general  election. 


LNDEX. 


lix 


ARTICLE  III. 

Distribution  of  Powers. 

Section 

1.  The  legislative,  the  executive 
and  the  judicial. 

ARTICLE  IV. 

Legislative. 

1.  Powers,  how  vested. — Style  of 

laws. 

2.  The  number  of  each  house.  — 

Chosen  by  counties  and  dis- 
tricts. 

3.  Term  of  members  of  each  house. 

Classification  of  Senators. — In 
case  of  injuries. 

4.  Census  to  be  taken  once  in  six 

years. — Who  to  be  enumerated.  | 

5.  Apportionment.  ' 

6.  Districts  not  to  be  separated. 

7.  Qualification  of  members. — Least 

age.  , 

8.  Privilege  of  members. — Freedom  ! 

of  debate. 

9.  Sessions  biennial.  — Special  ses-  j 

sions. 

10.  Powers  of  each  house. — Adjourn- 

ments. 

11.  Two-thirds  of  each  house  shall 

constitute  a quorum. — Each 
house  shall  keep  a journal. 

13.  Doors  to  be  open,  except. 

14.  Punishment  of  members. — Ex- 

pulsion. 

16.  Power  over  persons  not  mem- 
bers. I 

16.  Each  house  to  have  powers  nec- 

essary in  a free  and  independ- 
ent State.  _ 

17.  Bills  may  originate  in  either  | 

house.  I 

18.  Every  bill  shall  be  read  on  three  | 

separate  days  in  each  house.  | 

19.  Every  act  shall  embrace  but  one  j 

subject,  and  matters  properly  j 
connected  therewith. 

20.  Every  act  and  joint  resolution 

shall  be  plainly  worded. 

21.  No  act  shall  be  revised  or 

amended  by  mere  reference  to 
its  title. 

22.  The  General  Assembly  shall  not 

pass  local  or  special  laws  as  I 


Section 

in  any  of  the  following  enumer- 
ated cases. 

23.  General  laws  shall  be  of  uniform 

operation. 

24.  Suits  against  the  State. — Special 

acts  for  this  not  allowed. 

25.  Bills  to  be  passed  by  a majority 

of  those  elected. 

26.  Right  of  protest. 

27.  Every  law  to  be  public,  if  not 

otherwise  declared. 

28.  Publication  of  laws,  in  cases  of 

emergencies. 

29.  Pay  of  members.  — Mileage.  — 

Limit  of  sessions. 

30.  Members  not  eligible  to  certain 

other  offices. 

ARTICLE  V. 

Education. 

1.  Executive  power  vested  in  Gov- 

ernor.— Not  to  be  elected  two 
consecutive  terms. 

2.  Lieutenant-Governor. — Term. 

3.  When  elected. 

4.  How  elected. — Returns  of  elec- 

tion. 

5.  In  case  of  tie,  how  settled. 

6.  Contested  elections  to  be  deter- 

mined by  law. 

7.  Qualifications  for  the  office. 

8.  Members  of  Congress. — Of  Fed- 

eral offices,  not  eligible. 

9.  Beginning  of  term. 

10.  Vacancy  in  office  of  Governor, 

how  filled. 

11.  President  of  the  Senate  In  case 

Lieutenant-Governor  serves  as 
Governor. 

12.  The  Governor  shall  be  command- 

er-in-chief of  the  militia. 

13.  To  communicate  by  a message. 

14.  To  sign  bills. — Veto  power  lim- 

ited. 

15.  To  transact  business  with  offi- 

cers of  government. — May  re- 
quire information. 

16.  He  shall  take  care  that  the  laws 

are  faithfully  e^^ecuted. 

17.  Pardoning  powers. 

18.  To  fill  certain  vacancies  in  office. 

19.  To  issue  writs  of  election  to  fill 

vacancies. 


ESTDEX. 


Lx 


Section 

20.  May  in  certain  cases  convene 

General  Assembly  elsewhere 
than  at  the  seat  of  govern- 
ment. 

21.  Lieutenant-Governor  to  preside 

in  Senate. — May  speak  in  com- 
mittee of  the  whole. — Casting 
vote. 

22.  Salary  of  Governor. 

23.  Of  Lieutenant-Governor. 

24.  They  are  not  eligible  to  other 

offices. 

ARTICLE  VI. 

A dminia  t rative . 

1.  State  officers,  eligible  four  years 

in  six. 

2.  County  officers. — Terms.-^  Limit 

of  eligibility. 

3.  Other  county  and  township  offi- 

cers to  be  elected  by  law. 

4.  Officers  must  be  voters. — Limit 

of  residence. 

5.  Official  residence  of  State  offi- 

cers. 

6.  Residence  and  offices  of  county 

officers,  etc. 

7.  Removal  of  State  officers. 

8.  Impeachment  or  removal  of 

officers. 

9.  Vacancies  in  county  and  town- 

ship offices. 

10.  Powers  may  be  conferred  upon 
county  boards. 

ARTICLE  VII. 

Judicial, 

1.  Judicial  powers  of  the  State, 

how  vested. 

2.  Supreme  Court,  how  organized. 

— Quorum. — Terms  of  judges. 

3.  The  State  shall  be  divided  into 

as  many  districts  as  there  are 
judges  of  the  Supreme  Court. 

4.  Jurisdiction  of  Supreme  Court. 

5.  Decision  to  be  in  writing  and  of 

record. 

fj.  Publication  of  decisions.— 
Judges  not  to  report  decisions. 

7.  Clerk  of  the  Supreme  Court.— 

Terms  and  duties. 

8.  Circuit  Courts. — Jurisdiction. 


Section 

9.  Judicial  Circuits. — Judges. — 
Terms. — Residence. 

10.  Exchange  of  circuits  by  judges. 

— Case  of  inability  to  hold 
court. 

11.  A prosecuting  attorney  in  each 

district. 

12.  Removal  of  judges  and  prose- 

cuting attorneys. 

13.  Salaries  of  judges. 

14.  Justices  of  the  peace. — Terms. 

— Powers. 

15.  Conservators  of  the  peace. 

16.  Judicial  officers  not  eligible  to 

any  other  offices. 

17.  General  Assembly  may  modify 

or  abolish  grand  jury  system. 

18.  Style  of  process. — Authority  of 

criminal  prosecutions. 

19.  Tribunals  of  conciliation. — To  be 

binding  only  when  parties 
consent. 

20.  Commissioners  to  revise  rules, 

etc. — May  reduce  the  laws  to 
a code. 

21.  Every  voter  entitled  to  admis- 

sion to  practice  law. 

ARTICLE  VIII. 

Education. 

1.  Duty  of  the  State  to  encourage 

improvements  in  schools. 

2.  The  common  school  fund  shall 

consist  of  the  Congressional 
township  fund,  and  the  lands 
belonging  thereto,  etc. 

3.  The  principle  to  remain  invio- 

late.— Income  to  be  applied 
for  no  purpose  but  schools. 

4.  Investment  of  school  fund. — 

Distribution. 

5.  In  case  of  failure  to  demand  its 

proportion  by  any  county. 

6.  Counties  liable  for  safe  keeping 

of  school  fund. 

7.  Trust  funds  to  be  inviolable. 

8.  The  election  of  Superintendent 

of  Public  Instruction. — Terms 
and  duties. 

ARTICLE  IX. 

State  Institutions. 

1.  Benevolent  institutions  to  be 
maintained. 


INDEX. 


XT 


Section 

2.  Houses  of  refuge  to  be  provided. 

3.  Who  are  to  be  supported  on 

fines  and  in  asylums. 

ARTICLE  X. 

Finance. 

1.  Taxation  to  be  uniform. — Prop- 
erty exempted. 

2.  Revenues  for  payment  of  the 

public  debt. 

3.  No  money  to  be  drawn  from  the 

treasury  but  in  pursuance  of 
appropriations  made  by  law. 

4.  Reports  of  receipts  and  expendi- 

tures shall  be  made. 

5.  Objects  for  which  State  debts 

can  be  contracted. 

6.  Restrictions  upon  county  sub- 

scriptions.— Credit  not  to  be 
loaned. 

7.  The  State  not  to  be  liable  to  pay 

or  redeem  any  certificate  of 
stock,  etc. 

ARTICLE  XI. 

Corporations. 

1.  No  bank  or  banking  company 

to  be  created,  except  as  pre- 
scribed by  Constitution. 

2.  Banking  law  for  all  banks,  ex- 

cept under  section  4. 

3.  In  case  of  a banking  law  being 

passed,  bills  to  be  counter- 
signed, securities,  under  State 
control. 

4.  A bank  with  branches  may  be 

chartered. 

5.  Mutual  responsibility  of  branch- 

es. 

6.  'Liability  of  bank  stockholders. 

7.  Redemption  of  bills  in  gold  or 

silver.  — No  suspension  of 
specie  payments  to  be  al- 
lowed. 

8.  Preference  to  bill. — Holders  in 

case  of  insolvency. 

9.  Banks  not  to  receive  a greater  | 

rate  of  interest  than  indi- 
viduals. 

10.  Banks  to  close  business  within  ; 

twenty  years. 

11.  Trust  funds  may  be  invested  in 

with  banks. — Safety  to  be  | 
guaranteed. 


Section 

12.  State  not  to  become  a stock- 

holder after  present  bank 
charter  expires. — Credit  not 
to  be  loaned. 

13.  Other  corporations  may  be 

formed  under  general  laws. 

14.  Dues  from  corporations,  how  se- 

cured.— Personal  liability  of 
incorporators 

ARTICLE  XII. 

Militia. 

1.  The  militia,  how  composed. — To 

be  armed,  equipped  and 
trained. 

2.  Governor  to  appoint  certain 

officers. 

3.  Officers  to  be  commissioned  by 

the  Governor. — Term  limited 
to  six  years. 

4.  Organization  and  subdivision  of 

militia. 

5.  Sedentary  and  active  militia. 

6.  Persons  may  be  exempted  from 

military  service. 

ARTICLE  XIII. 

Political  and  Municipal  Corporations. 

1.  No  political  or  municipal  corpo- 
ration in  this  State  shall  ever 
become  indebted.  In  any  ’man- 
ner or  for  any  purpose  to  any 
amount,  in  the  aggregate  ex- 
exceedlng  two  per  cent  of  the 
value  of  taxable  property 
within  such  corporation. 

ARTICLE  XIV. 

Description  of  Boundaries. 

1.  Description  of  boundaries. 

2.  Concurrent  jurisdiction  on  rivers 

forming  a common  boundary 
of  other  States. 

ARTICLE  XV. 

Miscellaneous. 

1.  Officers  not  enumerated,  to  be 

chosen  by  law. 

2.  Offices  not  limited  to  be  held  at 

pleasure  of  appointing  power. 
— New  offices.  — Not  more 
than  four  years. 

3.  Term  to  begin  when  elected  and 

qualified. 


Ixii 


ENTDEX. 


Section 

4.  Officers  to  ccke  an  official  oath. 

5.  Seal  to  be  kept  by  Governor. 

C.  Commissions,  how  sealed  and 

signed. 

7.  Least  area  of  new  counties. 

8.  Lotteries  forbidden. 


9.  Grounds 

reserved 

for  State 

capitol 

leased. 

not 

to 

be  sold  or 

10.  Preservation 

of 

Tippecanoe 

battleground. 


ARTICLE  XVI. 

Amendments. 

1.  Amendments  may  be  proposed 

in  either  branch  of  the  Gene- 
ral Assembly. 

2.  To  be  submitted. 

SCHEDULE. 

When  to  Take  Effect. 

1.  Laws  now  in  force,  continued. 

2.  Suits,  proceedings,  etc.,  con- 

tinued. 


Section 

3.  Fines,  penalties,  etc.,  to  be  con- 

tinued. 

4.  Acts  of  incorporations  for  mu- 

nicipal purposes  continued. 

5.  Governor  to  act  until  successor 

is  qualified. 

6.  First  session  of  General  As- 

sembly. 

7.  Senators,  continued. 

8.  First  election  under  Constitu- 

tion. 

9.  First  State  officers. 

10.  Continuance  of  office. — Proviso. 

11.  Officers  to  take  oath  to  support 

Constitution. 

12.  Vacancies  in  existing  offices. 

13.  Separate  vote  concerning  ne- 

groes and  mulattoes. 

14.  No  other  article  or  section  to  be 

submitted  separately. 

15.  A new  county  from  Perry  and 

Spencer  allowed,  if  voters  ap- 
prove. 

16.  Charter  of  Clarksville  may  be 

amended. 


IOWA. 


ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  All  men  are  by  nature  free  and 

equal,  and  have  certain  in- 
alienable rights. 

2.  The  political  power  is  inherent 

in  the  people. 

3.  There  shall  be  no  established 

religion. — Freedom  of  religious 
thought  and  worship. 

4.  No  religious  test  shall  be  re- 

quired as  a qualification  for 
office. 

5.  Duelling  disqualifies  for  office. 

6.  All  laws  of  a general  nature 

shall  have  a uniform  opera- 
tion. 

7.  Freedom  of  speech  and  of  the 

press. 

8.  Unreasonable  seizures  and 

searches  prohibited. 

9.  The  right  of  trial  by  jury  shall 

remain  Inviolate. 

10.  In  criminal  prosecutions,  the 


Section 

accused  shall  have  the  right 
to  a speedy  and  public  trial. 

11.  Where  fines  do  not  exceed  one 

hundred  dollars  or  imprison- 
ment thirty  days  after  trial 
shall  be  before  a justice  of 
the  peace. 

12.  No  person  shall,  after  acquittal, 

be  tried  for  the  same  offense. 

I 13.  A writ  of  habeas  corpus  shall 
not  be  suspended. 

j 14.  The  military  shall  be  subordi- 
nate to  the  civil  power. 

15.  Quartering  of  soldiers. 

16.  Treason  against  the  State  de- 

fined. 

17.  Excessive  bail  shall  not  be  re- 

quired.— Excessive  fines  shall 
not  be  imposed,  nor  cruel 
punishments  inflicted. 

18.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 


INDEX. 


Ixiii 


Section 

19.  No  person  shall  be  Imprisoned 

for  debt. 

20.  The  people  have  the  right  to 

assemble  together  to  consult 
for  the  common  good. 

21.  No  bill  of  attainder,  ex  post 

facto  law,  etc. 

22.  Foreigners  who  become  resi- 

dents of  the  State  shall  enjoy 
the  same  rights  of  property 
as  native  born  citizens. 

23.  Slavery  and  involuntary  servi- 

tude prohibited,  unless  for  the 
punishment  of  crime.  i 

24.  No  lease  or  grant  of  agricul-  1 

tural  lands  for  more  than  | 
twenty  years. 

25.  This  enumeration  of  rights  shall 

not  impair  others  retained  by 
the  people. 

26.  Prohibition.  I 

ARTICLE  II. 

Right  of  Suffrage. 

1.  Those  who  may  vote. 

2.  Electors  privileged  from  arrest 

on  days  of  election. 

3.  Not  obliged  to  perform  military 

duty  on  day  of  election. 

4.  No  soldier  or  sailor  of  the 

United  States  shall  be  consid- 
ered a resident  of  this  State 
by  reason  of  being  stationed 
therein. 

5.  Those  who  may  not  vote. 

6.  All  elections  by  the  people  shall 

be  by  ballot. 

ARTICLE  III. 

DUtrihutioii  of  Poicer. 

1.  The  legislative,  the  executive 
and  the  judiciary. 

Legislative  Department. 

1.  The  legislative  authority  of  this 

State  shall  be  vested  in  the 
General  Assembly,  which  shall 
consist  of  the  Senate  and 
House  of  Representatives. 

2.  Sessions  of  the  same  to  be  bi- 

ennial. 

3.  Election  of  the  House  of  Rep- 

resentatives. 

4.  Qualifications  of  the  same. 

5.  Qualification  of  Senators.  ' 


Section 

6.  The  number  or  Senators. 

7.  Each  house  shall  choose  its  own 

officers,  and  judge  of  the 
qualifications  of  its  members, 

8.  A majority  of  each  house  shall 

constitute  a quorum  to  tran- 
sact business. 

9.  Each  house  shail  keep  a journal. 

— The  consent  of  two-thirds 
to  expel  a member. 

10.  Every  member  of  the  General 

Assembly  may  protest  against 
any  act,  etc. 

11.  Senators  and  Representatives 

privileged  from  arrest. 

12.  Vacancies  to  be  filled  by  the 

Governor. 

13.  The  doors  of  each  house  shall 

be  opened,  except. 

14.  May  not  adjourn  for  more  than 

three  days. 

15.  Bills  may  originate  in  either 

house. 

16.  Every  bill  before  it  becomes  a 

law  shall  be  signed  by  the 
Governor. 

17.  No  bill  shall  be  passed  unless 

by  the  assent  of  a majority, 
etc. 

18.  The  statement  of  receipts  and 

expenditures  of  public  moneys 
shall  be,  etc. 

19.  The  House  of  Representatives 

shall  have  the  sole  power  of 
impeachment. 

20.  Officers  who  are  liable  to  im- 

peachment. 

21.  No  Senator  or  Representative 

during  his  term  shall  be  ap- 
pointed to  any  civil  office,  etc. 

22.  No  person  holding  a lucrative 

office  under  the  United  States 
or  this  State  may  hold  a seat 
in  the  General  Assembly. 

23.  No  person  who  may  be  a col- 

lector or  holder  of  public 
moneys  may  hold  any  office 
of  trust  or  profit  in  this  State 
until  he  shall  have  accounted 
for  and  paid  into  the  treasury 
all  sums  for  which  he  may  be 
liable. 

24.  No  money  shall  be  drawn  from 


Ixiv 


INDEX, 


Section 

the  treasury  but  in  conse- 

quence of  appropriations  made 
by  law. 

25.  The  pay  of  the  General  Assem- 
bly. 

26.  What  laws  passed  by  the  Gene- 

ral Assembly  are  to  take 

effect. 

27.  No  divorce  shall  be  granted  by 

the  General  Assembly. 

28.  Lotteries  illegal. 

29.  Every  act  shall  embrace  but 

one  subject. 

30.  The  General  Assembly  shall 

not  pass  local  or  special  laws 
in  the  following  cases. 

31.  In  regard  to  extra  compensa- 

tion. 

32.  Oath  of  affirmation. 

33.  Enumeration  of  the  inhabitants 

to  be  made  every  ten  years. 

34.  The  number  of  Senators  shall 

after  each  enumeration  be 
fixed  by  law. 

35.  They  shall  not  consist  of  more 

than  fifty  members,  nor  the 
House  of  Representatives  of 
more  than  a hundred. 

36.  At  its  first  session  under  this 

Constitution,  etc.,  they  shall 
fix  the  ratio  of  representation. 

37.  In  regard  to  a congressional, 

senatorial  or  representative 
district  when  composed  of  two  f 
or  more  counties. 

38.  In  all  elections  by  the  General  j 

Assembly  the  vote  shall  be  j 
viva  voce. 

ARTICLE  IV. 

Executive  Department. 

1.  The  supreme  executive  power 

vested  in  the  Governor. 

2.  Shall  be  elected  by  qualified 

votes. 

3.  Lieutenant-Governor. — Term  of 

office  and  time  of  election. 

4.  In  case  of  tie. 

5.  Contested  elections  for  Gover- 

nor, etc.,  shall  be  determined 
by  the  General  Assembly. 

6.  To  be  eligible  for  the  office  of 


Section 

Governor  and  Lieutenant-Gov- 
ernor. 

7.  The  Governor  shall  be  Com- 

mander-in-Chief  of  the  militia. 

8.  He  may  require  information  in 

writing  from  the  officers  of 
the  executive  department. 

9.  He  shall  take  care  that  the 

laws  are  carefully  executed. 

10.  The  Governor  shall  have  the 

power  to  fill  certain  vacancies. 

11.  He  may,  on  extraordinary  occa- 

sions, convene  the  General 
Assembly. 

12.  He  shall  communicate  by  mes- 

sage to  the  General  Assembly. 

13.  In  case  of  disagreement  between 

the  two  houses  with  respect 
to  the  time  of  adjournment, 
he  shall  have  the  power  to 
adjourn  the  same. 

14.  No  person  shall,  while  holding 

office  in  the  authority  of  the 
United  States  or  this  State 
execute  the  office  of  Governor. 

15.  The  official  term  of  the  Governor 

and  Lieutenant  - Governor, 
when  to  commence. 

16.  The  Governor  shall  have  the 

power  to  grant  reprieves, 
commutations  and  pardons. 

17.  In  case  of  death  or  impeach- 

ment or  other  disabilities  of 
the  Governor,  the  Lieutenant- 
Governor  shall  fill  his  place. 

18.  The  Lieutenant-Governor  shall 

be  president  of  the  Senate. 

19.  If  while  the  Lieutenant-Gover- 

nor is  acting  as  Governor  he 
shall  become  incapable  of  per- 
forming his  duties,  the  presi- 
dent pro  tempore  of  the  Sen- 
ate shall  act  as  Governor  until 
the  vacancy  is  filled. 

20.  The  seal  of  State  to  be  kept  by 

the  Governor. 

21.  All  grants  and  commissions  shall 

be  in  the  name  of  the  State. 

22.  The  Secretary  of  State,  Auditor 

and  Treasurer,  their  election 
and  term  of  office. 


INDEX. 


Ixv 


ARTICLE  V. 

Judicial  Department. 

Section 

1.  The  judicial  power  is  vested  in 

the  Supreme  Court,  District 
Court,  etc. 

2.  The  Supreme  Court  shall  consist 

of  three  judges,  two  of  whom 
shall  constitute  a quorum. 

3.  Their  election  and  qualifications. 

4.  The  Supreme  Court  shall  have 

appellate  jurisdiction  only  in 
cases  of  chancery. 

5.  The  District  Court  shall  consist 

of  a single  judge. — His  term  of 
office. 

6.  The  District  Court,  and  its  juris- 

diction. 

7.  The  judges  of  the  Supreme  and 

District  Courts  shall  be  con- 
servators of  the  peace. 

8.  The  style  of  all  process. 

9.  Salaries  of  judges  of  the  Su- 

preme Court,  and  of  the  Dis- 
trict Court. 

10.  The  State  shall  be  divided  into 

eleven  judicial  districts,  etc. 

11.  They  shall  be  chosen  at  the 

general  election. 

12.  Attorney-General  to  be  elected 

by  the  people. — His  term  of 
office. 

13.  A county  attorney  shall  be 

elected,  who  shall  reside  in  the 
county  from  which  he  was 
elected. 

14.  It  shall  be  the  duty  of  the 

General  Assembly  to  provide 
for  the  carrying  into  effect  of 
this  article. 

ARTICLE  VI. 

Militia. 

1.  The  militia. — Composed  of  whom. 

2.  No  person  having  scruples  of 

bearing  arms  shall  be  com- 
I>elled  to  do  military  duty,  etc. 

3.  All  commissioned  officers  of  the 

militia  shall  be  commissioned 
by  the  Governor. 

ARTICLE  VII. 

State  Debt. 

1.  The  credit  of  the  State  shall  not 

be  given  or  loaned. 

2.  The  State  may  contract  debts  to 

supply  casual  deficits. 


Section 

3.  In  regard  to  losses  of  a perma- 

nent school  or  university  fund. 

4.  The  State  may  also  contract 

debts  to  repel  invasion. 

5.  In  regard  to  contracting  other 

debts. 

6.  Laws  passed  for  contracting 

further  debts  if  none  had  been 
contracted  in  pursuance  there- 
of, may  be  repealed. 

7.  Every  law  which  imposes,  con- 

tinues or  revives  the  tax  shall 
distinctly  state  the  tax. 

ARTICLE  VIII. 

Corporations. 

1.  No  corporation  shall  be  created 

by  special  laws. 

2.  The  property  of  corporation* 

for  pecuniary  profit  shall  be 
subject  to  taxation. 

3.  The  State  not  to  become  a 

stockholder,  etc. 

4.  No  political  or  municipal  cor- 

poration shall  become  a stock- 
holder in  any  banking  corpo- 
ration. 

5.  All  laws  authorizing  corpora- 

tions with  banking  powers 
shall  be  submitted  to  the 
people  before  they  shall  take 
effect. 

6.  A State  bank  with  branches  may 

be  established. 

7.  If  a State  bank  is  established  it 

shall  be  founded  on  actual 
specie  basis. 

8.  If  a general  banking  law  shall 

be  enacted,  etc. 

9.  Every  stockholder  in  a banking 

corporation  shall  be  individ- 
ually responsible  and  liable  to 
its  creditors,  etc. 

10.  In  case  of  the  insolvency  of  any 

banking  institution,  the  bill 
holders  shall  have  a preference 
over  all  its  other  creditors. 

11.  The  suspension  of  specie  pay- 

ments shall  never  be  per- 
mitted. 

12.  The  General  Assembly  shall 

have  power  to  amend  or  repeal 
all  laws  for  the  creation  of 
corporations,  etc. 


Ixvi 


INDEX. 


ARTICLE  IX. 

Education  and  School  Lands. 

First. 

Section 

1.  Board  of  education. 

2.  No  person  shall  be  eligible  as 

member  of  said  board  who 
shall  not  have  attained  ithe 
age  of  twenty-five  years. 

3.  Choosing  of  the  members  of  the 

board. 

4.  The  meeting  of  the  first  session 

of  the  same. 

6.  The  sessions  shall  be  limited  to 
twenty  days.  1 ' 

6.  A secretary  shall  be  appointed. 

— His  duties. 

7.  Rules  and  regulations  to  be  pub- 

lished. 

8.  The  board  shall  have  full  power 

to  legislate,  etc. 

9.  The  Governor  of  the  State  shall 

be  ex  officio  a member  of  the 
board. 

10.  The  board  shall  have  no  power 

to  levy  taxes. 

11.  The  State  University. 

12.  Common  schools  to  be  kept  open 

three  months  in  each  year. 

13.  The  members  of  the  board  shall 

receive  the  same  per  diem. 

14.  A majority  of  the  board  shall 

constitute  a quorum  for  the 
transaction  of  business. 

16.  The  General  Assembly  shall  have 
the  power  to  abolish  or  reor- 
ganize said  board. 

Second. 

1.  They  shall  be  under  the  control 

and  management  of  the  Gene- 
ral Assembly. 

2.  The  university  lands. 

3.  The  General  Assembly  shall  en- 

courage intellectual  improve-  | 
ment.  j 

4.  Certain  moneys  to  be  applied 

for  the  support  of  common 
schools. 

5.  The  General  Assembly  to  have 

a general  supervision  of  school 
funds  and  lands. 

6.  The  financial  agents  of  the 

school  funds  shall  be  the  same 
as  control  the  State  and  county 
revenue. 


Section 

7.  The  money  subject  to  the  sup- 
port of  common  schools  to  be 
distributed  proportionately. 

ARTICLE  X. 

Amendments  to  the  Constitution. 

1.  Any  amendment  to  the  Consti- 

tution may  be  proposed  in 
either  house. 

2.  If  two  or  more  amendments 

shall  be  submitted,  etc.,  the 
electors  shall  vote  for  or 
against  each  of  such  amend- 
ments separately. 

3.  The  Constitution  may  be  revised 

once  in  ten  years. 

ARTICLE  XI. 

Miscellaneous. 

1.  The  jurisdiction  of  justices  of 

the  peace. 

2.  Requirements  for  creating  a new 

county. 

3.  No  county  or  other  political  or 

municipal  corporation  is  to 
contract  debts,  etc. 

4.  The  boundaries  of  the  State  may 

be  enlarged,  with  the  consent 
of  Congress  and  the  General 
Assembly. 

5.  Every  person  before  entering 

upon  the  duties  of  his  office  to 
take  an  oath  or  affirmation  to 
support  the  Constitutions  of 
the  United  States  and  this 
State,  and  also  an  oath  of 
office. 

6.  In  regard  to  the  filling  of  va- 

cancies. 

7.  In  regard  to  the  General  As- 

sembly locating  public  lands. 

8.  The  seat  of  government  is  per- 

manently established  at  the 
city  of  Des  Moines. 

ARTICLE  XII. 

Schedule. 

1.  The  Constitution  shall  be  the 

supreme  law  of  the  State. 

2.  All  laws  nowi  in  force  not 

inconsistent  with  this  Consti- 
tution shall  remain  in  force 
until  they  expire. 


INDEX. 


xvn 


Section  , 

3.  In  regard  to  -indictments,  prose-  ' 

cutions,  etc.,  pending  in  any  | 
of  the  courts.  j 

4.  All  fines,  penalties,  etc.,  shall 

inure  to  the  State,  county  or  | 
school  fund,  in  the  manner  | 
prescribed  by  law.  j 

5.  In  regard  to  the  bonds  executed  | 

to  the  State.  j 

6.  The  date  of  the  first  election  j 

under  this  Constitution.  | 

7.  The  date  of  the  first  election  of  ' 

State  officers. 

8.  The  first  election  of  judges  of  , 

the  Supreme  Court,  etc.  ' 

9.  When  the  first  regular  session  of  i 

the  General  Assembly  shall  be  | 
held.  i 


Section 

10.  How  long  the  Senators  elected 

at  the  August  election  shall 
remain  in  office. 

11.  No  person  elected  by  popular 

vote,  or  by  vote  of  the  General 
Assembly  shall  hold  office  for 
a longer  period  than  this  Con- 
stitution prescribes. 

12.  The  State  shall  be  divided  into 

eleven  judicial  districts. 

13.  This  Constitution  shall  be  sub- 

mitted to  the  electors  to  be 
accepted  or  rejected. 

14 . Shall  the  word  white  be  stricken  out  ? 

15.  Until  otherwise  directed  by  law, 

the  county  of  Mills  shall  be  a 
part  of  the  sixth  judicial  dis- 
trict. 


KANSAS. 


Preamble. 

Bill  of  rights. 

I.  Executive. 

II.  Legislative. 

III.  Judicial. 

IV.  Elections. 

V.  Suffrage. 

VI.  Education. 

VII.  Public  institutions. 

VIII.  Militia. 

IX.  County  and  township  organi- 
zation. 

X.  Apportionment. 

XI.  Finance  and  taxation. 

XII.  Corporations. 

XIII.  Banks  and  currency. 

XIV.  Amendments. 

XV.  Miscellaneous. 

Schedule. 

Resolutions. 

Amendm'ents. 

Bill  of  Rights. 

Section 

1.  All  men  equal.— Inalienable 

rights. 

2.  Origin  of  political  power. — Ob' 

jects  of  governments. — No 

special  privileges  to  be  grant- 
ed.— This  power  not  to  be  exer- 


Section 

cised  by  any  tribunal  or 
agency. 

3.  Right  of  assembling  and  peti- 

tioning. 

4.  Right  of  bearing  arms. — Stand- 

ing armies.— Military  to  be 
; subordinate  to  civil  power. 

5.  Right  of  trial  by  jury. 

6.  Slavery  prohibited. 

7.  Religious  freedom. — No  religious 

tests  allowed. 

8.  Right  of  habeas  corpus. 

9.  Right  of  bail. — Excessive  bail. — 

Cruel  punishments. 

10.  Rights  of  persons  accused  of 

crime. — Witnesses. — Counsel. — 
Witness  against  ones-self. — 
Twice  in  jeopardy. 

11.  Freedom  of  speech  and  of  the 

j press. — Trials  of  libel. 

i 12.  Trial  to  be  within  the  State.— 
! Corruption  of  blood. — Forfeit- 

j ure. 

; 13.  Treason  defined. — How  punished. 

14.  Quartering  of  soldiers. 

15.  Security  against  illegal  seizures 

and  searches. 

16.  Imprisonment  for  debt  not  al- 

lowed except  in  case  of  fraud. 


Ixviii 


INDEX. 


Section 

17.  No  distinction  between  citizens 

and  aliens  as  to  property. 

18.  Right  of  justice. 

19.  Hereditary  emoluments  not  al- 

lowed. 

20.  This  enumeration  of  rights  not 

to  impairl  others  remaining 
with  the  people. 

ARTICLE  I. 

Executive. 

1.  Executive  department.  — How 

composed. — Elected  for  two 
years. — Term,  when  to  begin. 

2.  Elections,  how  returned. — State 

canvassers. — Case  of  equal 

vote. 

8.  Supreme  executive  powers  vest- 
ed in  Governor  to  see  that  laws 
are  executed. 

4.  May  require  information  in 
writing. 

6.  May  convene  Legislature  on  j 
extraordinary  occasions. — Mes-  j 
sages. — Recommend  measures. 

6.  May  adjourn  both  houses  in  cer- 

tain cases. 

7.  Pardoning  power. 

8.  State  seal  to  be  kept  by  Gov- 

ernor. 

9.  Commissions,  how  issued,  signed 

and  sealed. 

10.  Certain  officers  not  eligible  as 

Governor. 

11.  In  case  of  vacancy,  Lieutenant- 

Gove^or  to  act  'residue  of 
term. 

12.  Lieutenant-Governor  to  be  Pres- 

ident of  Senate. — Shall  vote 
when  President  pro  tempore. 

13.  Case  of  vacancy  in  office  of  Lieu- 

tenant-Governor or  acting  as  j 
Governor. 

14.  Vacancies  in  other  offices  of  ex- 

ecutive department. 

15.  Pay  of  officers  of  executive  de- 

partment.— Neither  increased 
nor  diminished. 

16.  To  report  to  Governor  before 

each  session  of  Legislature. 


ARTICLE  II. 

Legislative. 

Section 

1.  Legislative  power,  how  vested. 

2.  House  of  Representatives. — Sen- 

ate.— Number  limited. — Basia 

of  representation. 

3.  Pay  of  members. — Mileage. — 

Limit. 

4.  Qualification  of  members. 

5.  Members  of  Congress,  etc.,  not 

eligible. — Acceptance  to  vacant 
seat. 

6.  Embezzlement  or  misuse  of  pub- 

lic funds  to  forfeit  seat. 

7.  Oath  of  office  of  State  officers. 

8.  Quorum. — Rules. — Judges  of  elec- 

tion of  members. 

9.  Vacancies  in  both  houses. 

10.  Journals. — Teas  and  nays. — Ad- 

journments. 

11.  Right  of  protest. — To  be  entered 

upon  journals. 

12.  Origin  of  bills. — Amendments. 

13.  Majority  elected  necessary  to 

pass  bills. 

14.  To  be  signed  by  Governor. — ^Veto 

power. 

15.  To  be  read  on  three  separate 

days. — When  this  rule  may  be 
suspended. 

16.  Bills  to  embrace  but  one  subject. 

— Laws. — How  revived  or 
amended. 

17.  General  laws.— To  be  uniform  in 

operation. 

18.  No  divorces  to  be  granted  by 

Legislature. 

19.  Limitation  of  laws.— Publication. 

— Power  to  provide  for  elec- 
tions. 

20.  Enacting  clause  of  laws.— No 

law  to  be  passed  except  by 
bill. 

21.  Local  legislation  may  be  al- 

lowed. 

22.  Freedom  of  legislative  debate. — 

Privilege  of  members. 

23.  Schools  to  be  provided. — No  dis- 

tinction between  sexes  as  to 
rights. 

24.  No  money  to  be  drawn  from 

treasury  but  by  law. — ^Appro- 
priations limited  to  two  years. 


IOT)EX. 


IXLS 


Section 

25.  Sessions  held  at  State  capital. — 

When  to  commence. 

26.  Census  once  in  ten  years. — In  1865 

and  after. 

27.  Impeachments. — To  be  tried  by 

Senate. 

28.  Officers  liable  to  impeachment. — 

Limit  of  judgment.— Further 
trial. 

29.  General  election  in  1876. — There- 

after elect  members  of  House 
for  two  years,  Senate  (four 
years. 

ARTICLE  III. 

Judicial. 

1.  Judicial  power,  how  vested. — 

All  courts  of  record  to  have  a 
seal. 

2.  Supreme  Court,  how  composed. — 

Quorum. — Term. — First  election. 

3.  Jurisdiction  of  Supreme  Court. — 

Terms. 

4.  Officers  of  court  to  be  appointed. 

— Terms. 

5.  Judicial  districts. — One  judge  in 

each. — Term. — Duties. 

6.  Jurisdiction  of  District  Courts. 

7.  Clerks  of  District  Court. — Term. 

8.  Probate  Courts. — Jurisdiction. — 

To  consist  of  one  judge. — Elect- 
ed.— Compensation. 

9.  Justices  of  the  Peace. — Term. — 

Powers. — Number. 

10.  Appeals  from  Probate  Courts 

and  Justices  of  the  Peace. 

11.  Election  of  judicial  officers. — Va- 

cancies.— How  filled. 

12.  Judicial  officers  to  hold  until  suc- 

cessors have  qualified. 

13.  Salaries,  not  to  be  increased  dur- 

ing term. — Not  to  receive  fees. — 
Not  to  practice  law. 

14.  Judicial  districts  may  be  in- 

creased during  term. — Not  to 
vacate  any  office. 

15.  Removal  of  justices  and  judges. 

16.  Jurisdiction  at  chambers. — To  be 

regulated  by  law. 

17.  Style  of  process.— Authority  for 

prosecution. 

18.  Judicial  districts. 


I Section 

[ 19.  Counties  may  be  attached  for 
judicial  purposes. 

I 20.  Judges  pro  tempore  in  certain 

; cases. 

I 

I ARTICLE  IV. 

! Elections. 

I 1.  Election  by  the  people  to  be  by 

^ ballot. — In  Legislature  to  be 

viva  voce. 

{ 2.  Elections. — When  held. 

ARTICLE  V. 

j Suffrage. 

I 1.  Qualifications  of  electors. — Class- 
I es  entitled  to  privilege, 

j 2.  Classes  excluded. — Defaulters  to 
government. — Those  guilty  of 
! bribery. — Disloyal  persons. 

I 3.  Soldiers,  etc.,  not  to  gain  right 
by  residence. — Not  to  vote. — 

I Do  not  gain  or  loose. 

4.  Proofs  as  to  those  entitled  to 
vote. 

j 5.  Duelling  to  disqualify  from  hold- 
I ing  office. 

j 6.  Bribery  at  elections  to  disqualify 
for  the  term  to  which  elected. 

7.  Privilege  of  electors  from  arrest. 

ARTICLE  VI. 

Education. 

1.  State  Superintendent  of  Public 

Instruction. — A superintendent 
in  each  county. — Term. 

2.  Intellectual  improvement,  etc., 

to  be  encouraged. — Schools  of 
high  grade. 

3.  Proceeds  of  certain  public  lands. 

Other  sources  of  school 
fund. 

4.  Distribution  of  school  funds  an- 

nually.— No  State  funds  unless 
three  months  schools  each 
year. 

5.  School  lands. — When  sold. — Re- 

valuation once  in  five  years. — 
Leased,  when. 

6.  Sundry  moneys  applied  to  school 

purposes. 

7.  State  university — Normal  schools 

University  fund. 


Ixx 


mDEX 


Section 

8.  No  religious  sect  to  have  con- 

trol of  school  or  university 
funds. 

9.  Board  of  coinmi  sioners. — To  have 

management  of  school  funds. 

ARTICLE  VII. 

Public  Instilutiom. 

1.  Benevolent  institutions  to  be  sup- 

ported by  State. — Trustees,  how 
appointed. 

2.  Penitentiary.  — Directors,  how 

elected. 

3.  Vacancies  in  office,  how  filled. 

4.  Support  of  aged  and  infirm  by 

counties. 

ARTICLE  VIII. 

Militia. 

1.  How  composed. — Persons  who 

may  be  exempted. 

2.  Militia  to  be  organized  and  dis- 

ciplined. 

3.  Election  of  militia  officers. 

4.  Governor  commander-in-chief. — 

When  to  call  out  militia. 

ARTICLE  IX. 

County  and  Township  Organizations. 

1.  Organization  of  new  counties. — 

County  lines. — County  seats. — 
Change  of  seat. — Least  area  of 
new  county. 

2.  County  and  township  officers. 

3.  County  officers  to  hold  two  years, 

etc.,  except  commissioners, 
who  hold  three. — Sheriff  and 
treasurer  limited. 

4.  Township  officers. — Term  annual, 

except  justices  of  the  peace. 

6.  Removal  of  county  and  township 
officers. 

ARTICLE  X. 

Apportionment. 

1.  Each  county  to  have  at  least 

one  Representative. — Districts. 

2.  Basis  of  representation. — The 
* census  once  every  five  years. 

3.  Present  apportionment  in  the 

two  Houses. 


ARTICLE  XI. 

Finance  and  Taxation. 

Section 

1.  Assessment  and  taxation  to  be 

uniform. — Property  exempted. 

2.  Taxing  of  notes,  bills,  etc.,  of 

banks  and  bankers. 

3.  Revenues  to  pay  current  expen- 

ses of  the  State. 

4.  No  tax  to  be  levied  but  by  law. 

— The  object  to  be  stated. — To 
be  applied  to  no  other  purpose. 

5.  State  debt  limited. — Laws  creat- 

ing debt. — How  passed. 

6.  To  be  submitted  to  direct  vote 

of  people. 

7.  State  may  borrow  money  to  re- 

pel invasion,  etc. — Money  thus 
raised  to  be  applied  exclusively 
to  its  object. 

8.  State  not  to  carry  on  internal 

improvements. 

ARTICLE  XII. 

Corporations. 

1.  No  special  acts  to  be  passed 

conferring  corporate  power.— 
General  laws. — Subject  to 
amendment  or  repeal. 

2.  Individual  liability  of  stock- 

holders. 

3.  Religious  corporations,  how  title 

vested. 

4.  Right  of  way.— Payment,  how 

made  or  secured. 

5.  Organization  of  cities  and  towns. 

6.  Term  “corporation”  defined. — 

May  sue  and  be  sued. 

ARTICLE  XHI. 

Banks  and  Currency. 

1.  No  bank  to  be  established  but 

by  general  law. 

2.  Security  required  from  banks. — 

Auditor  to  register  and  coun- 
tersign bills. 

3.  Additional  security.— When  re- 

quired. 

4.  Redemption  of  circulating  notes. 

— Holders  of  notes  to  have 
preference  in  case  of  insolv- 
ency. 

5.  State  not  to  be  a stockhoder  in 

in  any  bank. 


INDEX. 


Ixxi 


Section 

6.  Banks  required  to  keep  offices 

and  officers  at  convenient 
places  in  State. 

7.  Limit  of  denomination  of  notes. 

8.  Banking  law  to  be  submitted  to 

vote  of  people. 

9.  Any  banking  law  may  be 

amended  or  repealed. 

ARTICLE  XIV. 

Amendments. 

1.  How  proposed  by  Legislature.— 

How  ratified  by  people. 

2.  Convention,  how  called. 

ARTICLE  XV. 

Miscellaneous. 

1.  Officers  not  otherwise  provided 

for  to  be  as  law  directs. 

2.  Tenure  may  be  fixed  by  law. — If 

not  fixed,  to  be  at  pleasure  of 
appointing  power. — Not  over 
four  years. 

3.  Lotteries  and  sale  of  lottery 

tickets  prohibited. 

4.  Public  printer,  how  elected. — 

Term  of  office. 

6.  Receipts  and  expenditures  to  be 
published. 

6.  Protection  of  rights  of  married 

women. 

7.  Salaries  may  be  reduced  for  ne- 

glect of  legal  duty. 

8.  Temporary  seat  of  government. — 

Permanent  location  by  popular 
vote. 

9.  Homestead  exemption. 

10.  Prohibition. 

SCHEDULE. 

1.  Continuation  of  suits,  actions,  etc. 

2.  Fines,  penalties,  bonds,  etc.,  con- 

tinued. 


Section 

3.  Governor,  secretary,  judges,  etc., 

to  hold  until  superseded. 

4.  Continuance  of  laws  until  re- 

pealed or  expiration. 

5.  Governor  to  use  private  seal 

until  State  seal  is  provided. 

6.  Certain  offices  to  be  kept  at  seat 

of  government. 

7.  Records,  documents,  books,  etc., 

how  disposed  of. 

8.  Suits,  pleas,  proceedings,  etc., 

to  continue. 

9.  Vote  on  adoption  or  rejection  of 

Constitution. 

10.  Vote. — How  to  be  cast, 
i 11.  If  adopted,  an  election  to  be  held 
j for  members  of  Legislature  and 

I other  officers. 

I 12.  Persons  allowed  to  vote  at  first 
I election. 

I 13.  Votes  to  be  registered. 

I 14.  Judges  of  election  to  take  an 
oath. — Vacancies  in  board. — 
How  filled. 

15.  Hours  of  election. 

16.  Poll  books  to  be  furnished. 

17.  Votes,  how  counted. — Returns, 

how  made. 

18.  Poll  books  and  tally  lists,  how 

kept  or  returned. — Time  for 
making  returns. 

19.  County  tribunals  to  canvass 

votes. — To  make  returns  to 
president  of  convention. 

20.  Board  of  State  canvassers. — Re- 

sults, how  declared. 

21.  Proclamation  announcing  result. 

22.  Copies  to  be  transmitted  to  Presi- 

dent and  officers  of  Congress. 

23.  Duty  of  Governor  upon  notice  of 

admission  of  State. 

24.  First  Legislature  not  to  change 

county  lines. 

25.  Separate  vote  on  homestead 

question. 


Ixxii 


E^DEX. 


KENTUCKY. 


Preamble.  I 

Bill  of  rights. 

Distribution  of  the  powers  of 
government. 

Legislative  department. 

Local  and  special  legislation. 
County  and  county  seats. 
Impeachments. 

Executive  department. 

Officers  for  districts  and  coun- 
ties. 

Judicial  department. 

Court  of  Appeals. 

Circuit  Court. 

Quarterly  Courts. 

County  Courts. 

Justice  Courts. 

Fiscal  Courts. 

Suffrage  and  elections. 

' Municipalities. 

Revenue  and  taxation. 

Education. 

Corporations. 

Railroads  and  commerce. 

Militia. 

General  provisions. 

Mode  of  revision. 

Schedule. 

Bill  of  Rights. 

Section 

1.  All  men  are  by  nature  free  and 

equal,  and  have  certain  Inher-  [ 
ent  rights. 

2.  Absolute  and  arbitrary  power 

over  the  lives,  liberty  and  prop- 
erty of  freemen  exists  no- 
where. 

3.  No  special  privileges  shall  be 

made  to  any  man  or  set  of 
men. 

4.  All  power  is  inherent  in  the 

people. 

6.  No  preference  shall  be  given  by 
law  to  any  religious  sect. 

6.  All  elections  shall  be  free  and 

equal. 

7.  The  right  of  trial  by  jury. 

8.  Freedom  of  the  press. 

9.  In  cases  of  libel  the  truth  may 

be  given  in  evidence. 


I Section 

j 10.  Unreasonable  searches  and  seiz- 
ures are  illegal. 

11.  The  rights  of  accused  in  criminal 
j prosecutions. 

' 12.  No  person,  for  indictable  of- 
fenses. shall  be  proceeded 
j against  criminally. 

! 13.  No  person  shall  be  put  in  jeop- 
ardy twice  for  the  same  of- 

! fense. 

j 14.  All  courts  shall  be  open,  and 
justice  shall  be  had  without 

! sale  or  delay. 

I 15.  No  power  to  suspend  laws  shall 
i be  exercised  unless  by  the 

General  Assembly. 

! 16.  Bail  shall  be  accepted,  except 
for  capital  offenses. 

I 17.  Excessive  bail  or  fines  shall  not 
' be  required  nor  cruel  punlsh- 

i ment  inflicted. 

I 18.  No  imprisonment  for  debt, 
i 19.  No  ex  post  facto  law  shall  be 
^ enacted. 

j 20.  No  person  shall  be  attainted  of 
treason  or  felony  by  the  Gene- 
ral Assembly. 

21.  The  estate  of  suicides. 

22.  No  standing  army. — The  military 

subordinate  to  the  civil  power. 
— Quartering  of  soldiers. 

23.  No  title  of  nobility  or  hereditary 

distinctions. 

I 24.  Emigration  from  the  State  shall 
j not  be  prohibited, 

j 25.  Slavery  and  Involuntary  servi- 
tude forbidden,  except, 
j 26.  To  guard  against  transgression 
^ of  the  high  powers  we  have 

I delegated,  etc. 

' Distribution  of  Powers. 

i 27.  The  legislative,  executive  and 
; judicial. 

28.  They  shall  not  exercise  the 

powers  of  each  other. 

29.  The  legislative  power  shall  be 

vested  in  a House  of  Repre- 
sentatives and  Senate. 


INDEX. 


Ixxiii 


Section 

30.  The  election  of  the  members  of 

the  same. 

31.  How  they  shall  be  elected. 

32.  To  be  eli^ble  as  a Representa- 

tive or  Senator. 

33.  The  State  to  be  divided  into 

thirty-eight  senatorial  districts 
and  one  hundred  representa- 
tive districts. 

34.  The  Legislature  shall  choose  its 

officers  biennially. 

35.  There  shall  be  one  hundred  Rep- 

resentatives and  thirty-eight 
Senators. 

36.  When  the  first  General  Assembly 

under  this  Constitution  shall 
meet. 

37.  A majority  of  the  members  of 

each  house  shall  constitute  a 
quorum. 

38.  The  General  Assembly  shall 

judge  of  the  qualifications  of 
its  own  members. 

39.  The  General  Assembly  may  de- 

termine its  own  rules  and  pun- 
ish members  for  disorderly 
conduct. 

40.  Each  house  shall  keep  a journal. 

41.  They  may  not  adjourn  for  more 

than  three  days. 

42.  Compensation  for  the  same. 

43.  They  shall  be  privileged  from 

arrest. 

44.  No  member  of  the  General  As- 

sembly shall  be  appointed  to 
any  civil  office  during  his 
term,  nor  for  one  year  there- 
after. 

45.  No  holder  of  public  money  shall 

be  eligible  to  the  General  As- 
sembly, unless. 

46.  Every  bill  shall  be  read  on  three 

different  days  in  each  house. 

47.  Bills  for  raising  revenue  shall 

originate  in  the  House  of  Rep- 
resentatives. 

48.  The  General  Assembly  shall  have 

no  power  to  diminish  the  re- 
sources of  the  sinking  fund. 

49.  It  may  contract  debts  not  to 

exceed  $500,000. 

50.  In  regard  to  its  power  to  author- 

ize any  debt  on  behalf  of  the 
commonwealth,  etc. 


Section 

51.  No  law  shall  relate  to  more  than 

one  subject. 

52.  The  indebtedness,  or  liability  of 

corporations,  or  individuals, 
shall  not  be  released. 

53.  Monthly  investigations  shall  be 

provided  for  by  law  into  the 
accounts  of  the  Treasurer  and 
Auditor. 

54.  In  regard  to  injuries  resulting 

in  death,  or  to  personal  prop- 
erty. 

55.  No  act,  except,  etc.,  shall  be- 

come a iaw  until  ninety  days 
after  adjournment. 

56.  No  bill  shall  become  a law  until 

signed  by  the  Governor. 

57.  If  a member  has  a personal  or 

private  interest  in  a bill,  he 
shall  not  vote  thereon. 

58.  The  General  Assembly  shall  not 

audit  nor  allow  any  private 
claim  against  the  common- 
wealth, except. 

59.  The  General  Assembly  shall  not 

pass  local  or  special  acts  in 
any  of  the  following  cases. 

60.  It  shall  not  indirectly  enact  any 

special  or  local  act  by  the  re- 
peal in  part  of  a general  act, 
etc. 

61.  In  regard  to  the  sale  of  intoxi- 

cating liquors. 

62.  The  style  of  the  laws. 

Counties  and  County  Seats. 

63.  In  regard  to  the  forming  of  new 

counties. 

64.  No  county  shall  be  divided,  with- 

out submitting  the  question  to 
a vote  of  the  people  of  the 
county. 

65.  There  shall  be  no  territory 

stricken  from  any  county  un- 
less a majority  of  the  voters 
shall  petition  for  it. 

Impeachment. 

66.  Sole  power  in  the  House  of  Rep- 

resentatives. 

67.  Shall  be  tried  by  the  Senate. 

68.  The  Governor  and  all  civil  offi- 

cers shall  be  liable  to  impeach- 
ment. 


Ixxiv 


INDEX. 


Executive  Department. 

Section 

69.  Supreme  executive  power  vested 

in  the  Governor. 

70.  His  election. 

71.  He  may  not  serve  for  the  suc- 

ceeding four  years  after  the 
expiration  of  his  term. 

72.  To  be  eligible  for  the  same. 

73.  When  his  term  of  office  shall 

begin. 

74.  His  salary  to  be  fixed  by  law. 

75.  He  shall  be  Commander-in-Chief 

of  the  militia. 

76.  He  may  fill  certain  vacancies. 

77.  His  powers. 

78.  He  may  require  information  in 

writing  from  the  officers  of  the 
executive  department. 

79.  His  message. 

80.  He  may,  on  extraordinary  occa- 

sions, convene  the  General  As- 
sembly. 

81.  He  shall  take  care  that  the  laws 

are  faithfully  executed. 

82.  The  Lieutenant-Governor,  his 

election  and  term  of  office. 

83.  He  shall  be  president  of  the  Sen- 

ate, and  may  vote  in  case  of 
tie. 

84.  He  shall  take  the  Governor’s 

place  under  certain  conditions. 

85.  A president  pro  tempore  of  the 

Senate. 

86.  The  compensation  of  Lieutenant- 

Governor,  or  president  pro  tem- 
pore of  the  Senate. 

87.  In  case  of  the  death  or  disability 

of  the  Lieutenant  - Governor, 
etc. 

88.  The  Governor  may  veto  a bill. 

89.  Every  order,  resolution  or  vote 

in  which  conference  of  both 
houses  may  be  necessary  shall 
be  presented  to  the  Governor. 

90.  Contested  elections  for  Gover- 

nor and  Lieutenant-Governor, 
how  determined. 

91.  Qualification  and  election  of 

State  officers.  — Their  duties 
and  term  of  office. 

92.  The  Attorney-General. 

93.  Certain  State  officers  may  not  be 

re-elected. 


Section 

94.  The  office  of  Register  of  the 

Land  Office  may  be  abolished. 

95.  The  time  for  electing  State 

officers  under  this  Constitution. 

96.  All  the  officers  mentioned  in 

section  ninety-five  shall  be  paid 
by  saiary  and  not  otherwise. 

97.  At  the  general  election  in  1892 

there  shall  be  elected  in  each 
Circuit  Court  district  a com- 
monwealth attorney,  anct  in 
each  county  a county  clerk. — 
Their  duties  and  terms  of 
office. 

98.  The  Commonwealth’s  attorney. — 

His  salary. 

99.  Election  of  county  officers.  — 

Their  term  of  office. 

100.  To  be  eligible  to  the  offices 

mentioned  in  sections  ninety- 
seven  and  ninety-nine. 

101.  The  qualifications  of  constables. 

— Their  jurisdiction  and  term 
of  office. 

102.  When  a new  county  shall  be 

created.  — Officers  for  the 
same. — Shall  serve  until  the 
next  regular  election. 

103.  Certain  county  officers  to  give 

bonds  and  security. 

104.  The  office  of  assessor  may  be 

abolished. 

105.  The  offices  of  jailor  and  sheriff 

may  be  united. 

106.  The  fees  of  county  officers  shall 

be  regulated  by  law. 

107.  The  General  Assembly  may  pro- 

vide for  the  election  or  appoint- 
ment of  such  other  county 
officers  as  may  be  necessary. 

108.  After  the  expiration  of  six 

years  from  the  adoption  of 
this  Constitution  the  office  of 
Commonwealth’s  attorney 
may  be  abolished. 

Judicial  Department. 

109.  The  judicial  power  of  the  State 

shall  be  vested  in  the  Senate 
and  one  Supreme  Court  (to  be 
styled  the  Court  of  Appeals.) 

110.  It  shall  have  appellate  jurisdic- 

tion only. — Its  powers. 


IXDEX 


IXXT 


Section 

111.  The  Court  of  Appeals  shall  be 

held  at  the  seat  of  govern- 
ment. 

112.  Term  of  office  for  judges  of  the 

sajne. — They  may  be  removed. 

113.  Shall  consist  of  not  less  than 

five  nor  more  than  seven 
judges. 

114.  To  be  eligible  as  judge  of  said 

court. 

115.  The  present  judges  shall  hold 

their  offices  until  their  terms 
expire. 

116.  They  shall  be  elected  by  dis- 
tricts. 

117.  A majority  of  the  judges  of  the 

Court  of  Appeals  will  consti- 
tute a quorum. 

118.  The  judge  longest  in  commis- 

sion shall  be  Chief  ^Justice. 

119.  The  Superior  Court  shall  con- 

tinue until  the  terms  of  the 
present  judges  expire. 

120.  The  clerk  of  the  Court  of  Ap- 

peals.— His  term. 

121.  To  be  eligible^  to  said  office. 

122.  Should  a vacancy  occur  in  the 

office  of  clerk,  how  filled. 

123.  The  style  of  process  shall  be. 

124.  The  clerks  of  the  Court  of  Ap- 

peals, Circuit  and  County 
Courts  may  be  removed. 

125.  A Circuit  Court  shall  be  estab- 

lished in  each  county. 

126.  The  jurisdiction  of  the  same. 

127.  The  right  to  appeal,  etc.,  shall 

remain  as  it  now  exists  until 
altered  by  law. 

12S.  The  State  to  be  divided  into 
judicial  districts. 

129.  Elections  shall  be  held  in  each 

district  to  elect  a judge. 

130.  To  be  eligible  as  judge  of  Cir- 

cuit Court. 

131.  There  shall  be  at  least  three 

regular  terms  of  the  same  in 
each  county  everj*  year. 

132.  Additional  districts  may  be 

added. 

133.  Compensation  of  judges  of  the 

Circuit  Court. 

134.  The  judicial  districts  of  the 

State  shall  not  be  changed, 


Section 

except  at  the  first  session 
after  enumeration. 

135.  No  courts,  save  those  provided 

for  in  this  Constitution,  shall 
be  established. 

136.  In  case  the  judge  of  a Circuit 

Court  shall  fail  to  attend. 

137.  Each  county  having  a popula- 

tion of  150,000  or  over  shall 
constitute  a district,  which 
shall  be  entitled  to  four 
judges. 

13S.  Each  county  having  a city 
of  20,000  inhabitants,  and  a 
population,  including  said  city, 
of  40,000  or  more,  may  con- 
stitute a district. 

139.  The  Quarterly  Court  shall  be 

established  in  each  county.— 
Jurisdiction  of  the  same. 

140.  County  Court  to  consist  of  one 

judge. — His  compensation. 

• 141.  The  jurisdiction  of  the  same. 

142.  Justices  of  the  peace. — Juris- 

diction of  the  same. 

143.  A Police  Court  may  be  estab- 

lished.— Its  jurisdiction. 

144.  Each  county  shall  have  a Fiscal 

Court. 

SiiJ'rage  and  Ekctions. 

145.  To  be  eligible  to  vote. 

146.  Xo  person  in  the  military,  naval 

or  marine  service  of  the 
United  States  shall  be  deemed 
a resident  of  this  State  by 
reason  of  being  stationed 
within  the  same. 

147.  All  persons  entitled  to  vote 

shall  register. 

14S.  >Tot  more  than  one  election 
each  year  in  the  State  shall 
be  held. 

149.  Voters  privileged  from  arrest, 

etc. 

150.  What  disqualifies  from  holding 

office. 

151.  The  unlawful  use  of  money  in 

an  election  disqualifies  for 
office. 

152.  How  vacancies  shall  be  filled. 

153.  Except  as  otherwise  provided 

for,  voting  shall  be  regulated 
by  general  law. 


XXVI 


INDEX. 


Section 

154.  The  sale  of  intoxicating  liquors 

on  election  days  to  be  con- 
trolled by  law. 

155.  The  provisions  of  sections  145 

to  154,  inclusive,  shall  not 
apply  to  the  election  of  school 
trustees. 

Municipalities. 

156.  Cities  and  towns  of  the  State, 

for  the  purpose  of  organiza- 
tion, shall  be  divided  into  six 
classes. 

157.  The  limit  of  tax  rates  of  cities, 

towns  and  counties. 

158.  The  limit  of  indebtedness  which 

may  be  incurred  by  the  same. 

159.  In  case  any  county,  city  or 

town  is  authorized  to  con- 
tract a debt,  etc. 

160.  The  municipal  officers  shall  be 

elected  by  qualified  voters. 

— Their  terms  of  office. 

161.  Compensation  of  the  same. 

162.  No  county,  city,  town  or  other 

municipality  shall  pay  any 
claim  created  against  it,  with- 
out express  authority  of  the 
law. 

163.  No  street  railway,  telephone  or 

other  similar  company  shall 
be  authorized  to  construct 
lines  without  the  consent  of 
the  local  authorities. 

164.  No  county,  city,  etc.,  shall  grant 

any  franchise  for  a term  ex- 
ceeding thirty  years. 

165.  No  person  shall  at  the  same 

time  be  a State  officer,  etc., 
or  a member  of  the  General 
Assembly. 

166.  All  acts  of  incorporation  here- 

tofore granted  shall  continue 
in  force  under  this  Constitu- 
tion. 

167.  Election  of  city  and  town  of- 

ficers. 

168.  No  municipal  ordinance  shall 

fix  a penalty  for  a violation 
thereof  at  less  than  that  im- 
posed by  statute  for  the  same 
offense. 


Bevenue  and  Taxation. 

Section 

169.  When  the  fiscal  year  shall  com- 

mence. 

170.  What  property  is  to  be  exempt 

from  taxation. 

171.  The  General  Assembly  shall 

provide  by  law  an  annual  tax, 
etc. 

172.  All  property  not  exempted  shall 

be  assessed  at  a fair  cash 
value. 

173.  The  making  of  profit  out  of 

public  funds  shall  be  deemed 
a felony. 

174.  All  corporate  property  shall  pay 

the  same  rate  of  taxation  as 
paid  by  individual  property. 

175.  The  power  to  tax  property  shall 

not  be  surrendered. 

167.  The  State  shall  not  assume  the 
debt  of  any  of  its  sub-df vi- 
sions. 

177.  The  credit  of  the  State  shall  not 

be  given  or  loaned. 

178.  All  laws  authorizing  the  bor- 

rowing of^money  by  the  State 
or  any  of  its  subdivisions, 
shall  specify  the  purpose  for 
which  the  money  is  to  be 
used. 

179.  No  sub-division  of  the  State 

may  become  a stockholder  in 
any  company. 

180.  The  poll  tax  may  not  exceed 

one  dollar  and  fifty  cents  per 
head. 

181.  The  State  may  not  impose  taxes 

for  the  benefit  of  any  of  its 
sub-divisions. 

182.  Nothing  in  this  Constitution 

shall  prevent  the  General  As- 
sembly from  providing  by  law 
how  railroads  and  railroad 
property  shall  be  assessed. 

Education. 

183.  Common  schools  to  be  main- 

tained throughout  the  State. 

184.  The  school  fund  shall  remain 

inviolate. 

185.  Provisions  by  law  shall  be 

made  in  regard  to  the  school 

fund. 


INDEX. 


Ixxvii 


Section 

186.  Each  county  to  receive  its  pro- 

portionate share  of  the  school 
fund. 

187.  No  distinctions  to  be  made  on 

account-  of  race  or  color  in 
the  distribution  of  the  school 
fund. — There  shall  be  sepa- 
rate schools  for  white  and  ! 
colored  children.  ^ 

188.  All  moneys  received  from  the  i 

United  States  shall  become  a 
part  of  the  school  fund. 

189.  No  money  shall  be  donated  to 

any  sectarian  institution. 

Corporations. 

190.  Requirements  for  a corporation  j 

to  obtain  the  benefit  of  future 
legislation. 

191.  All  charters,  etc.,  under  which 

an  actual  organization  shall 
not  have  taken  place  at  the 
time  of  the  adoption  of  this 
Constitution,  shall  be  void. 

192.  NO'  corporation  shall  engage  in 

business  other  than  that  au- 
thorized by  its  charter. 

193.  For  what  corporations  shall 

issue  stock  and  bonds. 

194.  All  corporations  carrying  on 

business  in  this  State  shall 
have  one  or  more  places  of 
business. 

195.  The  right  of  eminent  domain. 

196.  Transportation  charges  for 

freight  and  passengers  to-  be 
regulated  by  law. 

197.  It  shall  be  illegal  to  give  passes 

to  any  officers  of  the  State  or 
of  any  of  its  sub-divisions. 

198.  The  General  Assembly  shall 

enact  laws  to  prevent  trusts, 
pools,  or  combinations. 

199.  Telegraph  lines  may  be  con- 

structed within  the  State  and 
may  connect  with  other  lines 
the  same  as  telephone  com- 
panies. 

200.  If  any  railroad,  telegraph  or 

express  company  shall  con- 
solidate with  any  like  com- 
pany not  organized  in  this 


Section 

State  it  shall  not  thereby  be- 
come a foreign  corporation. 

201.  No  telephone,  telegraph  or  com- 

mon carrier  company  shall 
consolidate  with  any  other 
company  owning  parallel  or 
competing  lines,  etc. 

202.  Foreign  companies  shall  not 

transact  business  in  the  State 
on  more  favorable  terms  than 
are  permitted  to  domestic 
companies. 

203.  No  corporation  shall  lease  any 

franchise  so  as  to  relieve  the 
same  from  liabilities  of  the 
lessee. 

204.  Any  banking  officer  who  shall 

receive  money  on  deposit, 
knowing  the  bank  to  be  in- 
solvent, is  guilty  of  a felony. 

205.  Corporations  abusing  their  cor- 

porate powers  snail  forfeit 
their  charters. 

206.  Elevators  and  storehouses  de- 

clared to  be  public  ware- 
houses, and  subject  to  legis- 
lative control. 

207.  In  regard  tc  the  elections  for 

directors  or  managers  of  cor- 
porations. 

208.  The  word  corporation  defined. 

Railroad  and  Commerce. 

209.  Railroad  commission.  — The 

term  and  duties  of  the  same. 

210.  No  corporation  engaged  in  the 

business  of  common  carrier 
shall  engage  in  any  other 
business. 

211.  Those  who  are  not  privileged 

to  the  right  of  eminent  do- 
main. 

212.  Rolling  stock  and  other  mov- 

able property  belonging  to 
any  railroad  shall  be  consid- 
ered personal  property,  etc. 

213.  In  regard  to  the  duties  of  rail- 

roads, transfer,  belt  lines  and 
railway  bridge  companies 
have  certain  duties  to  perform 
in  regard  to  other  similar 
companies. 

214.  They  shall  not  make  any  ex- 

clusive or  preferential  con- 


Ixxviii 


INDEX. 


Section 

tract  or  arrangement  with 
any  individual,  etc. 

215.  Other  regulations  in  regard  to 

the  same. 

216.  The  tracks  of  such  companies 

may  intersect  or  cross. 

217.  Any  person,  association  or  cor- 

poration violating  any  of  the 
above  provisions  willfully 
shall  be  fined  for  the  first 
offense  $2,000. 

218.  Regulations  in  regard  to  the 

charges  of  common  carriers 

Militia. 

219.  The  militia,  to  consist  of  whom. 

220.  The  General  Assembly  shall 

provide  for  maintaining  an 
organized  militia,  and  may 
exempt  certain  persons  from 
service. 

221.  The  discipline  and  equipment 

of  the  militia  shall  conform 
as  nearly  as  possible  in  the 
armies  of  the  United  States. 

222.  Militia  officers  not  otherwise 

provided  for  shall  be  elected 
by  persons  subject  to  military 
duty. 

223.  The  safe  keeping  of  public  arms, 

military  records,  etc. 

General  Provisions. 

224.  The  General  Assembly  shall 
. provide  by  general  law  what 

officers  shall  execute  a bond, 
etc. 

225.  No  armed  bodies  of  men  shall 

be  brought  into  the  State  to 
suppress  domestic  violence. 

226.  Lotteries  illegal. 

227.  An  enumeration  of  officers  sub- 

ject to  indictment  or  prose- 
cution for  malfeasance  in 
office. 

228.  Oath  or  affirmation  to  be  taken. 

229.  Treason  against  the  State  de- 

fined. 

230.  No  money  shall  be  drawn  from 

the  State  treasury  except  by 
appropriation. 

231.  The  General  Assembly  may  di- 

rect by  law  in  what  manner 


Section 

suits  may  be  brought  against 
the  State. 

232.  How  the  oath  shall  be  admin- 

istered. 

233.  In  regard  to  certaip  laws  which 

shall  be  in  force  until  re- 
pealed. 

234.  All  civil  officers  for  the  State 

and  all  officers  for  the  sub- 
divisions of  State  shall  re- 
side and  keep  their  offices 
within  the  State  and  its  sub- 
divisions. 

235.  The  salaries  for  public  officers 

shall  not  be  changed  during 
the  terms  for  which  they  were 
elected. 

236.  The  time  when  the  officers  au- 

thorized by  this  Constitution 
shall  enter  upon  their  duty. 

237.  No  officer  of  the  United  States 

shall  be  eligible  to  hold  office 
in  this  State. 

238.  In  regard  to  persons  who  are 

sureties  for  public  officers. 

239.  Duelling  debars  from  office. 

240.  But  offender  may  be  pardoned 

after  five  years  by  the  Gov- 
ernor. 

241.  Damages  may  be  obtained  for 

death  or  injury  inflicted  by 
negligence  of  corporations. 

242.  Private  property  taken  for  pub- 

lic use  shall  receive  just  com- 
pensation. 

243.  In  regard  to  the  employment 

of  children. 

244.  All  wage-earners  employed  in 

factories,  mines,  workshops, 
or  by  corporations  shall  be 
paid  in  lawful  money. 

245.  Commissioners  shall  be  appoint- 

ed to  revise  the  statute  laws 
of  this  State. 

246.  In  regard  to  the  limit  of  sal- 

aries. 

247.  In  regard  to  printing,  etc. 

248.  The  grand  jury,  to  consist  of 

whom. 

249.  "Enumeration  of  clerks,  etc.,  of 

the  General  Assembly. — Their 
pay. 


INDEX. 


Ixxix 


Section 

250.  Differences  may  be  decided  by 

arbitrators, 

251.  In  regard  to  the  possession  of 

lands  lying  within  this  State 
where  it  is  necessary  for  their 
recovery  to  refer  to  any  pat- 
ent issued  by  the  State  of 
Virginia. 

252.  Institutions  Of  detention,  cor- 

rection and  reformation  to  be 
maintained. 

253.  Contract  convict  labor  prohib- 

ited. 

254.  The  State  shall  maintain  the 

control  of  convicts,  etc. 

255.  The  seat  of  government  shall 

continue  in  the  city  of  Frank- 
fort, unless. 

Mode  of  Revision. 

256.  Amendments  may  be  proposed 

from  either  house. 

257.  Before  an  amendment  shall  be 

submitted  it  shall  be  published 
at  least  ninety  days  before  a 
vote  shall  be  taken  thereon. 

258.  A convention  revising  or 

amending  the  Constitution 
may  be  called. 

259.  It  shall  consist  of  as  many  dele- 

gates as  there  are  members 
of  the  House  of  Representa- 
tives. 

260.  The  manner  of  electing  dele- 

gates. 


Section 

261.  The  duties  of  the  General  As- 

sembly in  regard  to  calling 
the  convention. 

262.  The  convention  when  assembled 

shall  be  the  judge  of  the 
election  and  qualification  of 
its  own  members. 

263.  Before  a vote  is  taken  upon  the 

question  of  calling  a conven- 
tion, a notice  of  the  election 
shall  be  published. 

SCHEDULE. 

1.  All  laws  in  force  at  the  time  of 

the  adoption  of  this  Constitu- 
tion shall  remain  in  force  until 
repealed. 

2.  In  regard  to  obligations,  etc., 

entered  into  before  the  adop- 
tion of  this  Constitution. 

3.  Certain  courts  as  now  consti- 

tuted and  organized  by  law 
shall  continue  with  their  re- 
spective jurisdictions. 

4.  State  officers  shall  continue  to 

hold  their  offices  until  the 
election  and  qualification  of 
their  successors. 

5.  All  officers  who  may  be  in  office 

at  the  adoption  shall  continue 
until  their  successors  are 
elected. 

6.  In  regard  to  certain  courts 

created  by  this  Constitution. 


LOUISIANA. 


Preamble. 

Bill  of  Rights. 

Section 

1.  All  government  of  right  origi- 

nates with  the  people. 

2.  The  people  Lave  the  right  to  be 

secure  against  unreasonable 
searches  and  seizures. 

3.  The  people  hive  the  right  to  bear 

arms,  but  not  concealed  weap- 
ons. 

4.  Established  religion  prohibited. 

— Freedom  of  speech  and  of 


Section 

the  press. — The  right  of  the 
people  to  assemble  peaceably 
to  consult  for  the  common 
good 

5.  Slavery  or  involuntary  servi- 

tude, except  for  the  punish- 
ment of  crime,  forbidden. 

6.  No  person  shall  be  compelled  to 

give  evidence  against  himself, 
ncr  shall  he  be  deprived  of 
life,  liberty  or  property  with- 
out due  process  of  law. 


Ixxx 


INDEX. 


Section 

7.  In  criminal  prosecutions,  the  ac-  [ 

cused  shall  have  a speedy  and  ! 
public  trial  by  an  impartial  i 
jury. 

8.  He  shall  also  be  informed  of  the 

nature  of  the  accusation  and 
he  may  defend  himself  by 
counsel. 

9.  Excessive  bail  or  excessive  fines 

shall  not  be  required  nor  cruel 
punishments  inflicted. — Bail  to 
be  accepted  except  for  capita] 
offenses. 

10.  The  writ  of  habeas  corpus  shall 

not  be  suspended. 

11.  Justice  to  be  administered 

without  denial  or  unreasonable 
delay. 

12.  The  military  subordinate  to  the 

civil  power. 

13.  This  enumeration  of  rights  shall 

not  impair  other  rights  re- 
tained by  the  people. 

Distribution  of  Povers 

14.  The  powers  of  the  government  j 

are  in  the  legislative,  execu- 
tive ana  judicial. 

15.  No  department  or  person  there- 

in shall  exercise  the  power  or  j 
duties  of  the  others.  | 

Legislative  Dej)artm ent. 

16.  Representation  in  the  House  of 

Representatives  shall  be  equal 
and  uniform. — Apportionment 
to  be  made  after  each  Federal 
census.  i 

17.  Also  the  State  to  be  divided  into  I 

Senatorial  districts.  ! 

18.  Until  such  apportionment  men-  j 

tinned  in  articles  16  and  17,  the 
State  shall  be  divided  into  the 
following  Senatorial  districts. 

General  Assembly. 

19.  The  legislative  power  of  the 

State  shall  be  vested  In  the 
General  Assembly. 

20.  The  style  of  the  laws. 

21.  The  time  of  meeting  of  the  Gen- 

eral Assembly. 


Section 

22.  To  be  eligible  to  a seat  in  the 
House  of  Representatives  and 
Senate. 

23.  Each  house  shall  judge  of  the 
qualifications,  election  and  re- 
turns of  its  members,  choose 
its  own  officers,  etc. 

24.  Either  house  may  punish,  etc. 

25.  Members  of  the  Legislature  may 
not  be  appointed  or  elected  to 
any  civil  office,  etc. 

26.  They  shall  be  privileged  from 
arrest. 

27.  Their  compensation. 

28.  Each  house  shall  keep  a journal. 

29.  Laws  to  embrace  but  one  sub- 
ject. 

30.  No  law  to  be  revised  or  amend- 
ed by  reference  to  its  title. 

31.  The  General  Assembly  shall 
never  adopt  any  system  or 
code  of  laws  by  general  refer- 
ence. 

32.  A quorum  shall  consist  of  a ma- 
jority of  members  of  each 
house. 

33.  Neither  house,  without  the  con- 
sent of  the  other,  shall  ad- 
journ for  more  than  three 
days. 

34.  The  yeas  and  nays  of  either 
house  shall  be  entered  on  the 
journal. 

35.  All  bills  for  revenue  shall  origi- 
nate in  the  House  of  Repre- 
sentatives. 

36.  Bills  rejected  by  either  house 
shall  not  again  be  proposed  in 
the  same  house  during  the 
same  session. 

37.  Every  bill  shall  be  reported  on 
three  different  days  and  shall 
be  passed  if  a majority  vote 
for  it. 

1 38.  Amendments  by  one  house  must 
be  concurred  in  by  the  other. 

39.  Title  of  the  bill  to  be  read. 

40.  Laws  passed  by  the  General  As- 

! sembly  must  be  promulgated. 

I 41.  The  clerical  officers  of  the  two 
I houses. 


INDEX. 


Ixxxi 


Section  I 

42.  All  stationery,  printing  and  fuel  ; 

used  by  State  shall  be  fur-  j 
nished  by  contract.  ’ 

43.  Relative  to  receipts  and  expend- 

itures of  public  moneys. 

44.  General  Assembly  not  to  con-  i 

tract  any  debt. 

45.  General  Assembly  not  to  grant 

any  extra  compensation  to  of- 
ficers. 

46.  General  Assembly  shall  not  pass 

any  special  or  local  laws  in 
the  following  specified  objects, 

47.  The  General  Assembly  shall  not 

indirectly  enact  special  or 
local  laws  by  the  partial  re- 
peal of  any  general  law. 

48.  Relative  to  local  and  special 

laws. 

49.  No  law  shall  be  passed  fixing 

the  price  of  manual  labor. 

60.  Members  of  the  General  Assem- 

bly not  to  vote  when  interest- 
ed. 

61.  Relative  to  public  money  for  de- 

nominations of  religion. 

62.  The  General  Assembly  shall 

have  no  power  to  increase  ex- 
penses of  any  office. 

63.  Relative  to  appropriation  bill. 

54.  Relative  to  appropriations  for 

a specific  purpose. 

65.  No  appropriation  shall  be  made 
at  the  close  of  the  session. 

56.  Relative  to  the  funds,  credit  and 
property  of  the  State  of  Louis- 
iana. 

67.  General  Assembly  not  to  re- 
lease indebtedness  of  any 
corporation. 

Executive  Department.  ^ 

58.  Shall  consist  of  Governor,  Lieu- 
<^enant-Governor,  Auditor,  Sec- 
retary of  State  and  Treasurer. 
69.  The  supreme  power  shall  be 
vested  in  Governor. 

60.  Qualifications  of  Governor  and 

Lieutenant-Governor, 

61.  When  Governor  shall  enter  on 

discharge  of  his  duties. 

62.  Relative  to  Impeachment  of 

Governor. 

6 5 


Section 

63.  Compensation  of  Lieutenant- 

Governor  when  acting  as  Gov- 
ernor. 

64.  Lieutenant-Governor  shall  be 

President  of  the  Senate. 

65.  Compensation  of  Lieutenant- 

Governor. 

66.  Governor  shall  have  power  to 

grant  reprieves. 

67.  Compensation  of  Governor. 

68.  Governor  to  nominate  and  ap- 

point officers. 

69.  The  Governor  to  have  power  to 

fill  vacancies. 

70.  He  may  require  information 

from  officers  of  executive  de- 
partment.— The  Governor  shall 
be  commander-in-chief  of 
militia. 

71.  Governor  to  furnish  information 

to  General  Assembly. 

72.  Governor  to  take  care  the  laws 

are  executed.  To  convene  the 
General  Assembly  in  extra 
session. 

73.  The  Governor  to  sign  bills 

passed  by  both  houses. — To  re- 
turn bill  within  five  days. 

74.  Power  of  the  Governor  to  dis- 

approve of  any  item  of  a bill 
making  appropriations. 

75.  Governor  shall  have  power  to 

approve  every  order,  resolution 
or  vote  of  General  Assembly. 

76.  How  and  when  Treasurer,  Aud- 
itor, Attorney-General  and  Sec- 
retary of  State  shall  be  elect- 
ed. 

77.  The  compensation  of  officers  of 

executive  department. 

78.  Appropriations  for  clerical  ex- 

penses of  officers  of  executive 
department. 

79.  All  commissions  shall  be  made 

in  the  name  and  by  the  au- 
thority of  the  State  of  Louis- 
iana. 

Judiciary  Department. 

80.  Judicial  power  shall  be  vested 

in  Supreme  Court,  Courts  of 
Appeal,  in  District  Courts  and 
Justices  of  Peace. 


Ixxxii 


INDEX. 


Section 

81.  Jurisdiction  of  Supreme  Court. 

82.  How  Supreme  Court  is  com- 

posed, salary  of  the  judges, 
how  judges  are  appointed, 
term  of  office  of  judges,  how 
vacancies  are  filled,  how  or- 
ganized, qualifications  of 
judges. 

83.  Supreme  Court  districts. — Judges 

to  be  appointed  from  districts. 

84.  Sessions  of  the  Supreme  Court. 

— Judges  of  Supreme  Court  to 
appoint  their  clerks. 

85.  Relative  to  judgments  by  Su- 

preme Court. — Relative  to  re- 
cusation of  judges  of  Supreme 
Court. 

86.  All  judges  shall  be  conservators 

of  the  peace. 

87.  Judges  to  refer  to  law  in  render- 

ing judgments. 

88.  There  shall  be  a reporter  of  Su- 

preme Court. 

89.  Judges  of  Supreme  Court  to  is- 

sue writs  of  habeas  corpus,  etc. 

90.  Supreme  Court  shall  have  con- 

trol of  all  inferior  courts  and 
issue  writs  of  habeas  corpus, 
etc. 

91.  Appeals  from  District  Courts  to 

Supreme  Court. 

92.  Judges  of  Supreme  Court  to  per- 

form none  but  judicial  duties. 

93.  Judges  of  courts  to  be  liable  to 

Impeachment. 

94.  Election,  qualifications  and  sal- 

ary of  Attorney-General. 

95.  Jurisdiction  of  Courts  of  Appeal. 

96.  How  Courts  of  Appeal  are  com- 

posed, how  judges  are  elected, 
term  of  office  of  judges,  qual- 
ifications of  judges. 

97.  Circuits  of  Courts  of  Appeal. 

98.  Number  of  sessions  of  Courts  of 

Appeal. 

99.  Terms  of  circuit  of  Courts  of 

Appeal. 

100.  Whenever  the  first  day  of  the 

term  shall  fall  on  a legal  holi- 
day, the  court  shall  begin  Its 
sessions  on  the  next  legal  day 
after. 

101.  Relative  to  judgrments  by 

Judges  of  Courts  of  Appeal. 


I Section 

[ 102.  Relative  to  trial  of  causes  on 
I appeal  to  Courts  of  Appeal. 

103.  Rules  of  practice  regulating  ap- 

peals to  Courts  of  Appeal. 

104.  Judges  of  Courts  of  Appeal  to 

issue  writs  of  habeas  corpus, 
etc. 

! 105.  Compensation  of  judges  of 
Courts  of  Appeal. 

106.  The  sheriff  of  the  parish  to  at- 
tend sessions  of  Courts  of  Ap- 
peal. 


107. 

Limited 

Courts. 

number 

of 

District 

108. 

Present 

Courts. 

number 

of 

District 

* 109.  Jurisdiction  of  District  Courts. 

110.  Relative  to  increase  of  number 

‘ of  judges  of  District  Courts. 

111.  Jurisdiction  of  District  Courts. 

' 112.  Relative  to  recused  cases  in 
I District  Courts. 

113.  Relative  to  qualifications  of 
judges. 

I 114.  Relative  to  legislation  affect- 
ing judges. 

I 115.  Judges  of  District  Courts  shall 
j have  the  power  to  issue  writs 

of  habeas  corpus. 

116.  The  General  Assembly  to  pro- 

vide for  the  selection  of  intel- 
ligent jurors. 

117.  Number  of  terms  of  District 

Courts. — How  terms  are  fixed 
1 and  number  of  jury  terms. 

118.  There  shall  be  a sheriff  and  cor- 

oner elected  in  each  parish. — 
The  coroner  shall  act  for  sher- 
iff when  sheriff  is  an  interest- 
ed party.— -Qualifications  and 
bond  of  sheriff. 

119.  Compensation  of  sheriff. 

120.  Qualification  of  coroners. 

121.  There  shall  be  a clerk  of  Dis- 

trict Court  in  each  parish. — 
He  shali  be  elected. — Salary 
and  qualifications  of  said 
clerks. 

122.  The  General  Assembly  shall 

have  power  to  authorize  clerks 
of  courts  to  grant  certain  or- 
ders. 

123.  Clerks  of  courts  may  appoint 

deputies. 


INDEX, 


Ixxxiii 


Section 

124.  Number  of  district  attorneys. 

— How  and  when  elected. — 
Term  of  office  and  qualifica- 
tions. 

125.  Justices  of  the  peace. — Num- 

ber of. — How  elected. — Term 
of  office,  jurisdiction  of,  com- 
pensation of. 

126.  Relative  to  jurisdiction  of  jus- 

tices of  the  peace. 

127.  Constables. — Number  of,  how 

elected,  term  of  office  of, 
compensation  of. 

128.  Court  of  Appeals  in  city  of 

New  Orleans. 

129.  Relative  to  transfers  from  Su- 

preme Court  to  Court  of  Ap- 
peals. 

130.  Number  of  District  Courts, 

number  of  judges,  qualifica- 
tions of  judges  of,  how  judges 
are  appointed,  salary  of 
judges.  term  of  office  of 
judges,  jurisdiction  of  Dis- 
trict Courts. 


Section 

139.  The  sheriff  to  be  executive  of- 

ficer of  District  Courts. — To 
provide  for  the  trial  of  sher- 
iffs. 

140.  Fees  of  the  civil  sheriff. 

141.  Deputies  to  be  appointed  by  the 

sheriff. — He  is  to  be  respon- 
sible for  them  and  may  re- 
move them  at  pleasure. 

142.  The  bond  of  the  civil  sheriff. — 

The  bond  of  the  criminal  sher- 
iff. 

143.  Constables)  of  Orleans. — Num- 

ber of,  how  elected,  term  of  of- 
fice, duties  and  compensation 
of,  removal  of  the. 

144.  Recorder  of  mortgages  of  par- 

ish of  Orleans. — How  elected, 
term  of  office  of,  salary  of, 
qualifications  and  duties  of, 
employes  of  the. 

145.  The  General  Assembly  to  enact 

a fee  bill  for  the  clerks, 
sheriffs,  constables,  register 
of  conveyances  and  recorder 
of  mortgages  in  Orleans. 


131.  The  General  Assembly  to  have 

power  to  increase  number  of 
judges  of  District  Court. 

132.  Trial  of  causes  in  District 

Court. 

133.  Relative  to  the  deposit  of  money 

by  District  Court. 

134.  District  Attorney  of  Orleans 

county.— His  duties,  qualifica- 
tions and  compensation. — He 
may  also  appoint  a deputy. 

135.  To  regulate  salaries  of  judges 

and  fix  fees  of  the  City  Court 
of  Orleans. — To  increase  the 
number  of  city  courts  of  Or- 
leans. 

136.  The  General  Assembly  may 

provide  for  police  or  magis- 
trate’s courts. 

137.  Relative  to  the  clerk  of  Civil 

Court  of  Orleans. — How  elect- 
ed, term  of  office,  salary  of 
the,  removal  of  the,  qualifica- 
tion and  bond  of. 

138.  Judges  of  District  Courts  of 

Orleans  to  appoint  minute 
clerks. 


146.  Clerks  of  Criminal  Court  to  be 

paid  from  special  fund. — 
Clerk  of  Civil  Court  to  be  paid 
from  special  fund. 

147.  Coroner. — Ex-Officio  city  physi- 

cian.— Qualifications  of,  how 
i elected,  term  of  office  of  the, 

! salary  of  the,  to  appoint  an 

{ assistant,  to  be  paid  by  the 

j parish  of  Orleans. 

i General  P rovisions . 

j 148.  No  person  shall  be  eligible  to 
I vote,  serve  as  juror,  or  hold 

j office  who  shall  have  been 

convicted  of  treason,  bribery, 

I forgery,  or  any  crime  punish- 

j able  with  a term  in  the  peni- 

tentiary. 

149.  The  members  of  the  General 
Assembly  and  all  officers  to 
take  following  oath, 
i 150.  The  seat  of  government  shall 
j be  and  remain  at  Baton 

' Rouge. 

i 151.  Treason  against  the  State  de- 
i fried. 


Ixxxiv 


INDEX. 


Section 

152.  All  civil  officers  shall  be  re- 

movable by  vote  of  General 
Assembly  except  those  whose 
removal  is  otherwise  provided 
for. 

153.  No  United  States  officer  shall 

be  eligible  to  any  office  in  this 
State. 

154.  The  journal  of  proceedings  of 

General  Assembly  to  be  in 
English  language. 

155.  No  ex  post  facto  law  shall  be 

passed. 

156.  Private  property  shall  not  be 

taken  or  damaged  without 
just  and  adequate  compensa- 
tion being  made. 

157.  No  power  of  suspending  laws 

shall  be  exercised  except  by 
General  Assembly  or  its  au- 
thority. 

158.  The  General  Assembly  provide 

for  change  of  venue  in  civil  or 
criminal  cases. 

159.  No  person  shall  hold  or  exer- 

cise more  than  one  office  of 
trust  or  profit  under  State 
government. 

160.  The  General  Assembly  may  de. 

termine  mode  of  filling  of- 
fice when  vacancies  occur. 

161.  All  officers  shall  continue  in 

office  until  their  successors 
shall  have  been  installed. 

162.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

163.  Each  parish  shall  support  its 

own  paupers. 

164.  Relative  to  domicile  of  soldiers, 

sailors  and  marines  of  the 
United  States. 

165.  The  General  Assembly  to  pass 

laws  of  arbitration. 

166.  The  power  of  the  courts  to  pun- 

ish for  contempt  to  be  limited 
by  law. 

167.  The  General  Assembly  shall 

have  the  power  to  grant  lot- 
tery charters. 

168.  In  all  proceedings  the  truth 

may  be  used.— The  jury  shall 
Judge  of  the  law. 


Section 

169.  No  salaried  officer  shall  be  al- 

lowed fees. 

170.  The  General  Assembly  shall 

have  power  to  enact  laws  reg- 
ulating the  sale  and  use  of 
spirituous  liquors. 

171.  No  person  intrusted  with  the 

care  of  public  money  shall  be 
eligible  to  any  office  of  trust 
or  profit  until  surrender  of 
said  moneys. 

172.  Gambling  is  prohibited. 

173.  Relative  to  bribery  of  any  State 

officer. 

174.  Any  person  may  be  compelled 

to  testify  in  lawful  proceed- 
ings against  bribery,  but  said 
person’s  testimony  shall  not 
criminate  him  or  subject  him 
to  public  infamy. 

175.  The  General  Assembly  shall 

pass  laws  to  protect  laborers 
and  property. 

176.  Relative  to  mortgages  or  priv- 

ileges on  immovable  property. 

177.  Privileges  on  movable  property 

exist  without  registration. 

178.  The  General  Assembly  shall 

provide  for  the  interest  of 
State  medicine,  and  for  the 
health  of  the  citizens. 

179.  The  General  Assembly  shall 

create  a bureau  of  agriculture 
and  provide  for  expenditures 
of  the  same. 

180.  The  New  Basin  Canal  and  Shell 

road  shall  not  be  leased. — The 
Governor  shall  appoint  a su- 
perintendent of  canals. 

Militia  . 

181.  The  General  Assembly  shall 

provide  for  the  militia  of  the 
State. 

182.  The  militia  shall  not  receive 

any  compensation  when  not 
in  actual  service. 

183.  The  General  Assembly  may 

exempt  from  military  ser- 
vices.— The  Governor  may 
call  out  the  militia. 

Suffrage^ and  Elections. 

184.  The  people  shall  elect  by  ballot. 

— Representative  election  shall 
be  by  voice. 


rSDEX. 


Ixxxv 


Section 

185.  R.elative  to  the  qualifications 

of  an  elector. 

186.  The  General  Assembly  shall 

provide  for  the  registration  of 
voters. 

187.  Any  person  who  has  been  con- 

victed of  treason  or  other 
crimes  shall  not  vote  or  hold 
any  public  office. 

188.  No  restriction  on  account  of 

color  or  race  shall  be  placed 
on  voting. 

189.  Electors  shall  be  free  from  ar- 

rest during  elections  except 
for  treason,  felony  or  breach 
of  the  peace. 

190.  The  General  Assembly  shall 

by  -law  forbid  the  sale  of 
spirituous  liquors  on  election 
day  within  a certain  distance 
of  the  polls. 

191.  The  general  election  shall  be 

held  everj’  four  years,  on  the 
Tuesday  following  the  third 
Monday  in  April. 

192.  Parochial  and  municipal  elec- 

tions in  New  Orleans  and 
Shreveport  shall  be  held  on 
the  same  day  as  the  general  j 
election. 

193.  For  the  purpose  of  voting,  no 

person  shall  be  deemed  to 
have  gained  or  lost  a residence 
by  his  presence  or  absence  in 
the  service  of  the  United 
States. 

194.  The  General  Assembly  shall 

provide  by  law  for  the  trial 
and  determination  of  all  con- 
tested elections. 

195.  No  person  shall  be  eligible  to  ; 

any  office  who  is  not  a citizen 
of  the  State  and  a duly  qual- 
ified voter  of  the  judicial  dis- 
trict, parish,  municipality  or 
ward  wherein  the  functions 
of  said  office  are  to  be  exer- 
cised.— And  whenever  any  of- 
ficer may  remove  his  resi- 
dence from  the  State,  judicial 
district,  etc.,  in  which  he  holds 
office,  the  same  shall  thereby 
be  vacated. 


Impeachment  and  neinoud  from  Office. 
Section 

196.  Relative  to  the  impeachment  of 

Governor,  Lieutenant-Govern- 
or, Secretary  of  State,  Audit- 
or, Treasurer,  Attorney-Gen- 
eral, Superintendent  of  Pub- 
lic Instruction. 

197.  House  of  Representatives  shall 

have  sole  power  of  impeach- 
ment.— All  impeachments  to 
be  tried  by  Senate. — Judg- 
ments. 

197.  In  cases  of  impeachments  to  ex- 

tend only  to  removal  from  of- 
fice and  disqualification  from 
holding  same,  but  shall  also 
be  liable  to  prosecution,  trial 
and  punishment  according  to 
law. 

198.  All  officers  against  whom  arti- 

cles of  impeachment  have 
been  preferred  shall  be  sus- 
pended from  the  exercise  of 
the  functions  of  their  office. 

199.  For  reasonable  cause,  the  Gov- 

ernor shall  remove  any  officer 
on  the  address  of  two-thirds 
of  the  members  of  the  Gener- 
al Assembly. — In  every  such 
case  the  cause  shall  be  pre- 
sented with  the  address  and 
entered  on  the  journal  of 
each  house. 

200.  Removal  from  office  of  judges. 

201.  Removal  from  office  of  sheriffs, 

clerks,  district  attorneys  and 
other  officers. — Cause  for  such 
removal. 

Revenue  and  Taxation. 

202.  General  Assembly  to  exercise 

a taxing  power. 

203.  General  Assembly  to  provide  a 

system  of  equality  and  uni- 
formity in  assessments. 

204.  The  taxing  power  shall  be  ex- 

ercised only  to  carr^’’  on  and 
maintain  the  government  anfl 
all  expenses  pertaining  to  wel- 
fare and  instruction  of  inhab- 
itants. 

205.  The  power  to  tax  corporations 

and  corporate  property  shall 


Ixxxvi 


INDEX. 


Section 

never  be  surrendered  or  sus- 
pended by  act  of  General  As- 
sembly. 

206.  The  General  Assembly  may  levy 

a license  tax. 

207.  Articles  exempt  from  taxation. 

208.  General  Assembly  to  levy  an 

annual  poll  tax  for  support 
of  public  schools. 

209.  Limit  of  taxation. 

210.  Relative  to  forfeiture  of  proper- 

ty for  non-payment  of  taxes. 

211.  How  tax  shall  be  designated 

and  when  tax  is  collectible. 

212.  The  Legislature  shall  pass  no 

law  postponing  the  payment 
of  taxes,  except  in  cases  of 
overflow,  general  conflagra- 
tion, general  destruction  of 
the  crops  or  other  public 
calamity. 

213.  A tax  for  the  maintenance  of 

the  levees  will  be  exacted  an- 
nually. 

214.  General  Assembly  to  divide  the 

State  into  levee  districts  and 
to  provide  for  the  election  of 
levee  commissioners  and  a tax 
to  support  these  said  commis- 
sioners. 

215.  The  provisions  of  the  above 

two  articles  shall  cease  when 
the  Federal  government  shall 
take  possession  of  said  levees. 
— The  Federal  government  is 
authorized  to  make  geologi- 
cal, topographical,  etc.,  sur- 
veys and  investigations  with- 
in the  State. 

216.  General  Assembly  shall  have 

power,  with  the  concurrence 
of  adjacent  States,  to  divide 
the  country  into  levee  dis- 
tricts, partly  in  this  State 
and  adjacent  States. 

217.  License  of  corporations  domi- 

ciled out  of  the  State. 

218.  All  articles  regulating  the  col- 

lection of  taxes  shall  apply  to 
the  whole  State. 

Jlomestends  arid  Exe  nptions. 

219.  Homesteads  shall  be  exempt 

from  seizure  and  sale. 


Section 

220.  Relative  to  the  registration  and 

valuation  of  the  homestead. — 
Relative  to  judgments  against 
homesteads. 

221.  Right  of  owner  of  homestead 

to  supplement  his  exemption. 

222.  The  homestead  not  susceptible 

of  mortgage. 

223.  Equitable  laws  shall  be  passed 

for  the  protection  of  credit- 
ors. 

Eublic  Education. 

224.  There  shall  be  free  public 

schools  established  by  the 
General  Assembly  throughout 
the  State. — General  Assembly 
shall  distribute  a proportion- 
al amount  to  each  parish. 

225.  State  Superintendent  of  Public 

Instruction  to  be  elected. — 
Term  of  office,  duties  and  com- 
pensation. 

226.  The  education  in  the  public 

schools  shall  be  in  the  Eng- 
lish language. 

227.  The  funds  derived  under  the 

collection  of  the  poll  tax  shall 
be  applied  to  the  maintenance 
of  public  schools. 

228.  No  funds  raised  for  the  sup- 

port of  the  public  schools 
in  this  State  shall  be  applied 
to  sectarian  schools. 

229.  What  the  school  fund  shall  con- 

sist of. 

230.  University  of  Louisiana  as  es- 

tablished is  recognized  in  its 
three  departments. 

231.  General  Assembly  to  establish 

in  New  Orleans  a university 
for  +he  education  of  persons 
of  color,  and  shall  make  an 
annual  appropriation  for  its 
support. 

232.  Women  shall  be  allowed  to  vote 

under  the  school  laws. — The 
Free  school  fund.  Seminary 
fund,  and  Agricultural  and 
Mechanical  College  fund. 

233.  Relative  to  the  fund  of  the  Ag- 

ricultural and  Mechanical  Col- 
lege. 


INDEX. 


Ixxxvii 


( 'orporutionx. 

Section 

234.  Relative  to  the  forfeiture  of 

charters  of  corporations. 

235.  Corporations  not  to  infringe  on 

the  rights  of  individuals. 

236.  No  foreign  corporation  shall  do 

business  without  having  one 
or  more  known  agents  on 
whom  process  may  be  served. 

237.  No  corporation  shall  engage  in 

business  other  than  that  ex- 
pressly authorized  in  its  con- 
stitution. 

238.  No  corporation  shall  issue 

stock  or  bonds  except  for 
work  actually  done. 

239.  The  stock  of  any  corporation 

shall  not  be  increased  except 
in  pursuance  of  general  laws. 

240.  The  term  corporation  as  used 

in  this  Constitution  shall  be 
construed  to  include  all  joint 
stock  companies  or  associa- 
tions. 

241.  Relative  to  bank  officers  receiv- 

ing deposits  after  the  bank  is 
insolvent. 

242.  The  General  Assembly  shall 

have  power  to  enact  laws  au- 
thorizing parish  or  municipal 
officers  to  levy  special  taxes. 

243.  Any  railroad  corporation  shall 

have  the  right  to  construct 
and  operate  a railroad  in  this 
State.— Every  railroad  shall 
have  the  right  to  intersect  or 
cross  any  other  railroad. 

244.  Railroads  are  hereby  declared 

public  highways. 

245.  Every  railroad  corporation 

doing  business  shall  have  an 
office  for  transaction  of  gen- 
eral business. 

246.  Relative  to  jurisdiction  over 

corporations. 

247.  Relative  to  the  creation  of  pri- 

vate corporations. 

248.  Relative  to  the  police  juries  of 

the  several  parishes  having 
the  power  to  regulate  the 
slaughter  of  cattle. 

Parochial  Affairs  and  Bonmlaries.  ,■ 

249.  The  General  Assembly  may| 


Section 

establish  and  organize  new 
parishes. 

250.  All  laws  changing  parish  lines 

or  removing  parish  seats  be- 
fore taking  effect  to  be  sub- 
mitted to  the  electors  of  the 
parish. 

251.  The  General  Assembly  may 

dissolve  and  merge  parishes 
provided  the  electors  shall 
vote  for  it. 

252.  Whenever  a parish  shall  be  en- 

larged and  created  it  shall  be 
entitled  to  a just  proportion 
of  the  assets  and  liabilities 

City  of  JS'tw  Orleans. 

253.  The  city  of  New  Orleans  shall 

have  the  power  to  appoint 
public  officers  necessary  for 
the  administration  of  police 
affairs. 

254.  The  General  Assembly  shall 

enact  such  legislation  as  will 
liquidate  the  indebtedness  of 
city  of  New  Orleans. — It  shall 
have  power  to  cancel  charter. 

255.  General  Assembly  to  pass  laws 

prohibiting  foreign  sailors 
working  on  wharves  of  city  ot 
New  Orleans. 

Amendment  and  Revision  ''of  Constitu- 
tion. 

256.  If  two-thirds  of  members  of 

General  Assembly  vote  for 
proposed  amendments  they 
shall  be  submitted  to  vote  of 
electors  of  State. 

Schedule. 

257.  The  Constitution  adopted  in  1868 

and  all  amendments  thereto 
are  superseded  by  this  Con- 
stitution. 

258.  Monopoly  feature  of  corpora- 

tions abolished. 

j 259.  No  office  to  be  superseded  by 
thd  effect  of  this  Constitu- 
tion. 

260.  Appointments  to  be  made  by 

the  Governor. 

261.  Relative  to  the  transfer  of 

causes  pending  in  courts. 


Ixxxviii 


INDEX. 


Section 

262.  Election  of  members  of  General 

Assembly.  — Dissolution  of 
General  Assembly  elected  in 
1878. — General  Assembly  to 
compile  votes  and  declare  the  ' 
results  of  election. 

263.  First  session  of  the  General  As-  j 

sembly  elected  under  this 
Constitution.  ' 

264.  -When  officers  shall  enter  upon 

discharge  of  their  duties. 


Section 

265.  When  terms  of  officers  shall 

terminate. 

266.  When  judicial  officers  shall 

enter  upon  discharge  of  their 
duties. 

267.  The  General  Assembly  shall 

provide  for  the  payment  of 
convention  printer. 

268.  Relative  to  parochial  and  mu- 

nicipal elections  in  New  Or- 
leans and  Shreveport. 


MAINE. 


Preamble. 

Objects  of  government. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  Natural  rights. 

2.  All  power  inherent  in  the  peo- 

ple. 

3.  Religious  freedom.  Proviso.  All 

sects  equal.  Religious  test 
prohibited.  Right  to  elect  re- 
ligious teachers. 

4.  Freedom  of  speech  and  publica- 

cation.  Truth  may  be  given 
in  evidence. 

5.  Unreasonable  searches. 

6.  Rights  of  persons  accused. 

7.  No  person  to  answer  to  a capital 

or  infamous  crime  but  on  in- 
dictment. Exceptions.  Juries. 

8.  Not  to  be  put  in  jeopardy  twice 

for  the  same  offense. 

9.  Sanguinary  laws  prohibited. 

10.  Bailable  offenses.  Habeas  cor- 

pus. 

11.  Bills  of  attainder,  etc.,  pro- 

hibited. 

12.  Treason. 

13.  Suspension  of  laws. 

14.  Corporal  punishment  under  mili- 

tary law. 

15.  Right  of  petition. 

16.  Right  to  keep  and  bear  arms. 

17.  Standing  armies  not  to  be  kept. 

18.  No  soldiers  to  be  quartered  on 

citizens  in  time  of  peace. 


Section 

19.  Right  of  redress  for  injuries. 

20.  Trial  by  jury. 

21.  Private  property  not  to  be  taken 

without  just  compensation. 

22.  Taxes. 

23.  Titles  of  nobility  prohibited. 

Tenure  of  office  limited. 

24.  Other  rights  not  impaired. 

ARTICLE  II. 

Electors. 

1.  Qualifications  of  electors.  Writ- 

ten ballot.  Soldiers  or  seamen 
in  U.  S.  service.  Students  at 
colleges  and  academies.  Resi- 
dence not  lost  by  reason  of 
absence,  in  the  military  service 
of  Maine  or  of  the  United 
States. 

2.  Electors  exempt  from  arrest  on 

election  days. 

3.  And  from  military  duty. 

4.  Time  of  State  election.  Citizens 

absent  in  temporary  military 
service  of  the  U.  S.  or  of  Maine 
may  vote.  Polls,  where  opened. 
Vote,  how  taken.  Who  shall 
act  as  supervisors.  Supervisors 
shall  be  sworn.  Their  duties. 
Proviso.  Where  certain  officers 
may  vote.  Supervisors  shall 
prepare  ballot  boxes.  Ballots, 
how  prepared.  Qualification 
of  voters.  Supervisors  shall 
keep  correct  poll  lists;  check 
names  of  voters;  sort,  count 


INDEX. 


Ixxxix 


Section 

and  declare  votes;  and  make 
return  to  Secretary  of  State’s 
office. 

ARTICLE  III. 

Distribution  of  rowers. 

1.  Powers  distributed. 

2.  To  be  kept  separate. 

ARTICLE  IV. 

Legislative  Power. — House  of  Rejyresen 
tatives. 

1.  Legislative  department.  Style 

of  acts. 

2.  Number  of  representatives  fixed 

at  one  hundred  and  fifty-one. 

8.  Appointment  among  towns. 

4.  Qualifications  of  a representa- 

tive. 

5.  Meetings  for  choice  of  represen- 

tatives. Meetings  of  classed 
towns.  Lists  of  votes  shall  be 
examined  by  Governor  and 
council;  and  they  shall  sum- 
mon persons  who  appear  to 
be  elected.  Lists  to  be  laid 
before  the  House  of  Represen- 
tatives. Manner  of  electing  | 
representatives  and  other  civil 
officers  in  cities. 

€.  Vacancies,  how  to  be  filled. 

7.  House  shall  choose  its  own 

officers. 

2.  Power  of  impeachment. 

Legislative  Power. — Senate. 

1.  Senate  shall  consist  of  not  less 

than  twenty,  nor  more  than 
thirty-one. 

2.  State  shall  be  districted  once  in 

ten  years.  Districts,  how 
formed. 

8.  Meetings  for  choice  of  senators. 

Electors  in  unincorporated  | 
places.  j 

4.  Votes  shall  be  examined  by  the  [ 

Governor  and  council. 

5.  Senate  shall  decide  as  to  the  j 

election  of  its  members. 

8.  Qualifications  of  senators.  | 

7.  Senate  shall  try  impeachments.  ' 


'Section 

Limitation  of  senate’s  judg- 
ment. Party  is  further  liable 
to  be  tried  and  punished  by 
the  courts. 

S.  Senate  shall  choose  Its  officers. 

Legislative  Poicer. 

L Legislature  shall  meet  annually. 
Its  powers. 

2.  Bills  shall  be  signed  by  the 

Governor.  Proceedings,  in  case 
he  disapproves.  Unsigned  bills 
shall  be  returned  by  him  with- 
in five  days. 

3.  Each  house  shall  judge  of  the 

elections  of  its  members.  Ma- 
jority a quorum. 

4.  May  punish  and  expel  members. 

5.  Shall  keep  a journal.  Yeas  and 

nays,  when  to  be  entered. 

6.  May  punish  for  contempt.  Pro- 

viso. 

7.  Compensation  of  members. 

Traveling  exjjenses. 

8.  Members  are  exempt  from  civil 

arrest.  Freedom  of  debate. 

9.  Either  house  may  originate  bills. 

Revenue  bills.  Proviso. 

10.  Members  shall  not  be  appointed 

to  certain  offices.  Statistics. 

11.  Persons  qualified  to  be  members. 

12.  Adjournments. 

13.  Special  legislation. 

14.  Corporations,  except  for  munici- 

pal purposes,  shall,  when  prac- 
ticable, be  formed  under  gene- 
ral laws. 

15.  Constitutional  conventions. 

ARTICLE  V. 

Executive  Power. — Governor. 

1.  Governor. 

2.  Elected  for  one  year. 

3.  Meetings  for  choice  of  Governor. 

Votes  should  be  returned  to 
Secretary  of  State.  Provision, 
in  case  there  is  no  choice. 

4.  Qualifications  for  Governor. 

6.  Disqualifications. 

6.  Compensation. 

7.  Commander-in-chief  of  militia. 

Shall  not  march  militia  out  of 
State. 


xc 


INDEX. 


Section  ' i i 

8.  With  advice  of  council,  shall  ap- 

point ofRcers. 

9.  Shall  give  information  and  re- 

commend measures. 

10.  May  require  information  of  any 

officer. 

11.  Power  of  Governor,  with  consent 

of  council,  to  reprieve,  com- 
mute or  pardon,  except  in 
cases  of  impeachment,  and  to 
remit  penalties.  Conditional 
pardons.  Shall  report  to  the 
Legislature. 

12.  Shall  enforce  the  laws. 

13.  Governor  shall  convene  the  Leg- 

islature on  extraordinary  oc- 
casions, and  adjourn  it,  If  | 
houses  disagree.  May  change 
their  place  of  meeting.  ' 

14.  Vacancy,  how  supplied. 

Executixe  Power.  — Council. 

1.  Council  shall  consist  of  seven. 

2.  Councillors,  how  chosen.  Priv-  : 

ileged  from  arrest. 

3.  Journal  of  their  proceedings 

shall  be  kept.  I 

4.  Persons  disqualified  to  be  coun- 

cillors. Councillors  shall  not  j 
be  appointed  to  any  office. 

Executixe  Poicer. — Secretary. 

1.  Secretary,  how  to  be  chosen. 

2.  Shall  keep  the  records  of  the 

State.  May  appoint  deputies. 

3.  Shall  attend  the  Governor  and 

Council. 

4.  Shall  preserve  the  records  of  the 

Executive  and  Legislative  de- 
partments. 

Executixe  Poxxer. — Treasurer. 

1.  Treasurer,  how  chosen.  Ineligi- 

ble, for  more  than  five  succes- 
sive years. 

2.  Shall  give  bonds. 

3.  Shall  not  engage  in  trade. 

4.  No  money  shall  be  drawn  out 

by  warrant.  Accounts  of  re- 
ceipts and  expenditures  shall 
be  published. 


ARTICLE  VI. 

Judicial  Power. 

Section 

1.  Supreme  judicial  and  other 

courts. 

2.  Compensation  of  the  supreme 

justices  shall  not  be  dimin- 
ished. 

3.  They  shall  give  opinion,  when 

required  by  either  branch  of 
the  government. 

4.  Tenure  of  judicial  offices. 

5.  Justices  of  the  peace  and  no- 

taries public. 

6.  Justices  of  the  Supreme  Judicial 

Court  shall  hold  no  other 
office. 

7.  Judges  and  registers  of  probate, 

their  election  and  tenure  of 
office.  Vacancies,  how  filled. 

8.  Judges  of  Municipal  and  Police 

Courts,  shall  be  appointed. 

ARTICLE  VII. 

Military. 

1.  Military  officers,  how  to  be 

elected. 

2.  Manner  of  conducting  elections. 

3.  Major-generals  and  adjutant- 

generals,  how  sleeted.  Staff 
officers,  how  apointed. 

4.  Organization  of  the  militia. 

5.  Who  may  be  exempted  from 

military  duty. 

ARTICLE  VIII. 

Literature. 

1.  Legislature  shall  require  towns 
to  support  public  schools.  Shall 
endow  colleges  and  academies. 
Proviso. 

ARTICLE  IX. 

Genercd  Proxisions. 

1.  Oath  and  subscriptions.  Before 

whom  to  be  taken.  Proviso. 

2.  Offices  that  are  incompatible 

with  each  other. 

3.  Commissions. 

4.  Elections  on  the  first  Wednes- 

days of  January  may  be  ad- 
journed from  day  to  day. 
Order  of  filling  vacancies. 


INDEX. 


xci 


Section 

5.  Every  civil  ofRcer  may  be  re- 
moved by  impeachment  or 
address. 

(5.  Tenure  of  office. 

7.  Valuation. 

8.  Real  and  personal  estate  shall 

be  taxed  according  to  its 
value. 

9.  Taxation. 

10.  Sheriffs,  how  elected  and  tenure 

of  office. 

11.  Attorney-General,  how  to  be 

elected.  Vacancy,  how  filled. 

12.  Soldiers,  who  may  be  allowed  to 

vote  for  county  officers. 

13.  Bribery  at  elections. 

14.  Credit  of  State  shall  not  be 

loaned.  Creation  of  State  debt, 
limited.  Exceptions. 

15.  State  may  issue  bonds  in  pay- 

ment of  municipal  war  debt. 
Basis  of  payment.  Commis- 
sion shall  be  appointed  to 
determine  amount  due  to  mu- 
nicipalities. Loan  limited  to 
$3,500,000. 

16.  Towns  having  four  thousand 

inhabitants,  and  towns  having 
inhabited  islands,  may  be 
divided  into  voting  districts. 

MARY 

Article 

1.  Elective  franchise. 

2.  Executive  department. 

3.  Legislative  department. 

4.  Judiciary  department. 

5.  Attorney-General  and  State’s 

attorney. 

6.  Treasury  department. 

7.  Sundry  officers. 

8.  Education. 

9.  Militia  and  military  affairs. 

10.  Labor  and  agriculture. 

11.  City  of  Baltimore. 

12.  Public  works. 

13.  New  counties. 

14.  Amendments  to  the  Constitu- 

tion. 

15.  Miscellaneous. 


ARTICLE  X. 

Schedule. 

Section 

1.  Laws  now  in  force,  continue 

until  repealed. 

2.  Constitution,  how  amended. 

3.  Constitution  shall  be  arranged 

by  chief  justice  of  Supreme 
Judicial  Court.  Shall  be  sub- 
mitted to  the  Legislature. 
Amended  constitution  shall  be 
enrolled  on  parchment,  and 
printed  copies  shall  be  bound 
with  the  laws.  Shall  be  the 
supreme  law  of  the  State. 

4.  Section  one,  two  and  five  of  ar- 

ticle ten,  shall  be  omitted 
from  printed  copies.  Section 
five  remains  in  force. 

AMENDMENTS. 

Article 

XXII.  Municipal  indebtedness  lim- 
ited to  five  per  cent  of  the 
last  regular  valuation. 
XXIII.  Biennial  elections  and  bien- 
nial sessions  of  the  legis- 
lature. 

XXIV.  Governor  shall  be  elected  by 
a plurality  of  the  popular 
vote. 

XXV.  Biennial  terms  of  senators 
and  representatives. 

AND. 

Declaration  of  Rights. 

Article 

1.  The  government  of  right  origi- 

nates from  the  people. 

2.  The  Constitution  of  the  United 

States  the  supreme  law. 

3.  Powers  not  delegated  to  the 

United  States  are  reserved  to 
the  States. 

4.  The  people  have  the  sole  right 

to  regulate  the  internal  gov- 
ernment. 

5.  The  people  of  Maryland  are  en- 

titled to  the  common  law  of 
England. 

6.  The  people  have  the  right  tO' 

reform  bad  government. 

7.  Elections  ought  to  be  free  and 

frequent. 


xcii 


INDEX. 


Article 

8.  The  legislative,  executive  and 

judicial  powers  of  government 
ought  to  be  separate  and  dis- 
tinct. 

9.  Power  of  suspending  laws  de- 

rived from  the  Legislature. 

10.  Freedom  of  speech  and  debate. 

11.  The  seat  of  government. 

Annapolis.  i 

12.  The  Legislature  ought  to  be  fre-  ; 

quently  convened.  [ 

13.  Every  man  has  a right  to  peti-  ! 

tion  the  same  for  redress  of 
grievances. 

14.  Taxes,  etc.,  not  to  be  levied 

without  the  consent  of  the 
Legislature.  ! 

15.  Taxes  may  be  imposed  for  the  I 

benefit  of  the  community.  ! 

16.  No  law  to  inflict  cruel  punish-  j 

ment.  j 

17.  No  ex  post  facto  law  ought  to  j 

be  made.  j 

18.  No  law  to  attaint  particular 

persons  of  treason,  or  felony,  | 
ought  to  be  made. 

19.  Justice  and  right  to  be  free  and  ! 

speedy.  j 

20.  The  trial  of  faqts,  one  of  the 

greatest  securities  of  the 
people. 

21.  In  all  criminal  prosecutions 

every  man  has  a right  to  be 
informed  of  the  accusation 
against  him;  to  a speedy  trial 
by  an  impartial  jury. 

22.  No  man  need  give  evidence 

against  himself. 

23.  Imprisonment  of  freemen. 

24.  Slavery  shall  not  be  re-estab- 

lished. 

25.  Excessive  bail  shall  not  be  re- 

quired. 

26.  Unreasonable  searches  and  seiz- 

ures  not  right. 

27.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

28.  Militia  for  defense. 

29.  No  standing  armies. 

30.  Military  subordinate  to  civil 

power. 


Article 

31.  In  regard  to  quartering  soldiers 

in  time  of  peace;  in  time  of 
war. 

32.  Who  to  be  punished  by  martial 

law. 

33.  Judges  not  to  receive  fees. 

34.  Change  of  departments  advis- 

able. 

35.  No  person  to  hold  more  than 

one  office  of  profit. 

36.  Freedom  of  religious  thought 

and  worship. 

37.  No  religious  test  to  be  required 

for  qualification  for  office. 

38.  In  regard  to  gifts  to  religious 

sects,  creeds,  etc. 

39.  In  regard  to  administering  an 

oath. 

40.  Liberty  of  the  press. 

41.  No  monopolies. 

42.  No  title  of  nobility,  etc,  to  be 

granted  in  this  State. 

43.  General  education  to  be  pro- 

moted. 

44.  The  provisions  of  this  Constitu- 

tion and  of  the  United  States 
apply  as  well  in  time  of  peace 
as  war. 

45.  This  enumeration  of  rights  not 

to  impair  others  retained  by 
the  people. 

ARTICLE  I. 

Elective  Franchise, 

Section 

1.  Elections  to  be  by  ballot. — Re- 

quirements for  voting 

2.  Who  may  not  vote. 

3.  In  regard  to  giving  or  offering 

bribes. 

4.  Illegal  voting  to  be  punished. 

5.  Registration  of  voters. 

6.  Oath  of  office. 

7.  In  regard  to  refusal  or  neglect 

to  take  the  oath. 

ARTICLE  II. 

Executive  Department. 

1.  Executive  power  is  vested  in  the 

Governor. 

2.  Election  of. 

3.  To  determine  who  is  elected. 

4.  In  case  of  tie. 

5.  To  be  eligible  for  the  office  of 

Governor. 


INDEX. 


xcm 


Section 

6.  In  case  of  vacancy,  how  filled. 

7.  How  to  act  as  Governor. — He 

may  be  impeached. 

8 . Governor  commander-in-chief. 

9.  He  shall  see  that  the  laws  are 

faithfully  executed. 

10.  He  is  to  nominate  State  ofRcers, 

except  as  otherwise  appointed. 

11.  He  is  to  fill  vacancies. 

12.  No  person  after  being*  rejected 

Iby  the  Senate  shall  be  again 
nominated  for  the  same  office. 

13.  Time  of  nomination. 

14.  If  a vacancy  occur  during  the 

session  of  the  Senate,  how 
filled. 

15.  Court  martial. 

16.  Governor  may  convene  the  Leg- 

islature. 

17.  All  bills  before  becoming  a law 

to  be  sent  to  the  Governor  to 
be  signed  or  rejected. 

18.  He  shall  examine  the  accounts 

of  the  Treasurer  and  Comp-  i 
troller  twice  a year. 

19.  His  message  to  the  Legislature. 

20.  He  has  power  to  grant  reprieves 

and  pardons. 

21.  He  shall  reside  at  the  seat  of 

government. — His  salary. 

22.  'Secretary  of  State,  term  and 

salary. 

23.  His  duties. 

ARTICLE  III. 

Legislative  Department. 

1.  The  Senate  and  House  of  Dele- 

gates. 

2.  Senators,  election  and  term. 

3.  Districts. 

4.  Number  of  Delegates  from  each 

district. 

5.  Governor’s  duties  in  regard  to 

Delegates. 

6.  Delegates  to  serve  for  two 

years. 

7.  Time  of  election. 

8.  Senators  to  be  divided  by  lot. 

9.  To  be  eligible  as  Senator  or 

Delegate. 

10.  They  may  not  hold  two  offices. 

11.  Who  may  not  be  Senators  or 

Delegate. 


Section 

12.  Others  who  may  not,  till  when. 

13.  To  fill  vacancies. 

14.  Time  of  meeting  of  General 

Assembly. 

15.  Length  of  session. — Pay  of 

members  and  mileage. 

16.  Distribution  of  books  and 

printed  matter  among  General 
Assembly. 

17.  Members  not  eligible  for  any 

office  created  during  their 
term  of  office. 

18.  Freedom  of  speech  in  debate. 

19.  Each  house  to  judge  of  the 

1 qualifications  of  its  own  mem> 

I bers.  — To  appoint  its  own 

j officers. 

j 20.  A majority  of  the  members  of 
each  house  to  be  a quorum. 

21.  Doors  of  each  house  to  be  open, 

except  when. 

22.  Each  house  to  keep  a jouT-nal. 

23.  May  punish  for  disorderly  con- 

duct any  person  not  a member. 

24.  Powers  and  duties  of  the  House 

of  Delegates. 

25.  Adjournment. 

26.  Power  of  impeachment. 

27.  A bill  may  originate  in  either 

house. 

28.  For  a bill  to  become  a law. 

29.  The  style  of  laws  of  the  State. 

30.  All  bills  to  be  signed  by  the 

Governor. 

31.  When  laws  are  to  take  effect. 

32.  How  money  may  be  drawm  from 

State  treasury. 

33.  As  to  local  or  special  laws. 

34.  Contracting  of  debts. 

35.  Extra  compensation. 

36.  Lotteries  not  legal. 

37.  In  regard  to  slaves. 

38.  No  imprisonment  for  debt. 

39.  Banking  corporations. 

40.  Private  property  taken  for  pub- 

lic use  to  have  just  compen- 
sation. 

41.  Dueling. 

42.  Purity  of  elections. 

43.  Property  of  wife  protected  from 

debts  of  husband. 


XCIY 


INDEX, 


Section 

44.  Debtor’s  property  to  the  extent 

of  $500  exempted. 

45.  Uniform  system  of  charges. 

46.  Grants  or  donations  from  the 

United  States. 

47.  Contested  elections. 

48.  Corporations  may  be  formed 

under  general  laws. 

49.  Time,  place  and  manner  of  hold- 

ing elections. 

50.  Bribery. 

51.  Personal  property  subject  to 

taxation. 

52.  Payment  of  private  claims. 

53.  Witnesses. 

54.  No  county  to  give  or  loan  Its 

credit. 

55.  Writ  of  habeas  corpus. 

56.  Laws  to  be  passed  for  carrying 

into  effect  powers  vested  in 
this  Constitution. 

57.  Legal  interest  six  per  cent. 

58.  State  and  municipal  taxation  to 

be  provided  for  by  law. 

59.  No  pension  system  in  this  State. 

ARTICLE  IV. 

Judiciary  Department. 

1.  Judicial  powers  of  State,  how 

vested. 

2.  Judges  to  be  citizens  and  quali- 

fied voters. 

3.  Election  of  judges,  term  of. 

4.  Removal  from  office. 

5.  Election  for  judges  in  every 

fifteenth  year. 

6.  No  fees  or  perquisites. 

7.  Judge  not  to  sit  in  any  case 

wherein  he  may  be  interested. 

8.  Removal  of  case. 

9.  Apportionment  of  officers  of  the 

courts. 

10.  Clerks  of  courts,  their  duties. 

11.  Election  returns  of  judges. 

12.  Ties,  how  settled. 

13.  Public  commissions  and  grants. 

14.  Court  of  Appeals,  composed  of 

whom. 

15.  Pour  of  said  judges  constitute  a 

quorum. 

16.  Reports  of  causes  to  be  pub- 

lished. 

17.  Clerk  of  Court  of  Appeals,  term 

of  office. 


Section 

18.  Judges  of  Court  of  Appeals, 

their  duties. 

19.  State  to  be  divided  into  eight 

judicial  circuits. 

20.  Powers  and  jurisdiction  of  Cir- 

cuit Courts. 

21.  Judges  of  the  same. 

22.  A decision  may  be  reserved  for 

consideration. 

23.  Decisions  to  be  rendered  within 

two  months  after  argument. 

24.  Judges’  salaries. 

25.  Clerk  of  Circuit  Court. — Term  of 

office. 

26.  Appointment  of  deputies. 

27.  Baltimore  City  Courts. 

28.  Court  of  Common  Pleas  for  city 

29.  Baltimore  Circuit  Court  has  ex- 

clusive jurisdiction  in  equity. 

30.  Jurisdiction  of  the  Criminal 

Court  of  Baltimore. 

31.  Supreme  Bench  of  Baltimore. 

32.  Duties  of  the  same. 

33.  Powers  of  the  same. 

34.  Decisions  in  Baltimore  City 

Court  judgments  to  be  final. 

35.  Three  judges  of  the  Supreme 

Bench  a quorum. 

36.  Cases  pending  to  be  proceeded 

with. 

37.  Clerks  of  the  courts  of  the  city 

of  Baltimore. — Salary. 

38.  Clerk  of  the  Court  of  Common 

Pleas  to  issue  marriage  and 
other  licenses. 

39.  Another  court  in  Baltimore. 

40.  Orphans’  Oourt. 

41.  Each  county  to  have  a register 

of  wills. 

42.  Justices  of  the  peace. 

43.  Governor  to  appoint  to  fill  va- 

cancies. 

44.  Sheriffs  to  hold  office  two  years. 

45.  Appointment  of  coroners,  elisors 

and  notaries  public. 

ARTICLE  V. 

A ttorn ey-  Ge nera I and  Sta te'e  A ttor n eys . 

1.  Attorney-General,  term  of  office 

■four  years. 

2.  Election  of  the  same. — In  case 

of  tie. 


INDEX. 


xcv 


Section 

3.  His  duties  and  salary. 

4.  To  be  eligible. 

5.  Vacancy,  how  to  be  filled. 

6.  Attorney-General  to  be  notified 

when  the  State  is  a party  in  a 
case. 

7.  The  State’s  attorney. — Term  of 

office. 

8.  Election  for  the  same. — In  case 

of  tie. 

9.  His  duties. 

10.  To  be  eligible  to  the  office  of. 

11.  In  case  of  vacancy. 

12.  His  authority. 

ARTICLE  VI. 

Treasury  Department. 

1.  To  consist  of  Comptrolier  and 

Treasurer. 

2.  Comptroller,  his  duties. 

3.  Treasurer,  his  duties. 

4.  He  is  to  render  his  accounts 

quarterly  to  the  Comptroller. 

5.  When  their  term  of  office  shall 

begin. 

6.  They  may  be  removed  from 

office. 

ARTICLE  VII. 

Sundry  Offices. 

1.  County  commissioners.  — Their 

number,  compensation,  powers 
and  duties. 

2.  County  surveyors. — Duties  and 

compensation. 

3.  State  librarian. — Salary. 

4.  Commissioner  of  the  land  office. 

— His  duties  and  salary. 

5.  He  is  aiso  to  keep  all  papers, 

records,  relics,  etc.,  without 
extra  compensation. 

6.  Wreck  master,  duties  and  pay. 

ARTICLE  VIII. 

Education. 

1.  Public  free  schools. 

2.  Present  system  to  remain  in 

force. 

3.  School  fund  to  be  kept  invio- 

late. 


ARTICLE  IX. 

Militia  and  Military  Affairs. 
Section 

1.  Militia  to  be  organized  and 

equipped. 

2.  Adjutant-General. 

3.  Existing  miiitia  law  shall  ex- 

pire. 

ARTICLE  X. 

Labor  and  Agriculture. 

1.  Superintendent  of  Labor  and 
Agriculture. 

2.  His  qualifications. 

3.  His  duties  and  salary. 

4.  His  supervision. 

5.  To  look  after  the  undeveloped 
resources  of  the  State. 

6.  To  make  reports  to  General 
Assembly. 

7.  Office  ot  the  same  to  continue 
four  years. 

ARTICLE  XI. 

City  of  Baltimore. 

1 . Time  for  election  of  mayor. 

2.  City  council,  to  consist  of  two 
branches. 

3.  Time  for  election  of  first  branch 
and  the  second. 

4 . When  the  reguiar  session  shall 
begin. 

'>.  May  not  hold  another  office. 

(').  May  be  removed  from  office  for 
neglect  of  duty. 

T.  He  may  not  create  a debt  nor 
loan  city  credit. 

What  laws  and  ordinances  are 
to  remain  in  force. 

9.  All  but  section  7 of  this  article 
may  be  changed  by  General 
Assembly. 

ARTICLE  XII. 

Public  Works. 

1 . Board  of  public  works. 

2.  The  duties  of  the  same. 

3.  Powers  of  the  board. 

ARTICLE  XIII. 

New  Counties. 

1 . New  counties  may  be  organized 
by  law. 

2.  Voting  for  new  counties. 


xcv 


INDEX. 


Section  I 

3.  Inhabitants  of  new  counties,  j 

their  oblig-ations.  j 

4.  May  elect  a Senator.  I 

5.  County  of  Wicomico. 

6.  Laws  to  be  passed  to  carry  into 

effect  the  provisions  of  this 
article. 

ARTICLE  XIV. 

Amendments. 

1.  Each  amendment  in  a separate 
bill. 


Section 

2.  Existing-  courts  to  continue. 

3.  State  and  military  officers  are 

to  continue  their  offices  till 
superseded. 

4.  Tie  a cause  for  new  election. 

5.  Jury  to  be  judges  of  the  law  as 

well  as  of  fact. 

6.  Right  of  trial  by  jury. 

7.  Time  for  holding  general  elec- 

tions. 


2.  In  regard  to  a convention  of 
altering  the  Constitution. 

ARTICLE  XV. 
Miscellaneous. 

1.  To  return  account  of  receipts 
and  expenses. 


8.  Duty  of  sheriffs  in  regard  to 

elections. 

I 

9.  Term  of  office  to  commence, 

when. 

10.  How  an  officer  may  qualify. — 
Vote  on  the  Constitution. 


MASSACHUSETTS. 


Chapter 

1.  Declaration  of  rights. 

Frame  of  government. 
Legislative  power. 

Senate. 

House  of  Representatives. 

2.  Governor. 

Lieutenant-Governor. 

Council. 

Manner  of  settling  elections. 
Secretary,  Treasurer,  Commis- 
sary, etc. 

3.  Judiciary  power. 

4.  Delegates  to  Congress. 

5.  The  University. 

The  encouragement  of  litera- 
ture. 

6.  Oaths. 

Articles  of  amendment. 

. CHAPTER  I. 

1.  Preamble. 

Part  1. 

Declaration  of  Rights. 

1.  Equality  and  natural  rights  of 

rr.an. 

2.  Right  and  duty  of  public  relig- 

ious worship.  — Protection 
therein. 

3.  Legrislature  empowered  to  com- 

pel provisions  for  public  wor- 


ship and  enjoin  attendance 
thercun. 

4.  Right  of  self-government  se- 

cured. 

5.  Accountability  of  all  officers, 

etc. 

6.  Service  rendered  to  the  public 

being  the  only  title  peculiar 
to  privileges. — Hereditary  of- 
fices are  absurd  and  un- 
natural. 

7.  Objects  of  government. — The 

right  of  the  people  to  insti- 
tute and  change  it. 

8.  Right  of  the  people  to  secure 

rotation,  in  office. 

9.  All  having  the  qualifications 

prescribed,  equally  eligible  to 
office. 

10.  Right  of  protection  and  duty  of 

contribution  correlative. 

11.  Remedies  by  recourse  to  the 

law,  to  be  free,  complete  and 
prompt. 

12.  Prosecutions  regulated. 

13.  Crimes  to  be  proved  in  the  vi- 

cinity. 

14.  To  be  secure  from  unreasonable 
' searches  and  seizures. 


IJSIDEX, 


XCVll 


15.  Right  of  trial  by  jury. 

16.  Liberty  of  the  press. 

17.  Right  to  keep  and  bear  arms. 

— Standing  armies  dangerous. 

— Military  power  subordinate 
to  civil  power.  | 

18.  Moral  qualifications  for  office. — j 

Moral  obligations  of  law-  j 
givers  and  magistrates.  | 

19.  The  people  have  the  right  to  j 

assemble  in  a peaceable  man-  ' 
ner  to  consult  for  common  * 
good. 

20.  Power  to  suspend  the  laws  or  | 

their  execution.  ! 

21.  Freedom  of  debate,  etc.,  and  | 

reason  thereof.  i 

22.  Frequent  sessions  and  objects  | 

thereof.  ; 

23.  Taxation  founded  on  consent.  I 

24.  Ex  post  facto  laws  prohibited. 

25.  Legislature  not  to  convict  of 

treason,  etc.  ! 

26.  Excessive  ball  or  fines,  and  cruel  ; 

punishment  prohibited.  | 

27.  No  soldiers  to  be  quartered  in 

any  house,  unless,  etc.  ! 

28.  Citizens  exempt  from  law  mar-  j 

shall,  unless,  etc.  I 

29.  Judges  of  Supreme  Judicial 

Court. — Tenure  of  their  office. 

— Salaries. 

30.  Separation  of  executive,  judicial 

and  legislative  departments. 

PxVRT  2. 

1.  Title  of  the  body  politic. 

Section  1. 

Legislaiive  Po'ner. 

1.  Legislative  department. 

2.  Governor’s  veto. — Bill  may  be 

passed  by  two-thirds  of  each 
house  notwithstanding. 

3.  General  Court  may  constitute 

judicatories. 

4.  General  Court  may  enact  laws, 

etc.,  not  repugnant  to  the  Con- 
stitution.— May  provide  for  the 
election  or  appointment  of 
officers,  and  may  prescribe 
their  duties.  — May  impose 
taxes. 


Section  2. 

t'cunte,. 

1.  Senate,  number  of,  and  by  whom 

elected. — County  shall  be  dis- 
tricts until,  etc. 

2.  Manner  and  time  of  choosing 

Senators  and  councillors. — Se- 
lectmen to  preside  at  town 
meetings. 

3.  Governor  and  council  to  examine 

and  count  votes  and  issue 
summonses. 

4.  Senate  to  be  final  judge  of 

elections,  etc.,  of  its  own  mem- 
bers. 

5.  Qualifications  of  a Senator. — 

Property  qualifications  abol- 
ished. 

6.  Senate  not  to  adjourn  more  than 

two  days. 

7.  Shall  choose  its  officers  and 

establish  its  rules. 

8.  Shall  try  all  impeachments.— 

Oath. — Limitation  of  sentence. 

9.  Not  less  than  sixteen  members 

of  the  Senate  shall  constitute 
a quorum  for  doing  business. 

Section  3. 

House  of  Representatives. 

1.  Representation  of  the  people. 

2.  Representatives.  — By  whom 

chosen. — Proviso  as  to  towns 
having  less  than  one  hundred 
and  fifty  ratable  polls. 

3.  Qualifications  of  a Representa- 

tive. — Property  qualifications 
abolished. 

4.  Qualifications  of  a voter. 

5.  Representatives,  when  chosen. 

6.  House  alone  can  impeach. 

7.  House  originates  all  money  bills. 

8.  Not  to  adjourn  more  than  two 

days. 

9.  Not  less  than  sixty  members  of 

the  House  of  Representatives 
shall  constitute  a quorum  for 
doing  business. 

10.  To  judge  of  returns,  etc.,  of  its 
own  members;  to  choose  its 
officers  and  establish  its  rules. 
— Privilege  of  members  from 
arrest. 


XCVlll 


INDEX. 


11.  Senate. — Governor  and  council 
may  punish. — Trial  may  be  by 
committee  or  otherwise. 

CHAPTER  II. 

Section  1. 

Governor. 

1.  Governor. 

2.  To  be  chosen  annually. 

3.  By  whom  chosen,  if  he  have  a 

majority  of  votes. — In  case  of 
tie. 

4.  Power  of  Governor,  and  of  Gov- 

ernor and  council. 

5.  May  adjourn  or  prorogue  the 

General  Court  upon  request, 
and  convene  the  same. 

6.  Governor  and  council  may  ad- 

journ the  General  Court  in 

cases,  etc.,  but  not  exceeding 

ninety  days. 

7.  Governor  to  be  commander-in- 

chief of  State  military  forces. 

8.  Governor  may  pardon. 

9.  Judicial  officers,  etc.,  how  nomi- 

nated and  appointed. 

10.  Militia  officers,  how  elected,  how 

commissioned.  — Major  ^ gene- 
rals, how  appointed  and  com- 
missioned. 

11.  Money,  how  drawn  from  the 

treasury. 

12.  All  public  boards  to  make  quar- 

terly returns. 

13.  Salary  of  Governor. 

Section  2. 

Lieutenant-  Governor. 

1.  Lieutenant-Governor,  his  qualifi- 

cations.— How  chosen. 

2.  President  of  council. 

3.  Lieutenant-Governor  to  be  act- 

ing Governor,  when. 

Section  3. 

Council,  Manner  of  Settling  Elections. 

1.  Number  of  councillors  changed 

to  eight. 

2.  From  whom  and  how  chosen.— 

When  Senators  become  coun- 
cillors their  seats  are  vacated. 

3.  Rank  of  councillors. 

4.  No  district  to  have  more  than 

two. 


5.  The  register  of  council. 

6.  When  the  council  is  to  exercise 

the  power  of  Governor. 

7.  Elections  may  be  adjourned. 

Section  4. 

Secretary,  Treasury,  Commissary. 

1.  Secretary,  by  whom  and  how 

chosen.  — Treasurer  ineligible 
for  more  than  five  successive 
years. 

2.  Secretary  to  keep  records.  — To 

attend  Governor  and  council. 

CHAPTER  III. 

Judiciary  Power. 

1.  Tenure  of  all  commissioned  offi- 

cers to  be  expressed. — Judicial 
officers  to  hold  office  during 
good  behavior. 

2.  Justices  of  the  Supreme  Court, 

to  give  opinions  when  required. 

3.  Justices  of  the  peace. — Tenure  of 

office. 

4.  Provisions  for  holding  Probate 

Courts. 

5.  Marriage,  divorce  and  alimony. 

CHAPTER  IV. 

Delegates  to  Congress. 

1.  Delegates  to  Congress. 

CHAPTER  V. 

Section  1. 

The  University. 

1.  Harvard  College. — Powers  and 

privileges  of  the  president  and 
fellows  confirmed. 

2.  All  gifts,  grants,  etc.,  confirmed. 

3.  Who  shall  be  overseers. 

Section  2. 

The  Encouragement  of  Literature. 

1.  Duty  of  Legislatures  and  magis- 
trates in  all  future  periods. 

CHAPTER  VI. 

1.  Oaths,  etc.  — Declaration  and 

oaths  of  all  officers. — Oath  of 
office,  how  administered. 

2.  Plurality  of  offices  prohibited  to 

Governor.  — Bribery,  etc.,  to 
disqualify. 

3.  Value  of  money  ascertained. 


INDEX. 


XCIX 


4.  Provisions  respecting-  commis- 

sions. 

5.  Provisions  respecting  writs. 

6.  Continuation  of  former  laws. 

7.  Benefit  of  habeas  corpus  secured, 

except,  etc. 

8.  The  enacting  style. 

9.  Officers  of  former  government 

continued. 

10.  Provision  for  revising  the  Con- 

stitution. 

11.  Provision  for  preserving  and 

publishing  this  Constitution. 

ARTICLES  OF  AMENDMENT. 

1.  Bill,  etc.,  not  approved  within 

five  days  not  to  become  a law, 
if  Legislature  adjourned  in  the 
meantime. 

2.  General  Court  empowered  to 

charter  cities. 

3.  Qualification  of  voters  for  Gov- 

ernor, Lieutenant  - Governor, 
Senators  and  Representatives. 

4.  Notaries  public. — How  appointed 

and  removed. 

5.  Who  may  vote  for  captains  and 

subalterns. 

6.  Oath  to  be  taken  by  all  officers. 

7.  Tests  abolished. 

8.  Incompatibility  of  offices. 

9.  Amendments  to  Constitution, 

how  made. 

10.  Commencement  and  termination 

of  political  year. 

11.  Religious  freedom  established. 

12.  Census  of  ratable  polls  to  be 

taken  every  ten  years. — Towns 
having  less  than  three  hundred 
ratable  polls,  how  represented, 
etc. 

13.  Census  of  inhabitants  to  be 

taken  in  1840  and  every  ten 
years  thereafter.  — House  of 
Representatives,  how  appor- 
tioned, etc. 

14.  Elections  by  the  people  to  be  by 

plurality  of  votes. 

15.  Time  of  annual  election  of  Gov- 

ernor and  Legislature. 


16.  Eight  councillors  to  be  chosen 

by  the  people,  etc. 

17.  Election  of  Secretary,  Treasurer, 

Auditor  and  Attorney-General 
by  the  people. — Vacancies,  how 
filled. 

18.  School  moneys  not  to  be  applied 

to  sectarian  schools. 

19.  Legislature  to  prescribe  for  the 

election  of  sheriffs. — Registers 
of  Probate  Court,  etc. 

20.  Reading  Constitution  in  English 

and  writing,  necessary  qualifi- 
cations of  voters. 

21.  Census  of  legal  voters  and  in- 

habitants, when  taken. — House 
of  Representatives  to  consist 
of  two  hundred  and  forty 
members,  etc. 

22.  Voters  to  be  basis  of  apportion- 

ment of  Senators. — Senate  to 
consist  of  forty  members,  etc. 

23.  Two  years’  residence  required  of 

naturalized  citizens  to  entitle 
to  suffrage  or  to  make  eligible 
to  office. 

24.  Vacancies  in  the  Senate. 

I 25.  Vacancies  in  the  Council. 

26.  Twenty-third  article  of  amend- 
1 ments  annulled. 

I 27.  Provisions  of  article  2,  chapter  6, 
relating  tO'  officers  of  Harvard 
College,  annulled. 

28.  Superseded  by  article  31. 

29.  Voting  precincts,  in  towns. 

30.  Voters  not  disqualified  by 

change  of  residence  until  six 
months  from  time  of  removal. 

31.  Amendments,  article  28  amended. 

32.  Provisions  of  amendments,  ar- 

ticle 3,  relative  to  payment  of 
a tax,  as  a voting  qualification, 
annulled. 

33.  Quorum  in  each  branch  of  the 

General  Court,  to  consist  of  a 
majority  of  members. 

34.  Provisions  of  article  2,  section  1, 

chapter  2,  part  2,  relative  to 
the  property  qualification  of 
Governor  annulled. 


c 


INDEX. 


MICHIGAN. 


ARTICLE  I. 

Section 

1.  Territorial  jurisdiction. 

ARTICLE  II. 

1.  The  seat  of  government  shall  be 
at  Lansing. 

ARTICLE  III. 

1.  Departments  of  government  shall 

be  the  legislative,  executive 
and  judicial. 

2.  Limitation  of  power,  etc. 

ARTICLE  IV. 

1.  The  legislative  power  is  vested 

in  the  Senate  and  House  of  Re- 
presentatives. 

2.  The  Senate  shall  consist  of 

thirty-two  members. 

3.  The  House  of  Representatives. — 

Representative  districts. 

4.  The  Legislature  shall  provide  a 

law  for  the  enumeration  of  the 
inhabitants. — Apportionment  of 
Senators  and  Representatives, 

5.  Members  must  be  citizens. 

6.  Certain  officers  eligible. 

7.  Privileges  of  members. 

8.  Majority  to  constitute  a quo- 

rum. 

9.  Powers  of  each  house. 

10.  Each  house  to  keep  a journal. 

11.  In  all  elections  the  vote  shall  be 

viva  voce. 

12.  Doors  to  be  open.— Adjournments. 

13.  Bills  may  originate  in  either 

house. 

14.  Bills  and  resolutions  to  be  pre- 

sented to  the  Governor. — Pro- 
ceedings when  Governor  disap- 
proves bill — How  vote  deter- 
mined— Bills  to  become  law  if 
not  returned  in  ten  days. — May 
be  signed  in  five  days  after  ad- 
journment. 

15.  Compensation  of  members. — Of 

members  from  Upper  Peninsu- 
la.— ^When  in  extra  session. — 
Mileage,  stationery,  laws,  jour- 
nals. documents. 


Section 

16.  In  regard  to  postage. 

17.  Compensation  of  the  president 

and  speaker. 

18.  No  member  to  receive  civil  ap- 

pointment or  to  be  interested 
in  contract  with  the  State,  etc. 

19.  Bills,  etc.,  to  be  read  three  times. 

— Ayes  and  nays  on  final  pass- 
age. 

20.  No  law  shall  embrace  more  than 

one  subject. — When  to  take  ef- 
fect. 

21.  Extra  compensation  forbidden. 

22.  Fuel,  stationery,  printing,  etc., 

to  be  let  by  contract. 

23.  Sale  of  real  estate,  vacating 

roads,  etc. 

24.  Chaplain  for  State  prison,  etc. 

25.  Altering  or  amending  laws,  etc. 

26.  Divorces  shall  not  b<»  granted  by 

the  Legislature. 

27.  Lotteries  illegal. 

28.  Introduction  of  bills. 

29.  Contested  elections. 

30.  Ineligibility  of  certain  persons. 

31.  The  Legislature  shall  not  audit 

or  allow  any  private  claim  or 
account, 

32.  Hour  of  adjournment. 

33.  The  Legislature  s^iall  meet  at 

the  seat  of  government. 

34.  Elections  of  Senators  and  Repre- 

sentatives. 

35.  State  paper. — Compensation  for 

publishing  laws. 

36.  Publication  of  statutes  and  de- 

cisions. 

37.  In  regard  to  vacancies. 

38.  Legal  legislation. 

39.  In  regard  to  religious  liberty. 

40.  Appropriations  for  religious  pur- 

i poses  forbidden. 

41.  Rights  of  opinion. 

j 42.  Liberty  of  speech  and  press. 

43.  The  Legislature  shall  not  pass 
any  bill  of  attainder  or  ex  post 
I facto  law. 


INDEX. 


Cl 


Section 

44.  In  regard  to  the  writ  of  habeas 
corpus. 

45,.  Bills  appropriating  money. 

46.  The  right  of  trial  by  jujr. 

47.  The  style  of  the  laws  shall  be. 

ARTICLE  V. 

1.  The  executive  power  is  vested 

in  the  Governor. 

2.  Eligibility  of  persons  for  Gov- 

ernor. 

3.  In  regard  to  the  election  of  Gov- 

ernor and  Lieutenant-Gov- 
ernor. 

4.  The  Governor  shall  be  command- 

er-in-chief of  the  military  and 
the  naval  forces. 

5.  He  shall  transact  all  necessary 

business  with  officers  of  the 
government. 

6.  He  shall  see  that  the  laws  are 

faithfully  executed. 

7.  He  may  convene  the  Legislature 

on  extraordinary  occasions. 

8.  In  regard  to  the  Governor’s 

messages. 

9.  When  sessions  may  be  held  else- 

where. 

10.  He  shall  issue  writs  of  el(-ction 

to  fill  vacancies. 

11.  He  shall  have  the  power  to  grant 

pardons  and  reprieves.— In  re- 
gard to  cases  of  treason. 

12.  In  case  of  vacancy,  absence,  etc. 

13.  Who  to  act  as  Governor. 

14.  The  Lieutenant-Governor  shall 

be  president  of  the  Senate. 

15.  Eligibility  of  certain  persons. 

16.  No  person  elected  to  the  office  of 

Governor  or  Lieutenant-Gov- 
ernor shall  hold  any  other  of- 
fice. 

17.  In  regard  to  the  compensation  of 

the  President  of  the  Senate 
when  performing  the  duties  of 
Governor. 

18.  There  shall  be  a State  seal, 

which  shall  be  kept  by  the 
Secretary  of  State. 

19.  C9mmlssions,  how  Issued. 


ARTICLE  VI. 

Section 

1.  The  judicial  power  is  vested  In 

one  Supreme  Court. 

2.  Supreme  Court. — Classification 

and  term  of  office. 

3.  The  Supreme  Court  shall  have  a 

general  superintending  control 
over  all  inferior  courts. 

4.  Four  terms  of  the  Supreme  Court 

shall  be  held  annually. 

5.  Rules  of  the  Supreme  Court,  etc. 

— Master  in  chancery  prohib- 
ited. 

6.  The  State  shall  be  divided  into 

judicial  circuits. 

7.  Alteration  of  circuits,  etc. 

8.  Jurisdiction  of  the  Circuit  Court. 

9.  Salary  of  judges,  etc. 

10.  The  Supreme  Court  may  ap- 

point a reporter  of  its  decisions. 
— May  fill  certain  vacancies. 

11.  Terms  of  court. — Judges  may 

hold  court  for  each  other. 

12.  In  regard  to  clerks  of  Circuit 

Courts. 

13.  Courts  of  Probate. — Jurisdiction, 

etc. 

14.  Vacancies. — How  filled. 

15.  Courts  of  record. 

16.  Circuit  Court  commissioners. 

17.  Justices  of  the  Peace. — How 

elected,  etc. 

18.  Civil  jurisdiction  of  justices. 

19.  The  judges  of  the  Supreme  Court, 

Circuit  judges  and  justices  of 
the  peace  shall  be  conservators 
of  the  peace. 

20.  Election  of  Circuit  judges. 

21.  Election  of  judges  of  Probate. 

22.  What  deemed  vacancy. 

23.  The  Legislature  may  establish 

courts  of  conciliation. 

24.  Suitors  may  appear  by  attorney 

or  in  person. 

25.  Libels. — Truth  may  be  given  In 

evidence. 

26.  Security  of  person,  property,  etc. 

Search  warrants. 

27.  Right  of  trial  by  Jury. 

28.  Accused  to  have  speedy  trial,  etc. 


INDEX. 


Cll 


Section 

29.  No  trial  after  acquittal  upon 

merits. 

30.  Treason  against  the  State  de- 

fined. 

31.  Excessive  bail  or  fines  shall  not 

be  required. 

32.  Testimony  of  person  against 

himself. 

33.  No  person  shall  be  imprisoned 

for  debt. 

34.  Competency  of  witnesses. 

35.  Style  of  process. 

ARTICLE  VII. 

1.  Qualifications  of  electors. — Pro- 

viso. 

2.  All  votes  to  be  by  ballot. 

3.  Privi’iege  from  arrest. 

4.  No  person  shall  be  obliged  to  do  1 

military  duty  on  the  day  of 
election,  except  during  time  of  [ 
war. 

5.  Residence  of  electors. 

6.  Laws  shall  be  passed  to  pre-  ! 

serve  the  purity  of  elections.  ! 

7.  Soldiers,  etc.,  not  residents. 

8.  Duelling  disqualifies  for  office. 

ARTICLE  VIII. 

1.  Officers  to  be  elected  at  each 

general  biennial  election. — 
Where  to  keep  their  offices. 

2.  Their  term  of  office. 

3.  The  Governor  shall  have  power 

to  fill  any  vacancy  which  may 
occur  in  any  State  office. 

4.  Who  shall  constitute  the  board 

of  State  auditors. 

6.  In  case  of  a tie  Legislature  to 
make  choice. 

ARTICLE  IX. 

1.  In  regard  to  the  salaries  of  the 
State  officers. 

ARTICLE  X. 

1.  Counties  to  be  bodies  corporate. 

2.  Number  of  townships  in  county. 

8.  County  officers. 

4.  What  officer  at  county  seat. 

6.  Sheriff  to  hold  no  other  office. — 


I Section 

i To  give  security.— County  not 

! responsible. 

6.  Board  of  Supervisors, 
j 7.  Cities  to  be  represented  in  board. 

8.  County  seats. — How  removed. 

9.  The  Board  of  Supervisors  may 

I borrow  money  for  constructing 

I highways,  bridges,  etc. 

! 10.  Claims  against  counties,  etc. 

I 11.  The  Board  of  Supervisors  of  each 
county  may  provide  for  the 
laying  out  of  highways,  etc. 

ARTICLE  XI. 

1.  Township  officers. 

2.  Each  organized  township  shall 
be  a body  corporate. 

ARTICLE  XII. 

1.  The  House  of  Representatives 
shall  have  the  sole  power  of 
impeachment. 

2.  How  tried. — Conviction  and 

judgment. 

3.  Who  to  prosecute. — When  to  be 
tried. 

4.  No  judicial  officer  shall  exercise 
his  office  after  impeachment  is 
directed  until  he  is  acquitted. 

5.  Vacancy  by  suspension,  etc. 

6.  For  reasonable  cause,  which 
shall  not  be  sufficient  ground 
for  the  impeachment  of  a 
judge,  the  Governor  shall  re- 
move him. 

7.  Removal  of  certain  officers. 

8.  Removal  of  certain  State  of- 
ficers. 

ARTICLE  XIII. 

1.  The  Superintendent  of  Public 
Instruction  shall  have  the  gen- 
eral supervision  of  public  in- 
struction. 

2.  In  regard  to  the  school  fund. 

3.  All  lands  the  title  of  which  shall 
fail  from  a defect  of  heir* 
shall  escheat  to  the  State. 

4.  In  regard  to  free  schools. — In- 
struction to  be  in  English  lan- 
guage. 


INDEX. 


ciii 


Section 

5.  Time  school  must  he  maintained. 

6.  Election  of  Regents  of  the  Uni- 

versity.— Board  of  Regents. 

7.  To  be  a body  corporate. — Name. 

8.  President  of  university. — Super- 

vision of  university. 

9.  Board  of  education. — Superin- 

tendent of  Public  Instruction  to 
be  a member. 

10.  Institutions  for  the  benefit  of 

the  blind,  deaf  and  dumb  and 
the  insane  shall  be  supported. 

11.  Agricultural  school. — Appropria- 

tion of  land  for  same. — May  be 
made  a branch  of  university. 

12.  Town  libraries. 

ARTICLE  XIV. 

1.  In  regard  to  specitic  charge. — Tax 
tv^^^^for  State  expenses. 

2.  The  Legislature  shall  provide  by 

law  a sinking  fund. 

3.  State  may  contract  debts,  etc. 

4.  To  repel  invasions,  etc. 

5.  No  money  shall  be  paid  out  of 

the  treasury  except  by  appro- 
priation. 

6.  The  credit  of  the  State  shall  not 

be  granted. 

7.  Issue  of  scrip. 

8.  The  State  shall  not  subscribe  to 

or  be  interested  in  any  corpor- 
ation. 

9.  The  State  shall  not  be  a party 

to  or  be  interested  in  any 
work  of  internal  improvement, 
except. 

10.  The  State  may  continue  to  collect 

all  specific  taxes. 

11.  There  shall  be  a uniform  rate  of 

taxation,  except. 

12.  All  assessments  hereafter  au- 

thorized shall  be  on  property 
at  its  face  value. 

13.  The  Legislature  shall  provide 

for  an  equalization  by  a State 
board. 

14.  Laws  imposing  taxes. 

ARTICLE  XV. 

1.  How  corporations  may  be 
formed.— Legislature  may  cre- 
ate single  bank. 


Section 

2.  Banking  law  to  be  voted  on. 

3.  Liability  of  stockholders,  etc. 

4.  Registry  of  bills  or  notes. — Se- 
curity required. 

5.  Bill-holders  entitled  to  prefer- 
ence. 

6.  Suspension  of  specie  payments. 

7.  In  regard  to  liability. 

8.  Amending  acts  of  corporation, 
etc. 

9.  Property,  how  taken. 

10.  Terms  of  corporations. 

11.  Construction  of  the  term  corpor- 
ation.— Right  to  sue  and  be 
sued. 

12.  Limitation  of  time  for  holding 
real  estate. 

13.  In  regard  to  the  organization  of 
cities  and  villages,  etc. 

14.  In  regard  to  the  election  of 
judicial  officers. 

15.  Private  property. — How  taken. 

16.  Notice  for  charter. 

ARTICLE  XVI. 

1.  Personal  property. 

2.  In  regard  to  homesteads. 

3.  The  homestead  of  a family, 
after  the  death  of  the  owner 
thereof,  shall  be  exempt  from 
the  payment  of  bis  debis. 

4.  In  regard  to  disposition  of  home- 
stead when  not  owned  by 
widow. 

5.  Estates  of  females. 

ARTICLE  XVII. 

1.  Militia,  of  whom  composed. 

2.  The  Legislature  shall  provide 
by  law  -for  organizing  and 
equipping  a militia. 

3.  The  officers  shall  be  elected  by 
appointment  and  commissioned 
in  such  manner  as  may  be  pro- 
vided by  law. 

ARTICLE  XVIII. 

1.  Enumeration  of  those  who  shall 

take  the  oath  of  office. 

2.  Private  property  for  public  use. 

3.  No  mechanical  trade  shall  be 

hereafter  taught  to  convict! 


CIV 


INDEX. 


Section 

in  the  State  prison  of  this 
State. 

4.  In  regard  to  navigable  streams. 
B.  An  accurate  statement  of  the 
receipts  and  expenditures  of 
the  public  moneys  shall  be  at- 
tached to  and  published  with 
the  laws  at  every  regular  ses- 
sion of  the  Legislature. 

6.  Laws,  etc.,  to  be  in  English. 

7.  Every  person  has  a right  to  bear 

arms  for  the  defense  of  him- 
self and  the  State. 

8.  The  military  to  be  subordinate 

to  the  civil  power. 

9.  Quartering  of  soldiers. 

10.  The  peop’Je  have  the  right  to  as- 

semble together  peacefully  to 
consult  for  the  common  good. 

11.  Slavery  shall  be  prohibited  in 

this  State. 

12.  In  regard  to  leases. 

13.  Aliens  may  hold  property. 

14.  Private  property. — Private  roads. 

15.  Revision  of  laws. — Commission- 

ers to  examine. 

ARTICLE  XIX. 

1.  Upper  Peninsula. — See  schedule, 

sec.  26. 

2.  The  district  judge  shall  be  elect- 

ed by  the  electors  of  such  dis- 
trict. 

3.  In  regard  to  the  di'trict  nttorney. 

4.  Senators  and  Representatives. 

5.  Compensation  of  judges,  etc. — 

See  Constitution,  article  4,  sec- 
tion 15. 

6.  Election. — When  to  take  place. 

7.  In  regard  to  mining  taxes. 

8.  The  location  of  the  State  prison. 

9.  Mining  companies. — Charters  may 

be  modified  by  the  Legislature- 
ARTTCLE  XIXa. 

1.  Railroad  fares  and  freights. — 

Discrimination  prohibited. 

2.  Competing  lines  not  to  consoli- 

date.—Notice  of  consolidation. 

ARTICLE  XX. 

1.  Amendments  to  Constitution 

may  be  proposed  by  the  Senate 
or  House  of  Representatives. 

2.  Revision  of  the  Constitution. 


SCHEDULE. 

Section 

1.  The  common  and  statute  laws 

now  in  force  shall  remain  in 
force  until  they  are  repealed  or 
amended. 

2.  Continuance  of  writs,  actions,  etc. 

3.  In  regard  to  fines,  etc. 

4.  Recognizances,  etc. 

5.  Governor  and  Lieutenant-Gov- 

ernor. 

6. In  regard  to  officers  to  hold  over. 

7.  Senators  and  Representatives 

shall  continue  to  hold  office 
until  superseded  by  their  suc- 
cessors. 

8.  County  officers  to  hold  over. 

I 9.  Terms  of  certain  officer. 

I 10.  Jurisdiction  of  suits,  etc. 

11.  Jurisdiction  of  Probate  Courts,  etc. 

12.  The  office  of  State  printer. 

13.  It  shall  be  the  duty  of  the  Leg- 

islature at  their  first  session  to 
adopt  the  present  laws  to  the 
provisions  of  this  Constitution, 
as  far  as  may  be. 

15.  Any  territory  attached  to  any 

county  for  judicial  purposes,  if 
not  otherwise  represented, 
shall  be  considered  as  forming 
a part  of  such  county. 

16.  Constitution  to  be  submitted  to 

the  people. — Qualification  of 
electors. 

17.  Any  person  entitled  to  vote  for 

members  of  tlie  T.egislature,  etc. 

18.  At  the  general  election  a ballot 

box  shall  be  kept. 

19.  In  regard  to  the  canvass  of  the 

votes  cast  for  the  adoption  or 
rejection  of  this  Constitution. 

20.  In  regard  to  salaries. 

21.  Expenditures  of  the  convention. 

22.  Representative  districts. 

23.  Cases  pending  in  chancery. 

24.  Term  of  office  of  Governor,  etc. 

25.  Upper  Peninsula. 

26.  District  judge  and  district  attor- 

ney. 

27.  Legislature  of  1851. — Its  duties. 

28.  Terms  of  State  and  county  of- 

ficers. 

29.  Judicial  circuits.  Const.,  Art.  6, 

Sec.  7. 


INDEX. 


cv 


MINNESOTA. 


Article 

1.  Bill  of  rights. 

2.  On  name  and  boundaries. 

3.  Distribution  of  the  powers  of 

government. 

4.  Legislative  department. 

5.  Executive  department. 

6.  Judiciary. 

7.  Elective  franchise. 

8.  School  funds,  education  and 

science. 

9.  Finance  of  the  State  and  banks 

and  banking.  ' 

10.  Corporations  having  no  banking  j 

privileges. 

11.  Counties  and  townships. 

12.  Of  the  militia. 

13.  Impeachment  and  removal  from 

office. 

14.  Amendments  to  the  Constitu- 

tion. 

15.  Miscellaneous  subjects. 

SCHEDULE. 

Amendment  to  section  10,  arti- 
cle 9 of  the  Constitution. 
Preamble. 

ARTICLE  I. 

Bill  of  Eif/hts 

Section 

1.  All  political  power  is  inherent 

in  ithe  people. 

2.  There  shall  be  neither  slavery 

nor  involuntary  servitude  in 
the  State,  except  for  the  pun- 
ishment of  crime. 

3.  Liberty  of  the  press. 

4.  Right  of  trial  by  jury. 

5.  Excessive  bail  and  excessive 

fines  prohibited,  nor  shall 
cruel  punishments  be  inflicted. 

€.  In  criminal  prosecutions,  rights 
of  the  accused. 

7.  No  person  shall  be  held  to 
answer  for  a criminal  offense 
unless  on  the  presentment  or 
indictment  of  a grand  jur>\ 

S.  Justice  to  be  free  and  without 
purchase. 


Section 

9.  Treason  against  the  State  de- 
fined. 

10.  Unreasonable  searches  and  seiz- 

ures prohibited. 

11.  No  bill  of  attainder,  ex  post 

facto  law  or  any  law  impair- 
ing the  obligation  of  con- 
tracts. 

12.  Xo  person  to  be  imprisoned  for 

debt  in  this  State. 

13.  Private  property  taken  for  pub- 

lic use  to  hove  just  compen- 
sation. 

14.  The  military  shall  be  subordi- 

nate to  the  civil  power. — No 
standing  army. 

15.  Feudal  tenures.— Leases  and 

grants  of  agricultural  lands 
not  longer  than  twenty-one 
years. 

16.  The  enumeration  of  rights  in 

this  Constitution  shall  not  im- 
pair others  retained  by  the 
people. 

j 17.  No  religious  tests  for  holding 
! office  or  for  voting. 

ARTICLE  II. 

Oil  Xame  of  Boundaries. 

1.  The  name  and  boundaries  of  the 

State. 

2.  Jurisdiction  of  the  State  on  the 

Mississippi  and  other  rivers. 

3.  In  regard  to  forming  a Consti- 

tution and  State  government. 

ARTICLE  III. 

Distribution  of  the  Powers  of  Govern- 
ment. 

1.  The  powers  of  the  government 
shall  be  divided  into  legisla- 
tive, executive  and  judicial. 

ARTICLE  IV. 

Legisla tire  Depa  rtmen  i . 

1.  Legislature  shall  consist  of  the 
Senate  and  House  of  Repre- 
sentatives. 


CVl 


INDEX. 


Section 

2.  One  Senator  for  every  five 

'thousand  inhabitants;  one  Re- 
presentative for  every  two 
thousand. 

3.  Each  house  shall  be  judge  of 

the  election  and  eligibility  of 
its  own  members;  the  major- 
ity of  each  to  constitute  a 
quorum. 

4.  Two-thirds  may  expel  a mem- 

ber. 

5.  Each  house  to  elect  its  own 

officers. — Each  house  to  keep 
a journal. 

6.  May  not  adjourn  for  more  than 

three  days. 

7.  Compensation,  etc.,  of  members 

of  the  Legislature. 

8.  To  be  privileged  from  arrest. 

9.  No  Senaitor  or  Representative 

shall  hold  other  office,  excep- 
tions. 

10.  All  bills  for  raising  money  shall 

originate  in  the  House  of  Re- 
presentatives. 

11.  Every  bill  shall  be  signed  by 

the  Governor,  etc. 

12.  No  money  shall  be  appropriated 

except  by  bill. 

13.  Style  of  the  laws  shall  be. 

14.  House  of  Representatives  shall 

have  sole  power  of  impeach- 
ment. 

15.  Bribery  and  perjury  a bar  to 

office. 

16.  Two  or  more  members  of  either 

house  may  protest,  etc. 

17.  The  Governor  may  fill  vacan- 

cies which  occur  in  either 
house. 

18.  Disorderly  or  contemptuous 

conduct  may  be  punished. 

19.  Doors  of  each  house  shall  be 

open,  except. 

20.  Every  bill  to  be  read  on  three 

different  days. 

21.  What  is  to  be  done  with  bills 

after  passing  both  houses. 

22.  No  bill  shalTbe  passed  by  either 

house  upon  the  day  of  ad- 
journment. 

23.  Census  to  be  taken  every  tenth 

year. 


Section 

24.  Choosing  of  Senators. 

25.  Senators  and  Representatives 

to  be  qualified  electors. 

26.  Election  of  United  States  Sena- 

tors. 

27.  No  bill  shall  embrace  more  than 

one  subject. 

28.  Divorces  shall  not  be  granted 

by  the  Legislature. 

29.  Members  of  both  houses  to  take 

the  oath  or  affirmation. 

30.  In  all  elections  by  the  Legisla- 

ture members  shall  vote  viva 
voce. 

31.  Lotteries  prohibited. 

32.  In  regard  to  railroads. — In  re- 

gard to  lands  donated  to  the 
State. 

33.  The  Legislature  is  prohibited 

from  enacting  special  or  pri- 
vate laws  in  the  following 
cases. 

34.  General  laws  to  be  uniform  in 

their  operation. 

35.  Combinations  to  influence  the 
market  for  food  products  de- 
clared a criminal  conspiracy. 

ARTICLE  V. 

ExecuHi'c  Bc'pn rtmen t 

1.  To  consist  of  Governor,  Lieu- 

tenant-Governor, Secretary  of 
State,  Auditor,  Treasurer  and 
Attorney-Genefail. 

2.  Election  of  the  same. 

3.  Term  of  office  of  Governor  and 

iLieutenantHGovernon. 

4.  Governor’s  message. — His  pow- 

ers and  duties.— He  shall  take 
care  that  the  laws  are  faith- 
fully executed. 

5.  Terms  of  office  of  other  State 

officers. 

6.  Lieutenant-Governor  president 

of  senate,  his  compensation, 
etc. 

7.  Terms  of  office  of  other  State 

officers. 

8.  Each  officer  created  in  this  arti- 

cle, before  entering  on  his  du- 
ties, shall  take  the  oath  to 
support  the  Constitution. 

9.  Laws  shall  be  passed  at  the 

first  session  of  the  Legisla- 


INDEX. 


cvn 


Section  I 

lure  after  the  State  is  admit-  . 
ted  to  the  Union  to  carry  into  ! 
effect  the  provisions  of  this  ' 
article. 

ARTICLE  VI. 

Judiciary. 

1.  The  judicial  power  of  the  State 

shall  be  vested  in  Supreme 
Court,  District  Courts,  Pro- 
bate Courts,  etc. 

2.  The  Supreme  Court.— Its  juris-  , 

diction  and  terms. 

3.  Election  of  judg-es. 

4.  The  State  shall  be  divided  into 

judicial  districts. 

5.  Jurisdiction  of  District  Courts. 

6.  The  judges  of  Supreme  and  Dis- 

trict Court's. — Their  compen- 
sation. 

7.  Probate  Courts. — Jurisdiction  of. 

8.  Justices  of  the  peace. — Jurisdic- 

tion of. 

9.  Other  judges. 

10.  In  case  of  vacancy,  how  filled. 

11.  Judges  may  not  hold  two  offices.  ' 

12.  Judicial  districts  may  be  j 

changed.  { 

13.  Clerk  of  District  Court.  | 

14.  In  legal  pleadings  the  style  of 

process. 

15.  Court  commissioner. 

ARTICLE  VII. 

Elective  Franchise. 

1.  Qualifications  for  voters. 

2.  Treason  or  felony  debars  from 

voting,  unless. 

3.  For  the  purpose  of  voting  no  i 

person  shall  lose  residence  by  [ 
reason  of  absence  while  in 
service  of  the  United  States. 

4.  Soldiers,  etc.,  of  the  United 

States  not  residents  of  this 
State. 

5.  During  election  day  voters 

privileged  from  arrest. 

6.  Elections  to  be  by  ballot. 

7.  Electors  shall  be  eligible  to  j 

office.  I 

8.  Women  may  vote  for  school  | 

officers.  | 

9.  The  official  year  of  the  State  | 


Section 

shall  commence  on  the  first , 
Monday  in  January. 

ARTICLE  VIII. 

School  Fund,  Education  and  Science, 

1.  The  Legislature  shall  estalish 

a uniform  system  of  public 
schools. 

2.  The  proceeds  of  such  lands 

granted  by  the  United  States,, 
to  be  used  for  public  schools. 

3.  Legislature  shall  make  such 

provision  by  taxation,  etc. 

4.  The  University  of  Minnesota. 

5.  The  permanent  school  fund  of 

the  State  may  be  loaned  upon 
interest  at  five  per  cent. 

ARTICLE  IX. 

Finances  of  the  State,  Banks  and  Bank- 
ing. 

1.  All  taxes  to  be  raised  by  the 

state  shall  be  as  nearly  equal 
as  may  be. 

2.  The  Legislature  shall  provide 

for  an  annual  tax  sufficient 
to  defray  the  expenses  of  the 
Sitate. 

3.  Laws  shall  be  made  taxing 

all  moneys,  etc. 

4.  Laws  shall  be  passed  for  taxing 

notes,  bills,  etc. 

5.  For  defraying  extraordinary  ex- 

penditures the  State  may  con- 
tract a public  debt  not  to  ex- 
ceed $250,000. 

6.  In  regard  to  contracting  debts. 

7.  VTiat  debts  may  be  contracted 

in  time  of  war. 

8.  The  money  arising  from  any 

loan  shall  be  applied  to  the 
objects  specified. 

9.  No  money  to  be  paid  out  of  the 

treasury  except  by  appropria- 
tion. 

10.  The  State  shall  never  give  or 

loan  its  credit. 

11.  A detailed  statement  of  money 

drawn  from  the  treasury  to 
•be  published. 

12.  Safe  keeping  of  school  funds,. 

etc. 


INDEX. 


cviii 

Section 

13.  The  Legislature  may  pass  a 

general  banking  law. 

14.  Hospitals  for  the  insane,  blind, 

etc. 

15.  The  Legislature  shall  not  au- 

thorize any  county,  township 
or  city  to  issue  bonds. 

ARTICLE  X. 

(Corporations  Having  no  Banking  Privi- 
leges. 

1.  Corporations  defined. 

2.  They  shall  not  be  formed  under 

special  acts. 

3.  Each  stockholder  in  a corpora- 

tion shall  be  liable  for  the 
amount  of  stock  owned. 

4.  Lands  taken  for  a public  way 
■ shall  have  a fair  compensa- 
tion. 

xVRTICLE  XI. 

Counties  and  Townships. 

1.  New  counties  may  be  organized. 

2.  When  a city  may  be  organized 

into  a separate  county. 

3.  Municipal  and  other  towns  miay 

be  organized. 

4.  Election  of  county  and  town 

officers. 

5.  County  and  township  powers  of 

local  'taxation. 

6.  How  money  may  be  drawn 

from  county  or  township 
treasury. 

7.  The  county  of  Manomen  is 

abolished. 

ARTICLE  XII. 

The  Militia. 

1.  Be  organized,  disciplined  and 
equipped. 

ARTICLE  XHI. 

Impeachment  and  Uemoval  from  Office. 

1.  What  officers  may  be  im- 

peached. 

2.  Removal  of  inferior  officers. 

3.  Not  to  exercise  duties  of  office 

after  impeachment. 

4.  Lieutenant-Covernor  not  to  act 

as  a member  of  the  court  in 
trying  Governor  for  impeach- 
ment. 


ARTICLE  XIV. 
Amendments  to  ConHitution. 
Section 

1.  The  Constitution  may  be 

amended. 

2.  It  may  be  revised. 

ARTICLE  XV. 
Miscellaneous  Subjects. 

1.  The  seat  of  government  of  the 
State  to  be  the  city  of  St. 

I Paul. 

I 2.  Those  residing  on  Indian  lands, 
j 3.  The  uniform  oath  or  affirma- 
tion. 

4.  Seal  of  State. 

5.  The  Territorial  prison  to  be  one 

of  the  State  prisons. 

SCHEDULE. 

1.  To  avoid  inconvenience  arising 

from  a change  from  Territo- 
rial to  state  government. 

2.  Territorial  laws  not  repugnant 

to  this  Constitution  shall  re- 
main in  force. 

3.  All  fines  accruing  to  the  Terri- 

tory shall  accrue  to  'the  State. 

4.  Other  changes  from  Territory 

to  State. 

5.  All  Territorial  officers,  civil  and 

military,  shall  continue  to 
hold  office,  etc. 

6.  First  session  of  the  Legislature 

of  Minnesota. 

7.  Election  laws  hall  continue  in 

force. 

8.  Disposal  of  this  Constitution. 

9.  For  the  purposes  of  the  first 

election. 

10.  For  the  purposes  of  the  first 

election  of  the  members  of 
the  Senate  and  the  House  of 
Representatives. 

11.  In  regard  to  certain  counties. 

12.  Apportionment  of  Senators  and 

Representatives  at  the  first 
election. 

13.  The  returns  of  the  Twenty-sec- 

ond district. 

14.  State  shall  be  divided  into  the 

following  judicial  districts. 


INDEX. 


C 1 X 


Section 

15.  Which  may  elect  one  prosecut- 

ing attorney. 

16.  Time  of  a certain  election. 

17.  Those  who  may  vote  at  the 

same. 

18.  In  voting  for  and  against  the 

adoption  of  this  Constitution. 

19.  At  said  election  the  polls  shah 

be  open,  etc. 


Section 

20.  The  duty  of  judges  and  clerks 

of  election. 

21.  "The  returns  of  said  election  for 

and  against  'this  Constitution 

22.  What  is  to  take  place  if  the 

Constitution  is  not  accepted. 
Amendment  to  section  10,  arti- 
cle 9 of  this  Constitution. 


MISSISSIPPI. 


Article  ; 

1.  Distribution  of  powers. 

2.  Boundaries  of  the  State. 

3.  Bill  of  rights. 

4.  Legislative  department. 

5.  Executive. 

6.  Judiciary. 

7.  Corporations. 

8.  Education. 

9.  Militia. 

10.  The  Penitentiary  and  Prisons. 

11.  Levees. 

12.  Franchise. 

13.  Apportionment. 

14.  General  provisions. 

15.  Amendments. 

Sched'ule. 

ARTICLE  I. 

Distribution  of  Pouters. 

Section 

1.  Shall  be  divided  into  three  dis- 

tinct departments,  the  Legisla- 
tive, Judicial  and  the  Execu- 
tive. 

2.  They  shall  not  exercise  the 

duties  of  each  other’s  depart- 
ments. 

ARTICLE  II. 

Boundaries  of -the  State. 

3.  The  boundaries  of  the  State. 

4.  The  Legislature  shall  have  the 

power  to  take  additional  terri-  i 
tory  for  the  State. 

ARTICLE  III. 

Bill  of  Bights. 

5.  All  political  power  vested  in  the 

people. 


I Section 

6.  The  people  have  the  inherent 
i right  to  regulate  the  internal 

government. 

' 7.  The  State  is  inseparable  from 

' the  Union. 

I 8.  Those  who  are  citizens  of  this 
' State. 

I 9.  The  military  shall  be  subordi- 
nate to  the  civil  power. 

10.  Treason  against  the  State  de- 

fined. 

11.  The  people  have  the  right  to  as- 

semble peaceably  to  consult 
for  the  common  good. 

12.  The  right  to  bear  arms. 

13.  Freedom  of  speech  and  of  the 

press. 

14.  No  person  shall  be  deprived  of 

life,  liberty  or  property  except 
by  due  process  of  law. 

15.  There  shall  be  neither  slavery 

nor  involuntary  servitude  ex- 
cept as  a punishment  for 
crime. 

16.  No  ex  post  facto  law  to  be 

passed. 

17.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

18.  No  /religious  test  as  a qualifica- 

tion for  office  shall  be  required. 

19.  Duelling  prohibited. 

20.  The  term  of  all  officers  will  be 

for  some  specified  period. 

21.  The  writ  of  habeas  corpus  shall 

not  be  suspended. 

22.  No  person  shall  be  put  in  jeop- 

ardy twice  for  the  same  of- 
fense. 


cx 


INDEX. 


Section 

23.  Unreasonable  seizures  and 

searches  prohibited. 

24.  All  courts  shall  be  open  and 

right  and  justice  administered 
without  sale  or  delay. 

25.  The  right  to  defend  in  any  civil 

court. 

26.  Excessive  bail  shall!  not  be  re- 

quired. 

27.  How  a person  shall  be  proceeded 

against. 

28.  Cruel  punishment  shall  not  be 

inflicted  nor  excessive  flnes  im- 
posed. 

29.  Excessive  bail  shall  not  be  re- 

quired. 

30.  No  imprisonment  for  debt. 

31.  The  right  of  trial  by  jury. 

32.  The  enumeration  of  rights  in  this 

Constitution  not  to  impair 
others  retained  by  the  people. 

ARTICLE  IV. 

Legidaiive  Dejiartment. 

33.  The  power  of  the  same  is  vested 

in  the  Legislature. 

34.  Members  of  the  Legislature 

chosen  every  four  years. 

35.  Senators  the  same. 

36.  The  first  regular  session  of  the 

Legislature,  when  to  be. 

37.  Elections  for  members  to  be  held 

in  the  counties  and  districts  | 
provided  by  law. 

38.  Each  house  shall  elect  its  own 

officers  and  judge  of  the  quali- 
fications of  its  members. 

39.  The  Senate  shall  choose  a presi- 

dent pro  tempore. 

40.  Members  of  the  Legislature 

shall  take  the  following  oath. 

41.  To  be  eligible  for  member  of  the 

house. 

42.  To  be  eligible  to  be  a Senator. 

43.  No  person  liable  as  principal  for 

public  moneys  unaccounted  for 
shall  be  eligible  to  a seat  in 
either  house. 

44.  Bribery,  perjury,  etc.,  debar 

from  office. 

45.  Members  of  the  Legislature  not 

eligible  for  any  other  office,  etc. 

46.  The  pay  of  the  same. 


I Section 

47.  They  may  not  take  fees  or  re- 

wards. 

48.  In  certain  cases  they  are  privi- 

leged from  arrest. 

49.  The  House  of  Representatives 

shall  have  the  sole  power  ol 
impeachment. 

50.  Those  liable  to  impeachment. 

51.  Judgment  in  such  cases  not  to 

extend  further  than  removal 
from  office. 

52.  The  Chief  Justice  to  preside 

when  the  Governor  is  tried. 

53.  Judges  of  the  Supreme  Court 

may  be  removed  from  office. 

54.  The  majority  of  each  house  to 

constitute  a quorum. 

55.  Each  house  to  determine  the 

rules  of  its  own  proceedings. 

56.  The  style  of  the  laws  shall  be. 

57.  Neither  house  shall  adjourn  for 

more  than  three  days. 

58.  Sessions  to  be  open  except  in 

certain  cases. 

59.  Bills  may  originate  in  either 

house. 

60.  No  law  shall  pass  except  by 

bill. 

61.  No  law  shall  be  revised  or 

amended  by  reference  to  its 
title  only. 

62.  How  bills  shall  be  voted  for  in 

the  Legislature. 

63.  Appropriation  bills  to  fix  a defin- 

ite sum  to  be  drawn  from  the 
treasury. 

64.  Appropriation  bills  passed  after 

adoption  of  this  Constitution 
shall  not  remain  in  force  for 
more  than  six  months. 

65.  In  regard  to  the  final  passage  of 

a measure. 

66.  In  regard  to  granting  a dona- 

tion or  gratuity. 

67.  New  bills  not  to  be  introduced 

during  the  last  three  days  of 
the  session. 

68.  Appropriation  and  revenue  bills 

shall  have  precedence. 

69.  Geneiral  appropriation  billis  shall 

contain,  etc. 

70.  Revenue  bills,  etc.,  to  become  a 

law  must  have  at  least  a three- 
fifths  vote  of  the  members  of 
each  house. 


INDEX. 


CXI 


Section 

71.  Every  bill  shall  have  a title. 

72.  Every  bill  to  be  signed  by  the 

Governor. 

73.  The  Governor  may  veto,  etc. 

74.  No  bill  shall  become  a law  until 

referred  to  a committee  of  each 
house. 

75.  No  general  law  shall  be  enforced 

within  sixty  days  after  Its 
passage. 

7«5.  Voting  by  the  Legislature  shall 
bo  viva  voce. 

77.  The  Governor  shall  issue  writs  of 

elections  to  fill  vacancies. 

78.  In  regard  to  the  reduction  of  sal- 

aries of  public  ofncei’s. 

79.  Delinquent  tax  lands  to  be  sold. 

80.  Ijaws  shall  be  passed  to  prevent 

the  abuse  by  cities,  towns,  etc., 
of  their  powers  of  assessment 
and  taxation. 

81.  The  Legislature  shall  not  au- 

thorize the  permanent  obstruc- 
tion of  any  of  the  navigable 
waters  of  the  State.  i 

82.  In  regard  to  bonds  and  security.  ! 

83.  Laws  shall  be  enacted  to  secure 

the  safety  of  persons  from  fire 
in  hotels  and  other  public 
buildings. 

84.  Non-resident  aliens  not  to  hold 

land  in  the  State. 

85.  In  regard  to  public  roads  being 

worked  by  county  prisoners. 

86.  Care  of  the  insane. 

87.  No  special  or  local  laws  shall  be 

enacted  for  the  benefit  of  indi- 
viduals or  corporations. 

88.  General  laws  shall  be  passed 

under  which  local  and  private 
interests  shall  be  provided  for. 

89.  There  shall  be  appointed  in  each 

house  a standing  committee  on 
local  and  private  legislation. 

90.  Local  or  private  laws  shall  not 

be  passed  in  any  of  the  follow- 
ing cases. 

91.  County  laws  shall  be  uniform. 

92.  The  Legislature  shall  not  au- 

thorize payment  to  any  person 
of  the  salary  of  a deceased  of- 


Section 

ficer  beyond  the  date  of  his 
death. 

93.  It  shall  not  retire  any  officer  on 

part  pay. 

94.  No  laws  to  distinguish  between 

the  rights  of  men  and  women 
to  acquire  property. 

95.  State  lands  not  to  be  donated 

directly  or  indirectly  to  cor- 
porations cr  private  individuals. 

96.  Extra  compensation  not  to  be 

granted  to  any  officer,  agent, 
etc. 

97.  The  Legislature  shall  have  no 

power  to  revive  any  remedy 
which  may  have  become 
barred  by  lapse  of  time. 

98.  Lotteries  not  allowed. 

99.  The  Legislature  shall  elect  cer- 

tain officers. 

100.  Obligations  and  liabilities  of 

persons,  corporations,  etc., 
shall  not  be  released. 

101.  The  seat  of  government. 

102.  When  general  elections  shall  be 

held. 

103.  In  cases  not  provided  for  in  the 

Constitution  the  Legislature 
may  determine  the  mode  of 
filling  vacancies. 

i 104.  The  statutes  of  limitations  in 
civil  causes  shall  not  run 
against  the  State. 

105.  A census  to  be  taken  every  ten 

years. 

106.  State  librarian. — His  duties  and 

compensation.— Office  may  be 
filled  by  a woman. 

107.  In  regard  to  stationery,  print- 

ing, etc. 

108.  The  salary  of  the  officer  to 

cease  with  his  office. 

109.  No  legislator  or  public  officer 

may  be  interested  in  any  con- 
tract with  the  State. 

110.  Private  roads  to  be  provided  for. 

111.  In  regard  to  the  sale  of  lands 

in  pursuance  of  a decree  of 
the  court. 

112.  Taxation  shall  be  uniform  and 

equal  throughout  the  State. 

113.  The  statement  of  money  ex- 

pended during  a session  shall 
be  published  by  the  auditor. 


CXI  I 


INDEX. 


Section  ' ! 

114.  Returns  of  elections  to  be  made 

to  the  Secretary  of  State. 

115.  When  the  fiscal  year  shall  begin. 

ARTICLE  V. 

Krccutirc. 

116.  The  executive  power  of  the  State 

is  vested  in  the  Governor. 

117.  Qualifications  for  Governor. 

118.  His  salary.  ' 

119.  He  shall  be  commander-in-chief 

of  militia. 

120.  He  may  require  information 

from  the  officers  of  executive 
department. 

121.  He  may  on  extraordinary  occa- 

sions convene  the  Legislature. 

122.  The  Governor’s  message. 

123.  He  shall  see  that  the  laws  are 

faithfully  executed. 

124.  He  may  grant  reprieves  and 

pardons. 

125.  His  powers. 

126.  There  shall  be  a seal  kept  by 

the  State. 

127.  Commissions  in  the  name  of  the 

, State. 

128.  The  Lieutenant-Governor. 

129.  He  shall,  by  virtue  of  his  office, 

be  president  of  the  Senate,  and 
give  the  casting  vote. 

130.  His  compensation. 

131.  When  he  shall  discharge  the 

duties  of  Governor. 

132.  In  the  case  of  contested  elec- 

tions. j 

133.  The  Secretary  of  State. — Re-  j 

quirements,  term  of  office  and  j 
duties.  ! 

134.  Tho  State  Treasurer  and  Audi-  | 

tor. — Their  election,  qualifica-  i 
tions,  term  of  office.  ' 

135.  Sheriff,  coroner,  treasurer  and 

other  county  officers. — How 
elected  and  term  of  office. 

136.  They  shall  hold  their  office  dur-  | 

ing  the  term  for  which  they 
were  elected  unless  removed. 

137.  The  duties  of  the  State  Treasu- 

rer in  regard  to  public  money. 

138.  The  sheriff,  coroner,  etc.,  shall 

be  selected  in  a manner  pro- 
vided for  by  law  in  each 
county. 


] Section 

I 139.  Legislature  may  empower  the 
! Governor  to  remove  and  ap- 

! point  officers. 

140.  The  manner  of  choosing  the 

Governor. 

141.  In  case  of  tie,  how  settled. 

142.  Members  of  the  Legislature 

may  not  hold  any  other  office. 

143.  Election  of  other  State  officers 

shall  be  the  same  as  that  of 
Governor. 

- ARTICLE  VI. 

Judiciary. 

144.  The  judicial  power  of  the  State,^ 

how  vested. 

145.  The  Supreme  Court  shall  con- 

sist of  three  judges. — Two 
shall  form  a quorum. 

146.  The  jurisdiction  of  the  same. 

147.  In  regard  to  judgments  and  de- 

crees from  the  Chancery  and 
Circuit  Court. 

148.  There  shall  be  two  terms  each 

year. 

149.  Judges  shall  hold  office  nine 

years. 

150.  Eligibility  to  office. 

151.  Vacancies,  how  filled. 

152.  The  State  shall  be  divided  into 

Circuit  and  Chancery  dis- 
tricts. 

153.  Judges  of  Circuit  and  Chancery 

Courts  appointed  by  the  Gov- 
ernor. 

154.  To  be  eligible  to  such  judgeship. 

155.  Judges  to  take  the  following 

oath  or  affirmation. 

156.  The  Circuit  Court. — Its  jurisdic- 

tion. 

157.  Causes  that  may  be  brought  In 

the  Circuit  Court  whereof  the 
Chancery  Court  has  exclusive 
jurisdiction  shall  be  trans- 
ferred to  the  latter. 

158.  A Circuit  Court  to  be  held  In 

each  county  at  least  twice  In 
each  year. 

159.  The  jurisdiction  of  the  Chancery 

Court. 

160.  In  regard  to  additional  jurisdic- 

tion heretofore  exercised  In 
the  Chancery  Court. 


INDEX. 


cxm 


Section 

161.  The  Chancery  Court  shall  have 

jurisdiction  concurrent  with 
the  Circuit  Court. 

162.  Causes  that  may  be  brought  in 

the  Chancery  Court  whereof 
the  Circuit  Court  has  exclusive 
jurisdiction  shall  be  trans- 
ferred to  the  latter. 

163.  In  regard  to  the  transfer  of 

cases. 

164.  The  Chancery  Court  shall  be 

held  in  each  county  at 
least  twice  a year. 

165.  No  judge  shall  preside  in  any 

cause  wherein  he  is  interested. 

166.  Compensation  of  judges  of  the 

Supreme  and  Circuit  Court 
and  the  chancellors. 

167.  All  civil  officers  shall  be  con- 

servators of  the  peace. 

168.  Election  of  the  cl/erk  of  the  Su- 

preme Court  and  of  other 
courts. 

169.  The  style  of  process  shall  be. 

170.  Each  county  shall  be  divided 

into  five  districts  and  a board 
of  supervisors  shall  be  chosen. 

171.  Justices  of  the  Peace.— Their 

jurisdiction. 

172.  Inferior  courts  may  be  estab- 

lished by  the  Legislature. 

173.  The  Attorney-General.  — His 

term  of  office,  duties  and  com- 
I>ensation. 

174.  The  District  Attorney. — His 

term  of  office,  duties  and  com^ 
pensation. 

176.  All  public  officers,  for  neglect  of 
duty,  etc.,  may  be  removed 
from  office. 

176.  To  be  eligible  to  be  a member  of 

the  board  of  supervisors. 

177.  Vacancies  occurring  during  the 

recess  of  the  Senate  may  be 
filled  by  the  Governor. 

ARTICLE  VII. 

Coi'pomtions. 

178.  Corporations  shall  be  formed 

under  general  laws. 

179.  The  Legislature  shall  never  re- 

mit the  forfeiture  of  the  fran- 
chise of  any  corporation,  etc. 

8 


Section 

' 180.  All  existing  charters  under 
which  organization  has  not 
taken  place  at  the  adoption  of 
this  Constitution  or  within  one 
year  of  the  same  shall  be  void, 
i 181.  The  property  of  private  corpor- 
ations shall  be  taxed. 

I 182.  The  power  to  tax  the  same  shall 
j never  be  surrendered. 

I 183.  No  subdivision  of  the  State 
shall  become  a subscriber  to 
the  capital  stock  of  any  cor- 
poration. 

! 184.  Railroads  shall  be  public  high- 
j ways  and  railroad  companies 

I common  carriers. 

I 185.  The  rolling  stock  belonging  to 
I any  railroad  company  shall  bo 

I considered  personal  property, 

j 186.  Laws  shall  be  passed  to  pre- 
[ vent  abuses  and  extortion  by 

I public  companies^ 

i 187.  Railroads  must  establish  a de- 
pot. 

188.  Free  passes  to  State  officers  for- 

bidden. 

189.  All  charters  granted  to  private 

I corporations  to  be  recorded  in 

' the  Chancery  Clerk’s  office. 

i 190.  The  right  of  eminent  domain 
i shall  never  be  abridged, 

j 191.  Employes  of  corporations  shall 
[ be  protected. 

; 192.  The  encouragement  of  manu- 
! factures  and  other  public  en- 

' terprlses. 

193.  Employes  of  railroads  shall 
i have  the  same  right  and  rem- 

I edy  for  injury  as  allowed  to 

I other  persons  not  employes, 

i 194.  The  right  of  stockholders  to 
vote  in  company  elections. 

195.  Express, telegraph,  telephone  and 

sleeping  car  companies  are  de- 
clared common  carriers. 

196.  No  corporations  shall  Issue 

bonds  except  for  stock,  for 
money  or  labor  done. 

197.  In  regard  to  foreign  corpora- 

tions. 

198.  The  Legislature  shall  enact 

laws  to  prevent  trusts  and 
combinations. 


CXIV 


INDEX. 


Section 

199.  The  term  corporation  defined. 

200.  The  Legislature  shall  enforce 

the  provisions  of  this  article. 

ARTICLE  VIII. 

Education. 

101.  A uniform  system  of  free  public 
schools  to  be  maintained. 

202.  There  shall  be  a Superintendent 

of  Public  Education. 

203.  The  Board  of  Education  to  con- 

sist of  whom. 

204.  There  shall'  be  a superintendent 

of  public  education  in  each 
county. 

205.  A public  school  shall  be  main- 

tained in  each  school  district. 

208.  The  common  school  fund. — To 
consist  of  what. 

207.  Separate  schools  shall  be  main- 

tained for  the  children  of  the 
white* and  colored  races. 

208.  No  religious  sect  shall  ever  have 

control  of  school  or  educa- 
tional funds. 

209.  Institutions  for  the  deaf,  dumb 

and  blind  sliall  be  maintained. 

210.  No  public  officer  shall  be  inter- 

ested in  the  sale  of  text 
books,  etc. 

211.  In  regard  to  the  lands  of  the 

Choctaw  purchase. 

212.  In  regard  to  the  Chlokasaw 

school  fund. 

213.  In  regard  to  certain  agricultural 

and  mechanical  colleges  of 
this  State. 

ARTICLE  IX. 

Militia. 

214.  Militiai  may  be  composed  of 

whom. 

215.  It  shall  be  organized,  equipped 

and  disciplined. 

216.  All  except  non-commissioned  of- 

ficers shall  be  appointed  by  the 
Governor. 

217.  The  Governor  eliall  be  ccm- 

mander-in-chief. 

218.  Generals  to  be  nominated  and 

commissioned. 

219.  The  Adjutant-General  and  other 

staff  officers. 


Section 

220.  The  militia  shall  be  exempt 

from  arrest,  etc. 

221.  An  annual  appropriaton  to  be 

made  for  the  support  of  the 
Mississippi  National  Guard. 

222.  The  Board  of  Supervisors  of 

each  county  may  aid  in  sup- 
porting a military  company  of 
the  said  guard. 

ARTICLE  X. 

Penitentiary  and  Prisons. 

223.  No  penitentiary  convicts  shall 

ever  be  leased  or  hired. 

224.  Convicts  may  be  employed  on 

State  work. 

225.  They  may  be  placed  on  a State 

farm  and  work  thereon. 

226.  Convicts  sentenced  through  the 

county  jail  shall  not  be  hired 
or  leased,  etc. 

ARTICLE  XI. 

Leeees. 

227.  A levee  system  shall  be  main- 

tained in  the  State. 

228.  The  division  of  alluvial  lands 

made  by  the  State  is  hereby 
recognized. 

229.  There  shall  be  a Board  of  Levee 

Commissioners. 

230.  They  shall  be  qualified  voters. 

231.  The  Governor  shall  fill  vacan- 

cies for  the  same. 

232.  The  duties  of  said  commission- 

ers. 

233.  They  appropriate  private  prop- 

erty. 

234.  In  regard  to  the  changing  of 

boundaries  of  districts  or  af- 
fecting taxation. 

235.  Each  levee  board  at  the  end 

of  the  fiscal  year  shall  report 
to  the  Governoo*. 

236.  A uniform  tax  to  be  imposed 

for  levee  purposes. 

237.  The  Legislature  shall  have  full 

power  to  provide  for  a system 
of  taxation  for  levees  as  shall 
seem  necessary. 

238.  Property  which  may  not  h% 

taxed  for  such  purpose. 


INDEX. 


cxv 


Section 

239.  The  levee  boards  are  to  publish 

at  each  session  of  the  Legisla- 
ture an  itemized  account,  etc. 

ARTICLE  XII. 

Franchise. 

240.  All  elections  by  the  people  shall 

be  by  ballot. 

241.  To  be  eligible  for  a voter. 

242.  Legislature  shall  provide  by 

law  for  the  registration  of  all  | 
persons  intending  to  vote.  t 

243.  A uniform  poll  ta.x  of  two  dol-  i 

lars,  to  be  used  for  the  com- 
mon school. 

244.  Electors  must  be  able  to  read  in 

addition  to  the  other  require- 
ments. 

245.  Electors  in  municipal  eliections 

shall  possess  all  the  qualifica- 
tions herein  prescribed. 

246.  How  elections  are  to  be  regu- 

lated. 

247.  Laws  should  be  enacted  to  se- 

cure fairness  in  primary  elec- 
tions. 

248.  Illegal  or  improper  registration 

to  be  corrected  by  law. 

249.  No  one  shall  be  allowed  to  vote 

for  members  of  the  Legisla- 
ture, etc.,  who  is  not  duly  reg- 
istered. 

250.  Qualified  electors  alone  eligible  I 

to  office. 

251.  Electors  shall  not  be  registered 

within  four  months  next  be- 
fore el*ectIon. 

252.  Term  of  office  of  elective  officers  | 

under  this  Constitution. 

253.  The  right  of  suffrage  may  be  re- 

stored. 

ARTICLE  XIII. 

AiJ'portionment. 

254.  The  number  of  Representatives 

shall  be  one  hundred  and  thir- 
ty-three. 

252.  The  number  of  Senators  shall 
be  forty-five. 

256.  A new  apportionment  may  be 
made  after  each  census. 


ARTICLE  XIV. 

General  Provisions. 

Section 

257.  The  political  year  of  the  State 

shall  commence  on  the  first 
Monday  of  January  of  each 
year. 

258.  The  credit  of  the  State  shall  not 

be  pledged  or  loaned. 

259.  No  county  seat  shall  be  re- 

moved, unless,  etc. 

260.  In  regard  to  forming  new  coun- 

ties. 

261.  The  expenses  of  criminal  prose- 

cutions (except)  shall  be  borne 
by  the  county. 

262.  The  Board  of  Supervisors  shall 

provide  homes,  asylums,  etc. 

263.  The  marriage  of  a white  person 

with  a negro  or  mulatto  is  un- 
lawful. 

264.  Requirements  to  be  a grand  or 

petit  juror. 

265.  No  person  denying  the  existence 

of  God  shall  hold  office  in  this 
State. 

266.  Those  who  may  not  hold  office 

under  the  State. 

267.  All  officers  to  devote  their  time 

to  the  performance  of  their 
duties. 

268.  All  officers  to  take  the  follow- 

ing oath. 

269.  In  regard  to  bequests  of  land, 

etc.,  in  favor  of  religious  and 
other  associations. 

270.  Further  regulations  in  regard  to 

the  same. 

271.  The  Legislature  may  provide  for 

* the  consolidation  of  existing 
counties. 

272.  In  regard  to  pensions. 

ARTICJLE  XV. 

Amendments  to  the  Constitution. 

273.  In  regard  to  amending  the  Con- 

stitution. 

Schedule. 

274.  The  laws  of  this  State  now  in 

force  not  repugnant  to  this 
Constitution  shall  remain  In 
force. 


cxvi 


INDEX. 


Section 

276.  All  laws  of  this  State  which  are 
repugnant  to  the  following 
portions  of  this  Oonsititutlon 
shall  be  repealed. 

276.  All  laws  repugnant  to  the  pro- 

visions of  sections  240  to  253, 
inclusive,  shall  remain  in 
force  until  the  first  day  of 
January,  1891. 

277.  All  laws  repugnant  to  sections 

254  to  256,  inclusive,  shall  re- 
main in  force  until  the  first  of 
October,  1891. 

278.  The  Governor  shall  appoint 

three  commissioners  to  pre- 
pare and  draft  such  laws  as 
are  contemplated. 

279.  All  writs,  actions,  causes  for 

action,  etc.,  shall  continue. 

280.  For  the  trial  of  suits,  both  civil 

and  criminal,  begun  before  the 
adoption  of  this  Constitution, 


Section 

the  courts  of  this  State  shall 
continue  to  exercise  in  said 
suits  the  power  and  jurisdic- 
tion heretofore  exercised  by 
them. 

281.  All  fines,  penalties,  etc.,  shall 

remain  the  same. 

282.  Bonds,  obligations,  etc.,  exe- 

cuted before  the  Constitution 
was  adopted  shall  remain 
valid. 

283.  Climes  and  misdemeanors  shall 

be  punished  as  though  no 
change  had  taken  place. 

284.  All  officers  of  the  State  and  sub- 

divisions thereof  shall  be  en- 
titled to  hold  their  office  as 
now  held  by  them. 

285.  The  adoption  of  this  Constitu- 

tion shall  not  have  the  effect 
to  revive  or  put  in  force  any 
law  heretofore  repealed. 


MISSOURI. 


Article  1 

1.  Boundaries. 

2.  Bill  of  rights. 

3.  Distribution  of  powers. 

4.  Legislative  department. 

5.  Executive. 

6.  Judicial. 

7.  Impeachments. 

8.  Suffrage  and  elections. 

9.  Counties,  cities  and  towns. 

10.  Revenue  and  taxation. 

11.  Education. 

12.  Corporations. 

13.  Militia. 

14.  Miscellaneous  provisions. 

15.  Mode  of  amending  the  Constitu- 

tion. 

Schedule. 

PREAMBLE. 
Constitution  established. 

ARTICLE  I. 

Boundaries. 

Section 

1.  Boundaries  of  the  State — juris- 
diction. 


ARTICLE  II. 

Bill  of  Rights. 

Section 

1.  Origin  of  political  power. 

2.  Right  to  regulate  internal  af- 

fairs, and  to  abolish  existing 
form  of  government. 

3.  Missouri  a free  and  independ- 

ent State  — right  of  local  self- 
government. 

4.  The  , object  of  constitutional 

government. 

5.  Religious  liberty  and  freedom 

of  conscience  guaranteed. 

6.  Religious  worship. 

7.  No  aid  or  preference  given  to 

churches. 

8.  Religious  corporations  estab- 

lished under  a general  law, 
may  hold  certain  real  estate. 

9.  Elections  to  be  free  and  open. 

10.  Courts  shall  be  open  to  every 

person. 

11.  Security  from  searches  and 

seizures. 


INDEX. 


CXVll 


Section  ! 

12.  Criminal  prosecutions  to  be  by  ! 

indictment  or  information. 

13.  Treason  defined. — Corruption  of 

blood. 

14.  Freedom  of  speech  allowed  — | 

truth  of  publication  may  be  I 
g-iven  in  evidence.  i 

15.  Ex  post  facto  laws,  and  laws  [ 

making  irrevocable  grants  of  j 
special  privileges,  forbidden. 

16.  No  imprisonment  for  debt,  ex- 

cept, when. 

17.  Right  to  keep  and  bear  arms.  j 

18.  Officers  must  devote  their  time  j 

to  the  duties  of  their  offices.  i 

19.  Collectors  and  receivers,  not  ! 

eligible  to  office,  when.  i 

20.  Private  property  taken  for  pri-  i 

vate  use — for  public  use.  [ 

21.  Private  property  taken  for  pub-  j 

lie  use — compensation.  I 

22.  Criminal  prosecutions,  right  of  i 

accused.  I 

23.  No  self-crimination,  nor  twice 

in  jeopardy. 

24.  Bail  allowed,  when. 

25.  Excessive  ba,il  and  fines,  and 

cruel  punishments,  forbidden. 

26.  Writ  of  habeas  corpus  shall  not 

be  suspended. 

27.  Military  subject  to  civil  power. 

28.  Trial  by  jury  — grand  jury  to 

consist  of  twelve  men. 

29.  Right  of  petition  and  remon- 

strance guaranteed. 

30.  Due  process  of  law. 

31.  Slavery  and  involuntary  servi- 

tude fo*rbidden. 

32.  Reservation  of  rights. 

ARTICLE  III. 

The  Distribution  of  Powers. 

1.  Powers  divided  into  three  de- 
partments. 

ARTICLE  IV. 

Legislative  Department. 

1.  Vested  in  general  assembly. 

Representation  and  Apportionment. 

2.  Time  of  electing  representatives 

— ratio  of  apportionment. 


Section 

3.  Division  of  counties  into  repre- 

sentative districts. 

4.  Qualifications  of  representa- 

tives. 

5.  Thirty-four  senators  — senator- 

ial districts. 

6.  Qualifications  of  senators  — di- 

vision of  counties  into  sena- 
torial districts. 

7.  Rule  of  apportionment  for  sena- 

tors and  representatives  — to 
be  revised  and  adjusted  on 
the  basis  of  the  United  States 
census. 

8.  Number  of  representatives,  how 

distributed. 

9.  Districts  may  be  altered. 

10.  First  election  of  senators  and 

representatives. 

11.  The  present  senatorial  districts. 

12.  Senators  and  representatives 

cannot  hold  another  office  — 
certain  officers  not  eligible. 

13.  Removal  of  residence  vacates 

office. 

14.  Writs  of  election  to  fill  Va- 

cancies. 

15.  Oath  of  office,  refusal  to  take, 

penalty  for  violation  of. 

16.  Pay  of  members  and  expenses 

of  committees. 

17.  Organization  — punishment  of 

disorderly  members  and  other 
persons. 

18.  Quorum — compelling  attendance 

of  absent  members. 

19.  Doors  to  be  open. 

20.  Time  of  meeting. 

21.  Adjournment  for  more  than 

three  days. 

22.  Adjournment  for  three  days  or 

less. 

23.  Adjournment  without  consent 

or  to  another  place. 

Legislative  Proceedings. 

24.  Style  of  laws. 

25.  Laws  to  be  passed  by  bill  — 

amendments. 

26.  Bills,  where  to  originate  — 

amendments  to  be  read  on 
three  different  days. 

27.  Bills  to  be  reported  upon  and 

printed. 


INDEX. 


cxviii 

Section 

28.  Bills  to  contain  but  one  subject. 

29.  Amendments  'to  be  engrossed 

and  printed. 

30.  Proceedings  when  bills  are  re- 

turned amended. 

31.  Final  vote  on  bill. 

32.  Vote  on  amendments  and  re- 

ports of  committees. 

33.  Reviving  and  re-enacting  laws. 

34.  Amendments  by  striking  out 

and  inserting  words. 

35.  Motion  to  reconsider. 

36.  When  laws  shall  take  effect. 

37.  Bills  to  be  signed  by  presiding 

officers,  objections  to  be  dis- 
posed of. 

38.  Bills  presented  to  governor  for 

approval. 

39.  Proceedings  when  a bill  is  re- 

turned without  approval. 

40.  Failure  of  governor  to  perform 

duty,  bill  to  be  enrolled  as  an 
authentic  act. 

41.  Revising  the  laws. 

42.  Each  house  shall  publish  a 

journal  — yeas  and  nays  de- 
manded, noting  names  of  ab- 
sentees. 

Limitation  on  Legislative  Power. 

43.  Revenue  to  be  paid  into  treas- 

ury — order  of  appropriations. 

44.  Power  of  the  legislature  to  cre- 

ate debts  and  liabilities  lim- 
ited. 

45.  State’s  credit  cannot  be 

pledged. 

46.  Grants  of  public  money  pro- 

hibited, except  in  case  of  pub- 
lic calamity. 

47.  Municipalities  cannot  lend  their 

credit  nor  become  stockhold- 
ers. 

48.  Extra  allowance  to  officers  and 

payment  of  unauthorized  con- 
tracts prohibited. 

49.  Subscriptions  by  the  State  pro- 

hibited. 

50.  State  lien  on  railroads  not  to 

be  released. 

61.  Corporation  indebtedness  shall 

not  be  released. 

62.  Payment  of  the  war  debt. 


Section 

53.  Special  legislation  prohibited  — 

special  acts  may  be  repealed. 

54.  Notice  of  application  for  the 

enactment  of  local  laws. 

55.  Business  of  extra  sessions. 

56.  Seat  of  government  to  remain 

at  Jefferson  City. 

ARTICLE  V. 

Executive  Department. 

1.  Executive  officers,  place  of  resi- 

dence and  duties. 

2.  Terms  of  office — when  elected — 

certain  officers  ineligible  as 
their  own  successors. 

3.  Returns  of  elections  for  execu- 

tive officers  — tie,  hbw  deter- 
mined. 

4.  The  supreme  executive  power. 

5.  Qualifications  of  governor. 

6.  Duties  of  governor,  generally. 

7.  Governor  may  call  out  militia 

and  command  them. 

8.  Pardoning  power. 

9.  Governor  shall  give  information 

to  general  assembly — may  call 
extra  sessions. 

10.  Governor’s  message — to  account 

for  moneys  and  furnish  esti- 
mates of  expenses. 

11.  Vacancies  in  office,  how  filled. 

12.  Bills  presented  to  governor  for 

approval. 

13.  Governor  may  object  to  a por- 

tion of  a bill. 

14.  Resolutions  to  be  approved  — 

effect  of  resolutions. 

15.  Qualifications  and  duties  of 

lieutenant-goveirnor. 

16.  Lieutenant-governor  to  act  as 

governor,  when. 

17.  President  of  the  senate  — other 

persons  to  act  as  governor. 

18.  Pay  of  lieutenant-governor. 

19.  Qualifications  of  executive  offi- 

cers. 

20.  Seal  of  the  State  to  be  kept  by 

secretary  of  state. 

21.  Duties  of  secretary  of  state. 

22.  Accounts  and  reports  of  execu- 

tive officers,  penalty  for  false 
report. 

23.  Commissions  of  officers. 


INDEX. 


CXIX 


Section 

24.  Pay  of  executive  officers  — fees 

to  be  paid  into  State  treasury. 

25.  Contested  elections  of  executive 

officers. 

ARTICLE  VI. 

Judicial  Department. 

1.  Judicial  power,  where  vested. 

2.  Jurisdiction  of  supreme  court. 

3.  Superintending  control  of  (su- 

preme court  — power  to  issue 
writs. 

4.  Term  of  office  of  judges  — chief 

justice. 

5.  Quorum,  number  of  judges, 

their  duties. 

6.  Qualifications  of  judges  supreme 

court. 

7.  Full  term  of  judges  to  com- 

mence, when. 

8.  Term  of  present  judges,  elec- 

tions to  fill  their  places. 

9.  Time  and  place  of  holding  su- 

preme court. 

10.  Accommodations  for  supreme 

court. 

11.  Judges  divided  in  opinion. 

12.  St.  Louis  court  of  appeals,  juris- 

diction of — appeals  to  supreme 
court.  1 

13.  Judges  of  court  of  appeals,  j 

their  number,  election,  quali-  | 
fications  and  pay.  , 

14.  Duties  of  judges  — quorum—  j 

terms  of  court.  1 

15.  Opinions  and  practice  in  court  i 

of  appeals.  j 

16.  Election  of  judges  — terms  of  i 

office  — presiding  judge. 

17.  Appointment  of  judges  by  the 

governor. 

18.  Clerk  of  court  of  appeals. 

19.  Cases  in  supreme  court  to  be 

certified  to  court  of  appeals.  I 

20.  Cases  triable  within  what  time.  | 

21.  Records  of  supreme  court  at  ' 

St.  Louis  and  St.  Joseph. 

22.  Jurisdiction  and  terms  of  cir- 

cuit court. 

23.  Superintending  control  of  cir-  i 

cuit  courts. 

24.  Judicial  circuits — may  be  chang- 

ed, etc. — one  judge  to  each. 


Section 

25.  Election,  terms  'of  office  and 

duties  of  circuit  judges. 

26.  Qualifications  of  circuit  judges. 

27.  Circuit  court  of  St.  Louis 

county — appellate  jurisdiction 
of  court  of  appeals. 

28.  Provisions  for  additional  judges. 

29.  When  judge  of  neighboring  cir- 

cuit may  preside. 

30.  Election  of  judges  — ties  and 

contested  elections. 

31.  Criminal  courts. 

32.  Vacancy  in  office  of  judge. 

33.  Salaries  of  judges,  not  to  be  in- 

creased or  diminished. 

34.  Probate  courts,  jurisdiction  of. 

35.  Jurisdiction — practice — clerks  of 

probate  courts. 

36.  County  courts,  jurisdiction  and 

judges  of. 

37.  Justices  of  the  peace. 

38.  Writs  and  prosecutions  in  name 

of  State  — conclusion  of  in- 
dictments. 

39.  Clerks  of  courts. 

40.  Election  of  clerks,  ties  and  con- 

tests. 

41.  Removal  of  judges  for  disa- 

bility. 

42.  Provision  as  to  existing  courts. 

43.  Publication  of  judicial  decis- 

ions. 

44.  May  be  published  by  any  per- 

son. 

ARTICLE  VII. 
Impeachments. 

1.  Who  liable,  and  for  what 

causes. 

2.  Trial  of  impeachihents,  punish- 

ment. 

ARTICLE  VIII. 

Suffrage  and  Elections. 

J . Time  of  holding  elections. 

2.  Qualifications  of  voters. 

3.  Mode  of  conducting  elections. 

4.  Voters  privileged  from  arrest. 

5.  Registration  of  voters. 

6.  Elections  by  persons  in  repre- 

sentative capacity. 


cxx 


INDEX. 


Section. 

7.  Gaining  or  losing  residence. 

8.  Paupers  and  criminals  disquali- 

fied. 

9.  Contested  elections  generally. 

10.  Persons  convicted  of  crime. 

11.  United  States  soldiers  not  to 

vote. 

12.  Aliens,  etc.,  cannot  hoid  office. 

ARTICLE  IX. 

Counties^  Cities  and  Towns, 

1.  Existing  counties  recognized. 

2.  Removal  of  county  seats. 

3.  New  counties — counties  cannot 

be  reduced  below  the  ratio  of 
representation. 

4.  Portion  of  county  stricken  off 

and  added  to  another. 

6.  Liability  of  new  counties. 

6.  Becoming  stockholders,  etc., 

prohibited  — provision  as  to 
existing  subscriptions. 

7.  Organization  and  classification 

of  cities  and  towns. 

8.  Township  organization — justices 

of  county  court. 

9.  Abandoning  township  organiza- 

tion. 

10.  Sheriffs  and  coroners. 

11.  Vacancy  in  office  of  sheriff  and 

coroner. 

12.  Fees  of  county  officers. 

13.  Fees  of  officers  generally  — 

quarterly  returns. 

14.  Provisions  for  extra  officials. 

15.  Consolidation  of  city  and 

county  governments. 

16.  Charters  of  large  cities,  how 

framed  and  adopted. 

17.  Certain  features  of  such  char- 

ters. 

18.  No  person  can  hold  two  offices, 

when. 

19.  Excess  of  municipal  indebted- 

ness, how  paid. 

St.  Louis. 

20.  May  extend  her  limits  and 

adopt  a charter. 

21.  Authentication  of  charter,  ju- 

dicial notice  of. 

22.  Amendment  of  charter. 

23.  Certain  special  provisions. 


Section 

24.  Courts  of  St.  Louis  county 

Eighth  judicial  circuit. 

25.  St.  'Louis  remains  subject  to 

general  law. 

ARTICLE  X. 

Revenue  and  Taxation. 

1.  The  taxing  power. 

2.  Power  to  tax  corporations. 

3.  Taxes  to  be  collected  for  pub- 

lic purposes  and  to  be  uni- 
form. 

4.  Property  to  be  taxed  in  propor- 

tion to  value. 

5.  Taxing  railroads. 

6.  Exemptions. 

7.  Other  exemptions  void. 

8.  Rate  for  State  purposes. 

9.  Municipalities  liable  for  State 

taxes. 

10.  Taxes  for  municipal  purposes. 

11.  Rate  and  valuation  for  munici- 

pal purposes. 

12.  Limitation  on  municipal  in- 

debtedness. 

13.  Private  property  cannot  be  sold 

for  municipal  debts. 

14.  Ordinance  of  1865  — payment  of 

bonded  debt. 

15.  State  funds  to  be  deposited  in 

bank. 

16.  Treasurer’s  accounts,  quarterly 

statements. 

17.  Speculation  in  public  funds  pro- 

hibited. 

18.  State  board  of  equalization. 

19.  Appropriations  generally — state- 

ment of  receipts  and  expendi- 
tures. 

20.  Moneys  arising  from  loans,  how 

applied. 

21.  Dues  from  corporations  on  their 

capital  stock. 

I ARTICLE  XI. 

j Education. 

I 1.  Free  schools  for  persons  be- 
! tween  ages  of  six  and  twenty 

years. 

2.  Custody  of  school  fund  — cer- 

tain districts  not  entitled  to 
any  portion  of  funds. 

3.  Schools  for  colored  children. 


INDEX 


CXXl 


Section 

4.  BoEMrd  of  education. 

5.  State  university. 

6.  Public  school  fund. 


7.  Deficiency 
fund. 

in 

public 

school 

8.  County  school  fund. 

9.  Investment 
fund. 

of 

public 

school 

10.  Investment 
fund. 

of 

county 

school 

11.  Funds  shall  not  be  used  for 
religious  or  sectarian  pur- 
poses. 

ARTICLE  XII. 
Corporations. 

1.  Existing  unorganized  corpora- 

tions. 

2.  To  be  created,  etc.,  by  general 

laws. 

3.  Forfeited  charters. 

4.  Right  of  eminent  domain  — jury 

t»rials. 

5.  Subject  to  police  power  of  the 

State. 

€.  Election  of  directors. 

7.  Not  to  engage  in  other  busi- 

ness — holding  real  estate. 

8.  Increase  of  stock  and  indebted- 

ness. 

9.  Individual  liability  of  stock- 

holders. 

10.  Preferred  stock. 

11.  “Corporation”  defined. 

Railroads. 

12.  Discrimination  prohibited — com- 

mutation tickets. 

13.  Construction,  connecting  with 

other  roads — to  receive  freight 
from  other  roads. 

14.  Are  public  highways  — laws  to 

prevent  discrimination. 

15.  To  keep  a public  office  and 

books  — meetings  and  reports 
of  directors. 

16.  Property  liable  to  execution. 

17.  Parallel  lines  should  not  con- 

solidate nor  be  managed 
jointly. 

18.  Consolidation  with  foreign  com- 

panies. 


I Section 

! 19.  Laws  in  favor  of,  and  imposing 
I a new  liability  on  the  people, 

i 20.  Street  railroads. 

^ 21.  Benefit  of  future  legislation. 

22.  Officers  not  to  be  interested  in 
business  of  company. 

1 23.  Discrimination  between  com- 
' panies  and  individuals. 

I 24.  Granting  free  passes  to  public 
' officers  prohibited. 

Banks. 

I 25.  No  State  bank  shall  be  created 
j — State  shall  not  own  stock  in 

' banks. 

' 26.  Laws  creating  banks  to  be  sub- 
mitted to  the  people. 

27.  Receiving  deposits  after  bank 
is  insolvent. 

ARTICLE  XIII. 

Militia. 

1.  Persons  liable  to  military  duty. 

2.  Organization  of  militia. 

3.  Election  of  officers. 

4.  Volunteer  companies. 

5.  Militia  privileged  from  arrest. 

6.  Appointment  of  officers  by  the 

governor. 

7.  Public  arms  and  military  rec- 

ords. 

ARTICLE  XIV. 
Miscellaneous  Provisions. 

1.  Public  lands  — lands  of  the 

United  States  exempt  from 
taxation  — taxing  non-resi- 
dents. 

2.  Prosecutions  for  acts  done  un- 

der military  authority  for- 
bidden. 

3.  Dueling  — the  offender  cannot 

hoid  office. 

4.  Officers  of  the  United  States 

not' eligible  to  State  office. 

5.  Present  officers  to  remain  in 

office. 

6.  Oath  of  office  generally. 

7.  Removal  for  misdemeanor  in 

office. 

8.  Pees  not  to  be  increased  nor 

term  of  office  extended. 


cxxii 


INDEX. 


Section 

9.  Appointment  of  officers. 

10.  Lotteries  prohibited. 

11.  Investigation  by  grand  jury. 

12.  Legislators  privileged  from  ar- 

rest — freedom  of  debate. 

ARTICLE  XV. 

Mode  of  Amending  the  Constitution. 

1.  Constitution  may  be  amended. 

2.  Amendments  proposed  and  sub- 

mitted to  the  people. 

3.  Convention  may  be  called. 

SCHEDULE. 

1.  Provision  as  to  existing  laws, 

rights  and  actions. 

2.  Provisions  as  to  existing  obli- 

gations, prosecutions,  etc. 

3.  Existing  county  and  probate 

courts. 

4.  Criminal  courts. 


Section 

5.  Courts  of  common  pleas. 

6.  Existing  officers  to  continue. 

7.  Appeals  returnable  to  Jefferson 

City. 

8.  Provision  for  payment  of  bond- 

ed debt. 

9.  Constitution  to  be  submitted  to 

a vote  of  the  people. 

10.  Clerks  to  furnish  poll-books  and 

ballots. 

11.  Form  of  ballots. 

12.  Returns  of  election — proclama- 

tion by  governor. 

13.  Result  of  election — constitution 

to  take  effect,  when. 

14.  Schedule  to  take  effect  imme- 

diately, 

15.  Laws  to  enforce  constitution. 

16.  Provision  as  to  existing  execu- 

tive officers. 

17.  Preliminary  examinations  and 

arrests. 


MONTANA. 


Article. 

1.  Boundaries. 

2.  Military  reservations. 

3.  Declaration  of  rights 

4.  Distribution  of  powers. 

6.  Legislative  department. 

6.  Apportionment  and  representa- 

tion. 

7.  Executive  department. 

8.  Judicial  department. 

9.  Rights  of  suffrage  and  qualifi- 

cations to  hold  office. 

10.  State  institutions  and  public 

buildings. 

11.  Education. 

12.  Revenue  and  taxation. 

13.  Public  indebtedness. 

14.  Military  affairs. 

16.  Corporations  other  than  muni- 
cipal. 

16.  Municipal  corporations  and  offi- 

cers. 

17.  Public  lands. 

18.  Labor. 

19.  Miscellaneous  subjects  and  fu- 

ture amendments. 

20.  Schedule. 


ARTICLE  I. 

Boundaries. 

Section 

1.  The  boundaries  of  the  State. 

ARTICLE  II. 

Military  Preserva  lion . 

1.  United  States  has  authority  over 

certain  military  reservations. 

ARTICLE  III. 

Deciara  tio  n of  R igh  is. 

1.  All  political  power  is  vested  in 

the  people. 

2.  People  have  the  sole  and  exclu- 

sive right  of  governing  them- 
selves. 

3.  All  persons  are  born  equally 

free  and  have  certain  inalien- 
able rights. 

4.  Freedom  of  religious  thought 

and  worship. 

5.  All  elections  to  be  free. 

6.  All  courts  of  justice  thall  be 

open  to  every  person;  right 


mDEX. 


cxxm 


Section 

and  justice  shall  be  adn.-inis- 
tered  without  sale  or  delay. 

7.  Unreasonable  searches  and 

seizures  prohibited. 

8.  All  criminal  actions  in  the  Dis- 

trict Court,  except  those  on 
appeal,  shall  be  prosecuted  by 
information  after  examination 
and  commitment  by  a magis- 
trate. 

9.  Treason  against  the  State  de- 

fined. 

10.  Freedom  of  speech.  In  suits  for 

libel  truth  may  be  given  in  evi- 
dence. 

11.  No  expost  lacto  law  or  law  im- 

pairing the  obligation  of  con- 
tracts shall  be  passed. 

12.  No  persons  shall  be  imprisoned 

for  debt. 

13.  The  right  to  bear  arms. 

14.  Private  property  taken  for  pub- 

lic use  shall  have  just  compen- 
sation. 

15.  In  regard  to  the  use  of  water. 
36.  In  all  criminal  prosecutions  the 

accused  shall  have  the  right 
to  defend  in  person  and  by 
council. 

17.  Witnesses  not  to  be  unneces- 

sarily detained. 

18.  No  persons  put  in  jeopardy 

twice  for  the  same  offense. 

19.  All  persons  shall  be  bailable, 

except  for  capital  offenses. 

20.  Excessive  bail  or  excessive  fines 

shall  not  be  required  nor  cruel 
punishments  inflicted. 

21.  The  writ  of  habeas  corpus. 

22.  The  military  subordinate  to  the 

civil  power. 

23.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

24.  Laws  for  the  punishment  of 

crime  founded  on  principles 
of  reformation  and  preven- 
tion. 

26.  Resident  aliens  shall  have  the 
same  right  as  citizens  to  ac- 
quire and  purchase  property, 
etc. 


Section 

26.  The  people  have  the  right  to 

assemble  peaceably  for  the 
common  good. 

27.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

28.  Slavery  or  involuntary  servi- 

tude prohibited,  except  as 
punishment  for  crime. 

29.  The  provisions  of  this  Consti- 

tution are  mandatory  and 
prohibitory. 

30.  The  enumeration  of  rights  in 

this  Constitution  shall  not 
impair  other  rights  held  by 
the  people. 

31.  No  armed  body  of  men  shall  be 

brought  into  this  State  for  the 
suppression  of  domestic  vio- 
lence, except. 

ARTICLE  IV. 

■ Distribution  of  Poicer. 

1.  Shall  be  vested  in  the  Legisla- 
tive, executive  and  judicial. 

ARTICLE  V. 

Legislative  Depa  rimen  t. 

1.  Vested  in  the  Senate  and  House 

of  Representatives. 

2.  Senators  elected  for  four  years. 

Representatives  for  two  years. 

3.  To  be  eligible  for  a member  of 

the  Legislature. 

4.  To  consist  of  sixteen  Senators 

and  fifty-five  Representatives. 
— The  State  shall  be  divided 
into  Senatorial  and  Represen- 
tative districts. 

5.  Compensation  of  members  of 

the  Legislative  Assembly. — 
Sessions  shall  not  exceed 
sixty  days. 

6.  The  time  for  beginning  the  ses- 

sions. 

7.  No  Senator  or  Representative 

shall  be  appointed  to  any  civil 
office. 

8.  No  member  shall  have  an  in- 

crease of  salary  or  mileagre 
during  his  term. 


€XX1V 


INDEX. 


Section 

9.  President  of  the  Senate  and 
Speaker  of  the  House  to  be 
elected. — Bach  house  shall  be 
judge  of  the  elections  and 
qualifications  of  its  members. 

10.  Majority  of  each  house  shall 

constitute  a quorum. 

11.  The  powers  of  each  house. 

12.  Each  house  shall  keep  a journal 

of  its  proceedings. 

13.  The  sessions  of  each  house  shall 

be  open,  unless. 

14.  They  may  not  adjourn  for  more 

than  three  days. 

15.  To  be  privileged  from  arrest. — 

Whan. 

16.  The  sole  power  of  impeachment 

shall  vest  in  the  House  of 
Representatives. 

17.  Certain  State  officers  liable  to 

impeachment. 

18.  All  officers  not  liable  to  im- 

peachment shall  be  removed. 

19.  No  law  shall  be  passed  except 

by  bill. 

20.  The  enacting  clause  of  every 

law. 

21.  No  bill  for  the  appropriation  of 

money,  except  the  expenses 
of  the  government,  shall  be 
introduced  within  ten  days  of  | 
the  closing  of  the  session,  ex- 
cept. 

22.  No  bills  shall  be  considered  or  I 

become  a law  unless  referred  ! 
to  a committee,  returned  there- 
from and  printed  for  the  use  i 
of  the  members.  j 

23.  No  bill  to  contain  more  than  [ 

one  subject.  j 

24.  No  bill  shall  become  a law  ex-  j 

cept  by  a vote  of  the  majority  j 
of  each  house. 

25.  No  law  shall  be  revised  or 

amended,  etc.,  or  the  provi- 
sions thereof  extended  by 
reference  to  its  title  only. 

26.  The  Legislative  Assembly  shall 

not  pass  local  or  special  laws, 
as  in  the  following  enumer- 
ated cases. 

27.  The  presiding  officer  of  each  I 


i Section 

house  shall  sign  bills  and  joint 
resolutions. 

28.  The  number,  duties  and  com- 

pensation of  the  officers  and 
employes  of  each  house  shall 
be  prescribed  by  law. 

29.  In  regard  to  extra  compensa- 

tion to  public  officers,  ser- 
vants, employes,  etc. 

30.  In  regard  to  stationery,  print- 

ing, etc. 

31.  Except  as  otherwise  provided 

in  this  Constitution,  no  laws 
shall  extend  the  term  of  any 
public  officer  or  increase  or 
diminish  his  salary. 

32.  All  bills  for  raising  revenue 

shall  originate  in  the  House 
of  Representatives. 

33.  The  general  appropriation  bills 

shall  embrace  nothing  but  ap- 
propriations. 

34.  No  money  shall  be  paid  out  of 

the  treasury  except  an  appro- 
priation made  by  law. 

35.  No  appropriations  for  educa- 

tional or  charitable  purposes 
unless  under  absolute  control 
of  the  State. 

36.  No  private  corporation  or  asso- 

ciation shall  have  the  power 
to  interfere  with  any  muni- 
cipal Improvement,  etc. 

37.  In  regard  to  the  Investment  of 

trust  funds. 

38.  The  State  may  not  contract  any 

debt  in  the  construction  of 
any  railroad. 

39.  In  regard  to  the  liability  or  ob- 

ligation of  any  person,  asso- 
ciation or  corporation  held  or 
owned  in  the  State. 

40.  All  orders,  resolutions  or  votes 

shall  be  presented  to  the  Gov- 
ernor before  it  shall  take  ef- 
fect. 

41.  In  regard  to  any  member  of  the 

Legislative  Assembly  promis- 
ing to  give  his  influence  or 
vote  for  or  against  a measure. 

42.  In  regard  to  bribing  State  of- 
ficers. 


INDEX. 


cxxv 


Section 

43.  Corrupt  solicitation. 

44.  A member  who  has  a personal 

or  private  interest  in  any 
measure  or  bill  shall  not  vote 
thereon. 

45.  When  a vacancy  occurs  In 

either  house  the  Governor 
shall  issue  writs  of  election  to 
fill  the  same. 

ARTICLE  VI. 

Aj)portion7nent  and  Representation. 

1.  One  Representative-at-large  to 

be  elected  to  Congress. 

2.  A census  shall  be  taken  in  1896, 

and  every  tenth  year  there- 
after.— The  apportionment  for 
Representatives  shall  be  re- 
vised after  each  census. 

3.  Representative  districts  may  be 

altered  from  time  to  time. 

4.  When  new  counties  are  created, 

they  shall  be  entitled  to  one 
Senator. 

5.  The  Senatorial  districts  of  the 

State  are  as  follows. 

6.  The  present  apportionment  of 

Representatives. 

ARTICLE  VII. 

Executive  Department. 

1.  To  consist  of  whom. 

2.  Their  election. — In  case  of  tie 

how  decided. 

3.  To  be  eligible  to  the  offlcce 

of  Governor,  Lieutenant-Gov- 
ernor, or  Superintendent  of 
Public  Instruction,  etc. 

4.  Compensation  for  the  same. 

6.  The  supreme  executive  power 
vested  in  Governor,  who  shall 
see  that  the  laws  are  faith- 
fully executed. 

6.  The  Governor  shall  be  com- 

mander-in-chief of  the  mili- 
tary forces  of  the  State. 

7.  The  Governor  to  nominate  and, 

with  the  consent  of  the  Sen- 
ate, to  appoint  all  officers,  etc. 

8.  A State  Examiner. — His  duties, 

compensation. 

9.  The  Governor  shall  have  power 


Section 

to  grant  pardons,  reprieves, 
etc. 

10.  The  Governor  may  require  in- 

formation from  the  officers  of 
the  executive  department,  etc. 

11.  He  may,  on  extraordinary  occa- 

sions, convene  the  Legisla- 
ture. 

12.  Every  bill  passed  by  the  Legis- 

lature, before  it  shall  become 
a law,  shall  be  signed  by  the 
Governor. 

13.  The  Governor  shall  have  the 

power  to  disapprove  of  any 
item. 

14.  When  the  Lieutenant-Governor 

has  to  fill  the  office  of  Gov- 
ernor, 

15.  Lieutenant-Governor  shall  be 

President  of  the  Senate. 

16.  When  the  President  of  the  Sen- 

ate pro  tempore  is  to  act  as 
Governor. 

17.  Seal  of  State,  shall  be  kept  by 

the  Secretary  of  State. 

18.  All  grants  and-  commissions 

shall  be  in  the  name  and  by 
the  authority  of  the  State. 

19.  All  moneys  received  and  dis- 

bursed by  State  officers  shall 
be  accounted  for. 

20.  Board  of  State  Prison  Commis- 

sioners.— To  consist  of  whom. 

ARTICLE  VIII. 

Judicial  Departments. 

1.  The  judicial  power  of  the  State 

shall  be  vested  in  the  Senate. 

2.  A Supreme  Court,  except  as 

otherwise  provided,  shall  have 
appellate  jurisdiction  only. 

3.  It  shall  extend  to  all  cases  at 

law  and  in  equity. — Its  powers. 

4.  At  least  three  terms  in  the 

Supreme  Court  shall  be  held 
each  year  at  the  seat  of  gov- 
ernment. 

5.  The  Supreme  Court  shall  con- 

sist of  three  justices. 

6.  How  they  shall  be  elected. 

7.  Their  terms  of  ofllce. 


CXXVl 


INDEX. 


Section 

8.  Particulars  in  regard  to  elec- 

tion of  judges  of  the  Supreme 
Court. 

9.  Clerk  of  the  Supreme  Court, 

his  term  of  office  and  election. 

10.  To  be  eligible  to  the  office  of 

justice  of  the  Supreme  Court. 

11.  The  District  Court  shall  have 

original  jurisdiction,  etc. 

12.  The  State  shall  be  divided  into 

judicial  districts,  in  each  of 
which  there  shall  be  elected 
one  judge  of  the  District 
Court. 

13.  Until  otherwise  provided  by- 

law, the  judicial  districts  of 
the  State  shall  be  as  follows. 

14.  The  Legislative  Assembly  may 

increase  or  decrease  the  num-  | 
ber  of  judges  in  any  judicial  | 
district. 

15.  Writs  of  error  and  appeal  from  I 

the  District  Courts  to  the  i 
Supreme  Court.  ’ 

16.  To  be  eligible  to  the  office  of 

judge  of  District  Court. 

17.  District  Court  shall  always  be 

open  except  on  legal  holidays 
and  non-judicial  days. 

18.  There  shall  be  a clerk  of  the 

District  Court  in  each  county. 

19.  Each  ccunty  to  have  a county 

attorney,  his  qualifications, 
etc. 

20.  Justices  of  the  peace,  their  elec- 

tion and  term  of  office. 

21.  Their  jurisdiction. 

22.  Justice  Courts  shall  always  be 

open  except  on  legal  holidays 
and  non-judicial  days. 

23.  Appeals  shall  be  allowed  from 

Justice  Courts  in  all  cases. 

24.  The  Legislative  Assembly  shall 

have  power  to  create  such 
Police  and  Municipal  Cc'urts 
as  may  be  deemed  necessary. 

25.  The  Supreme  and  District 

Courts  shall  be  Courts  of 
Record. 

26.  All  laws  relating  to  courts  shall 

be  general  and  of  uniform 
operation. 


I Section 

27.  The  style  of  process  shall  be. 

28.  There  shall  be  but  one  form  of 

civil  action. 

29.  The  pay  of  justices  of  the  Su- 

preme Court  and  judges  of  the 
District  Court. 

30.  No  justice  of  the  Supreme  Court 

or  judge  of  the  District  Court 
shall  receive  any  perquisites, 
etc.,  except  the  salary  pro- 
vided by  law. 

31.  No  justice  or  clerk  of  the  Su- 

preme Court,  nor  judge  or 
clerk  of  any  District  Court 
shall  practice  law. 

32.  Opinions  and  decisions  of  the 

Supreme  Court  may  be  pub- 
lished. 

33.  All  officers  provided  for  in  this 

article  shall  reside,  during  the 
term  of  their  office,  in  the  dis- 
trict, etc.,  from  which  they 
were  elected  or  appointed. 

34.  Vacancies  in  Supreme  and  Dis- 

trict Courts  to  be  filled  by  ap- 
pointment of  the  Governor. 

35.  Judges  of  the  Supreme  and  Dis- 

trict Courts  shall  hold  no 
other  public  office. 

36.  A civil  action  in  a District  Court 

may  be  tried  by  a judge  pro 
tempore,  etc. 

37.  Any  judicial  officer  who  shall 

absent  himself  from  the  State 
for  more  than  sixty  consecu- 
tive days  shall  be  deemed  to 
have  forfeited  his  office. 

ARTICLE  IX. 

Rights  of  Suffrage  and  Qualifications  to 
Hold  Office. 

1.  All  elections  by  the  people  shall 
be  by  ballot. 

i 2.  Qualifications  required  to  vote, 
i 3.  For  the  purpose  of  voting  no 
I person  shall  be  deemed  to 

I have  gained  or  lost  a resi- 

! dence  by  reason  of  his  pres- 

ence or  absence  while  em- 
ployed in  the  service  of  the 
1 State  or  the  United  States. 


INDEX 


CXXVll 


Section 

4.  Electors  privileged  from  arrest. 

5.  No  elector  obliged  to  perform 

military  duty,  etc. 

6.  No  soldier,  or  seaman  or  marine 

in  the  army  or  navy  of  the 
United  States  shall  be  deemed 
a resident,  etc. 

7.  No  person  shall  be  elected  or 

appointed  to  any  office  in  this 
State  who  is  not  a citizen  of 
the  United  States,  etc. 

8.  Those  who  may  not  vote. 

9.  Legislature  shall  have  the 

power  to  secure  purity  of  elec- 
tions. 

10.  Women  may  hold  office  and 

vote  in  school  districts. 

11.  Those  qualified  to  vote  shall  be 

eligible  to  any  office  in  the 
State,  except  as  otherwise  pro- 
vided. 

12.  Questions  submitted  to  the  vote 

of  the  taxpayers  of  the  State 
or  any  political  division  there- 
of, women  who  are  taxpayers, 
etc.,  shall  have  the  right  to 
vote. 

13.  A person  receiving  the  highest 

number  of  legal  votes  shall  be 
declared  elected. 

ARTICLE  X. 

State  Institutions,  Public  B^iildings. 

1.  They  shall  be  supported  by  the  j 

State,  as  prescribed  by  law.  j 

2.  The  location  of  the  seat  of  gov-  | 

ernment.  1 

3.  When  the  seat  of  government 

shall  have  been  located  it  shall  j 
not  be  changed  except  by  a 
two-thirds  vote  of  all  the  i 
electors  of  the  State. 

4.  In  rega’^d  to  appropriations  for 

capitol  buildings,  etc.  | 

6.  The  counties  shall  provide  for  I 
those  in  need  of  aid.  | 

ARTICLE  XI.  I 

Education.  j 

1.  A uniform  system  of  free  pub- 
lic schools.  1 


Section 

2.  Public  school  fund  of  the  State 

and  school  lands. 

3.  Such  public  school  funds  shall 

forever  remain  inviolate. 

4.  State  Board  of  Land  Commis- 

sioners, to  consist  of  whom. 

5.  The  interest  on  invested  school 

funds,  etc.,  shall  be  appor- 
tioned to  the  several  school 
districts  of  the  State. 

6.  Additional  money  to  be  raised 

by  the  Legislature  by  taxa- 
tion. 

7.  The  free  schools  open  to  all 

children  and  youths  between 
the  ages  of  six  and  twenty- 
one. 

8.  No  money  to  be  granted  by  the 

State  for  any  sectarian  pur- 
pose. 

9.  No  religious  or  partisan  test 

shall  be  required  for  admis- 
sion to  any  public  educational 
institution. 

10.  All  elections  of  school  officers 

to  be  separate  from  those  of 
the  State. 

11.  State  Board  of  Education  has 

general  supervision. 

12.  The  funds  of  the  State  Uni- 

versity and  all  other  State 
institutions  of  learning  shall 
forever  remain  inviolate. 

ARTICLE  XII. 

llemnue  and  Taxation. 

1.  Necessary  revenue  for  the  sup- 

port of  the  State  shall  be  pro- 
vided for  by  the  Legislature. 

2.  Enumeration  of  what  property 

is  to  remain  exempt  from 
taxation. 

3.  All  mines  and  mining  claims  of 

gold,  silver  or  other  valuable 
mineral  deposits  have  to  pur- 
chase thereof  from  the  United 
States,  shall  be  taxed  at  the 
price  paid  the  United  States 
therefor. 

4.  The  Legislature  shall  not  levy 

taxes  upon  inhabitants  or 


CXXVlll 


INDEX 


Section  | 

property  in  any  county,  city,  | 
town,  etc.  I 

5.  Taxes  for  city,  town  and  school  | 

purposes  may  be  levied,  but 
the  assessed  valuation  of  such 
property  taxed  shall  not  ex- 
ceed the  valuation  for  State 
and  county  purposes. 

6.  No  city,  county,  town,  etc.,  shall 

be  released  from  its  propor- 
tionate share  of  State  taxes. 

7.  The  power  of  tax  corporations 

shall  never  be  relinquished. 

8.  The  corporate  debts  of  public 

corporations  shall  be  provided 
for  by  law. 

9.  The  rate  of  taxation  on  real 

and  pei'sonal  property.  | 

10.  No  money  shall  be  drawn  from  | 

the  treasury  except  by  appro- 
priation made  by  law. 

11.  Taxes  shall  be  uniform  upon  the  ' 

same  class  of  subjects. 

12.  No  appropriations  shall  be  made  j 

or  expenditures  authorized 
whereby  the  expenditures  of  j 
the  State  shall  exceed  the  | 
total  tax.  I 

13.  The  Treasurer  shall  keep  a | 

separate  account  of  each  fund 
in  his  hands,  and  shall  make 
a quarterly  report  to  the 
Governor. 

14.  The  making  of  profit  out  of  pub- 

lic moneys  shall  be  deemed  a 
felony. 

15.  The  Board  of  Equalization  for  ^ 

State  and  county.  ! 

16.  Property  shall  be  assessed  in 

the  manner  prescribed  by  law, 
except  if  otherwise  provided 
for. 

17.  The  word  “property”  defined. 

18.  The  Legislature  shall  pass  all 

laws  necessary  to  carry  out 
the  provisions  of  this  article. 

i 

ARTICLE  XIII. 

Puhhc  Indebtedness.  I 

1.  The  State  or  any  of  its  subdi-  | 
visions  shall  not  give  or  loan  | 
its  credit.  ! 


Section 

2.  In  regard  to  the  power  of  the 

Legislature  to  create  debt,  and 
the  limit  thereof. 

3.  In  regard  to  borrowed  money 

and  the  purpose  for  which  it 
shall  be  used. 

4.  The  State  shall  not  assume  the 

debts  of  any  of  its  subdivi- 
sions. 

5.  In  regard  to  the  powers  of  a 

county  to  create  a debt. 

6.  The  same  of  cities,  towns,  town- 

ship or  school  districts. 

ARTICLE  XIV. 

Military  Affairs. 

1.  The  militia,  to  consist  of  whom. 

2.  They  shall  be  organized,  equip- 

ped and  disciplined. 

3.  The  militia  shall  be  maintained 

by  State  appropriations. 

4.  The  Legislature  shall  provide 

by  law  for  military  records, 
relics,  etc. 

5.  When  the  Governor  shall  be  out 

of  the  State  in  time  of  war  he 
shall  continue  commander-in- 
chief of  the  militia. 

ARTICLE  XV. 

Corporations  Other  than  Municipal. 

1.  All  existing  charters  or  grants 

under  which  business  has  not 
been  commenced  in  good  faith 
at  the  time  this  Constitution 
was  adopted,  shall  thereafter 
have  no  validity. 

2.  No  charter  of  incorporation 

shall  be  extended,  etc.,  except 
for  municipal  corporations, 
etc. 

3.  The  Legislature  shall  have  the 

power  to  alter  or  revoke  or 
annul  charters. 

4.  It  shall  provide  by  law  for  the 

election  of  directors,  etc.,  of 
incorporated  companies. 

5.  All  railroads  shall  be  public 

highways,  and  with  transpor- 
tation and  express  companies, 
common  carriers. 


INDEX. 


cxxix 


Section  1 

6.  No  such  corporations  shall  con-  I 

solidate  with  competing  or 
parallel  lines. 

7.  No  discrimination  in  charges 

for  transportation  of  freight 
or  passengers  of  the  same 
class  should  be  made. 

8.  No  railroad,  express  or  other 

transportation  company  in  ex- 
istence at  the  time  of  the 
adoption  of  this  Constitution 
shall  have  the  benefit  of  fu- 
ture legislation,  etc. 

9.  The  right  of  eminent  domain 

shall  never  be  abridged. 

10.  Fictitious  increase  of  stock  or 

indebtedness  shall  be  void. 

11.  No  foreign  corporation  shall  do 

business  in  this  State  without 
having  one  or  more  known 
places  of  business,  etc. 

12.  No  street  railroad  shall  be  con- 

structed in  any  city  or  town 
without  the  consent  of  the 
local  authorities. 

13.  The  Legislature  shall  pass  no 

law  for  the  benefit  of  a rail- 
road or  other  corporation,  etc. 

14.  In  regard  to  the  right  to  con- 

struct or  maintain  telegraph 
or  telephone  lines. — They  shall 
not  consolidate  with  any  other 
similar  company. 

16.  If  any  State,  railroad,  telegraph, 
telephone  or  express  corpora- 
tion shall  consolidate  with  any 
other  corporation  organized 
under  other  States  or  Terri- 
tories they  shall  not  become 
foreign  corporations. 

16.  It  Is  unlawful  for  any  person  or 

company  to  require  of  Its  em- 
ployes an  agreement  whereby 
such  person  or  company  shall 
be  released  from  responsi- 
bility on  account  of  personal 
Injury  received. 

17.  In  regard  to  the  leasing  or 

alienation  of  any  franchise. 

18.  “Corporation"  defined. 

19.  Dues  from  private  corporation? 

shall  be  secured  by  such 

9 


Section 

means  as  may  be  prescribed 
by  law. 

20.  In  regard  to  trusts. 

ARTICLE  XVI. 

Municipal  Corporations  and  Officers. 

1.  The  counties  of  the  Territory  of 

Montana,  as  they  exist  at  ths 
time  of  its  admission  as  a 
State,  shall  remain  the  sams 
until  changed  by  law. 

2.  In  regard  to  removal  of  ths 

county  seat. 

3.  In  all  cases  of  the  establish- 

ment of  a new  county  It  shall 
pay  its  ratable  proportion 
other  than  existing  liabilities 
of  the  county  or  counties  in 
which  it  is  formed,  etc. 

4.  Each  county  shall  elect  three 

county  commissioners,  their 
term  of  office. 

5.  Enumeration  of  the  county 

officers  to  be  elected. 

6.  In  regard  to  the  appointment 

of  such  other  county,  town- 
ship, precinct  and  municipal 
officers  as  may  be  required. 

ARTICLE  XVn. 

Public  Lands. 

1.  In  regard  to  public  lands. 

2.  What  lands  may  be  sold  or 

leased. 

3.  All  other  public  lands  may  be 

disposed  of  as  provided  by 
law. 

ARTICLE  XVm. 

Labor. 

1.  A bureau  of  agriculture,  labor 
and  Industry  to  be  located  at 
the  capitol. 

j 2.  Illegal  to  let  by  contract  con- 
vict labor. 

i 

I ARTICLE  XIX. 

I Miscellaneous  Subjects  and  Future 
\ Amendments. 

I 1.  The  following  oath  to  be  taken 
i by  officers. 


cxxx 


INDEX. 


( , 


Section 

2.  Lrotteries  and  ^ft  enterprises 
Illegal. 

8.  Laws  shall  be  enacted  to  pre- 
vent the  destruction  by  fire 
of  the  grasses  and  forests  on 
the  lands  of  the  State. 

4.  The  Legislature  shall  enact  lib- 
eral homestead  and  exemption 
laws. 

6.  No  perpetuities  shall  be  al- 
lowed, except  for  charitable 
purposes. 

6.  County  officers  to  keep  their 

offices  at  the  county  seats. 

7.  In  regard  to  public  lands,  pre- 

ference shall  always  be  given 
to  actual  settlers  thereon. 

8.  A convention  to  revise,  alter  or 

amend  the  Constitution  may 
be  called. 

$.  Amendments  may  be  proposed 
in  either  house. 

ARTICLE  XX. 

Schedule. 

1.  All  laws  of  the  Territory  not  in- 

consistent with  the  Constitu- 
tion shall  remain  in  full  force. 

2.  The  same  of  all  lawful  orders^ 

Judgments,  decrees,  etc. 

8.  No  crime  or  criminal  offense 
committed  against  the  laws  of 
the  Territory  shall  abate  by 
reason  of  the  change  to  a 
State  form  of  government. 

4.  In  regard  to  the  changing  of 
certain  words  in  the  laws  of 
the  Territory. 

I.  Clerks  of  District  Courts,  etc., 
to  remain  the  same  as  while 
under  the  Territory. 

8.  State  and  other  seals  under  the 
Territorial  government  shall 


Section 

remain  the  same  until  other- 
wise provided  for. 

7.  Prosecutions  for  criminal  of- 

fenses against  the  laws  of  the 
Territory  shall  not  abate. 

8.  Persons  confined  under  lawful 

commitments  shall  continue 
to  be  confined. 

9.  All  rich  processes,,  etc.,  shall 

continue. 

10.  All  undertakings,  bonds,  obliga- 

tions, etc.,  shall  continue. 

11.  All  property,  real  or  personal, 

etc.,  belonging  to  the  Terri- 
tory, shall  become  the  prop- 
erty of  the  State. 

12.  All  obligations  of  the  Territory 

shall  be  assumed  by  the 
State. 

13.  All  cases  and  proceedings  pend- 

ing in  any  Probate  Court  of 
the  Territory  are  hereby 
transferred  to  the  District 
Court  in  and  for  the  same 
county.  ; 

14.  All  actions,  cases  and  proceed- 

ings pending  in  the  Supreme 
and  District  Courts  of  the 
Territory  shall  be  transferred 
to  the  United  States  Circuit 
and  District  Courts.  j 

15.  All  actions,  cases,  etc.,  pending 

in  the  Supreme  and  District 
Courts  of  the  Territory  shall  ; 
be  transferred  to  the  Supreme  i 
and  District  Courts  of  the  ^ 
State.  » 

16.  Until  otherwise  provided  for, 

the  seal  of  the  Territory  shall 
be  the  seal  of  the  State. 

17.  All  Territorial,  county  and 

township  officers  shall  con- 
tinue the  same  in  the  State. 

A\ 


INDEX. 


CXXXl 


NEBRASKA. 


Article 

1.  Bill  of  rig-hts. 

2.  Distribution  of  powers. 

3.  Legislative. 

4.  Legislative  apportionment. 

5.  Executive  department. 

6.  Judicial  department. 

7.  Rights  of  suffrage. 

8.  Education. 

9.  Revenue  and  finance. 

10.  Counties. 

11.  Railroad  corporations. 

12.  Municipal  corporations. 

13.  Miscellaneous  corporations. 

14.  State,  county  and  municipal 

indebtedness. 

15.  Militia. 

16.  Miscellaneous  provisions. 

17.  Amendments. 

18.  Schedule. 

ARTICLE  I. 

Bill  'of  Rights. 

Section 

1.  All  persons  are  by  nature  free 

and  independent,  and  have 
certain  inherent  rights. 

2.  There  shall  be  neither  slavery 

nor  involuntary  servitude,  ex- 
cept as  punishment  for  crime. 

3.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

4.  Freedom  o^  religious  thought 

and  worship. 

5.  Freedom  of  speech. — In  trials 

for  libel,  truth  may  be  given 
in  evidence. 

6.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

7.  Unreasonable  searches  and  seiz- 

ures prohibited. 

8.  The  privilege  of  a writ  of 

habeas  corpus  shall  not  be 
suspended. 

9.  Excessive  bail  shall  not  be  re- 

quired, nor  excessive  fines 


Section 

imposed,  nor  cruel  punishment 
inflicted. 

10.  No  person  shall  be  held  for  a 

criminal  offense,  unless  on  in- 
dictment of  the  grand  jury. 

11.  In  criminal  prosecutions,  the 

accused  shall  have  the  right 
to  defend  in  person  or  by 
counsel. 

12.  No  person  shall  be  compelled  In 

any  criminal  case  to  give 
evidence  against  himself  or  be 
twice  put  in  jeopardy  for  the 
same  offense. 

13.  All  courts  shall  be  open. — Jus- 

tice shall  be  administered 
without  delay. 

14.  Treason  against  the  State  de- 

fined. 

15.  Conviction  shall  not  work  cor- 

ruption of  blood. 

16.  No  bill  of  attainder,  or  ex  post 

facto  law  shall  be  passed. 

17.  Military  shall  be  subordinate  to 

the  civil  power. 

18.  The  quartering  of  soldiers. 

19.  The  people  have  the  right  to 

assemble  peaceably  to  consult 
for  the  common  good. 

20.  No  person  shall  be  imprisoned 

for  debt,  unless. 

21.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

22.  All  elections  shall  be  free. 

23.  The  writ  of  error  shall  be  a 

writ  of  right  in  all  cases  of 
felony. 

24.  The  right  to  be  heard  in  all 

civil  cases  in  a court  of  last 
resort  shall  not  be  denied. 

25.  Resident  aliens  and  citizens 

have  same  right  in  property. 

26.  The  enumeration  of  these  rights 

shall  not  be  construed  to  im-r 


cxxxii 


INDEX, 


Section  ' 

pair  other  rights  retained  by  ‘ 
the  people.  I 

ARTICLE  II. 

Distribution  of  Powers.  j 

1.  Legislative,  executive  and  ju-  j 
dicial. 

ARTICLE  III. 

Legislative. 

1.  Legislative  authority  is  vested 

in  the  Senate  and  House  of 
Representatives. 

2.  An  enumeration  of  the  inhabi- 

tants to  be  taken  every  ten 
years. 

3.  The  House  of  Representatives 

shall  consist  of  eighty-four 
members;  the  Senate  of  thirty 
members. 

4.  Members  of  the  Legislature. — 

Their  term  of  office  and  pay. 

5.  To  be  eligible  to  the  office  of 

Senator  or  Representative. 

6.  No  person  holding  office  under 

the  United  States,  etc.,  shall 
be  eligible  to  have  a seat  in 
the  Legislature. 

7.  When  the  session  of  the  Legis- 

lature shall  commence. — The 
majority  of  members  of  each 
house  shall  constitute  a 
quorum. 

8.  Each  house  shall  keep  a journal 

of  its  proceedings. 

9.  A bill  may  originate  in  either 

house. 

10.  The  enacting  clause  of  the  law. 

11.  Every  bill  and  resolution  should 

be  read  at  large  at  three 
different  days  in  each  house. 

12.  When  members  shall  be  privi- 

leged from  arrest. 

18.  No  person  elected  to  the  Legis- 
lature shall  receive  any  civil 
appointment  within  this  State. 

14.  The  Senate  and  House  of  Rep- 

resentatives shall  have  the 
sole  power  of  impeachment. 

15.  The  Legislature  shall  not  pass 

local  or  special  law  in  any 
of  the  following  cases. 


Section 

16.  It  shall  not  grant  extra  com- 

pensation, nor  shall  the  com- 
pensation of  any  public  officer 
be  increased  or  diminished 
during  his  term  of  office. 

17.  The  Legislature  shall  never 

alienate  the  salt  springs  be- 
longing to  the  State. 

18.  State  lands  shall  never  be  do- 

nated to  companies,  nor  pri- 
vate individuals. 

19.  Appropriations  for  the  expenses 

of  the  government  shall  be 
made. 

20.  What  is  to  vacate  an  office. 

21.  Lotteries  illegal. 

22.  No  money  shall  be  drawn  from 

the  treasury,  except  by  appro- 
priation. 

23.  Freedom  of  speech  in  debate. 

24.  When  an  act  shall  take  effect. 

ARTICLE  IV. 

Legislative  Apportionment. 

1.  Until  otherwise  provided  for  by 
law,  the  senatorial  and  rep- 
resentative districts  shall  be 
as  follows. 

ARTICLE  V. 

Executive  Department. 

1.  To  consist  of  whom. 

2.  To  be  eligible  to  the  office  of 

Governor,  or  Lieutenant-Gov- 
ernor. 

3.  Treasurer  shall  be  ineligible  for 

office  for  two  years  next  after 
two  consecutive  terms. 

4.  What  shall  be  done  with  the 

election  returns  for  the  offices 
of  the  executive. 

5.  All  civil  officers  liable  to  Im- 

peachment. 

6.  Supreme  executive  power  vested 

in  the  Governor. 

7.  Governor’s  message. 

8.  He  may  convene  the  Legislature. 

9.  In  case  of  disagreement  be- 

tween the  two  houses,  he  may 
adjourn  them. 

10.  He  shall  nominate  all  officers, 

etc. 

11.  In  case  of  vacancy,  how  filled. 


INDEX. 


CXXAlll 


Section 

12.  The  Governor  may  remove  any 

officer,  etc. 

13.  He  shall  have  the  power  to 

grant  reprieves  and  pardons. 

14.  He  shall  be  commander-in-chief 

of  the  militia. 

16.  Eveiry  bill  shall  be  signed  by 
’ the  Governor  before  it  becomes 

a law. 

16.  Lieutenant-Governor  to  act  as 

Governor,  when. 

17.  He  shall  be  president  of  the 

Senate  and  only  vote  in  case 
of  tie. 

18.  When  the  president  of  the 

Senate  shall  act  as  Governor. 

19.  A Commissioner  of  Public 

Lands  and  Buildings,  Secre- 
tary of  State,  Treasurer  and 
Attorney-General  should  form 
a board,  which  shall  have 
general  supervision  of  all 
State  buildings  and  land. 

20.  How  certain  State  offices,  if 

vacant,  are  to  be  filled. 

21.  All  moneys  received  and  dis- 

bursed- shall  be  accounted  for 
by  officers  of  the  executive 
department. 

' 22.  They  shall  report  to  the  Gover- 
nor at  least  ten  days  preced- 
ing the  regular  session  of  the 
Legislature. 

i 23.  The  seal  of  State  to  be  kept  by 
the  Secretary. 

I 24.  The  salaries  of  State  officers. 

I 25.  They  shall  give  bonds  of  at 
least  double  the  amount  of 
money  which  comes  intO'  their  j 
hands. 

26.  No  other  executive  State  office  ' 
shall  be  continued  or  created. 

, ARTICLE  VI. 

Judicial  Department. 

' 1.  Judicial  power  of  the  State  shall  ; 
be  vested  in  the  Supreme,  Dis- 
trict and  County  Courts,  and  ; 
justices  of  the  peace,  etc.  i 
. 2.  The  Supreme  Court  shall  con-  * 
sist  of  two  judges,  the  ma- 
jority of  whom  will  be  neces-  ' 
sary  to  form  a quorum. 


I Section 

3.  At  least  two  terms  of  the  Su- 

I preme  Court  shall  be  held 

I each  year  at  the  seat  of  gov- 

i ernment. 

4.  Election  of  judges  of  Supreme 

I Court.— Term  of  office. 

5.  They  shall  be  classified  by  lot. 

j 6.  The  judge  having  the  shortest 
term  shall  be  Chief  Justice. 

7.  To  be  eligible  to  the  office  of 

I judge  of  the  Supreme  Court. 

8.  The  reporter  shall  also  act  as 

, cierk  of  the  Supreme  Court; 

I • librarian,  etc. 

I 9.  The  District  Courts,  their  juris- 
I diction. 

j 10.  The  State  shall  be  divided  into 
, six  judicial  districts,  as  fol- 

j lows. 

i 11.  The  number  of  judges  of  Dis- 
trict Courts,  etc.,  may  be  in- 
J creased. 

12.  Judges  of  District  Courts  may 
' hold  courts  for  each  other, 

j 13.  Their  salary. 

14.  No  judge  of  the  Supreme  or 

District  Court  may  receive 
other  compensation  or  per- 
quisites. 

15.  There  shall  be  a judge  of  the 

County  Court. — His  term  of 
office. 

i 16.  County  Courts  shall  be  courts 
I of  record.— Their  jurisdiction. 

; 17.  Appeals  to  the  District  Courts 
and  County  Courts  allowed  in 
criminal  cases. 

18.  The  election  of  justices  of  the 

peace  and  police  magistrates. 

19.  All  laws  relating  to  courts  shall 

be  general  and  of  uniform 
operation. 

20.  All  officers  provided  for  in  this 

article  shall  hold  their  office 
until  their  successor  shall  be 
qualified. 

21.  How  offices  are  filled  in  case  of 

vacancy  in  the  Supreme  and 
District  Court. 

22.  The  State  may  sue  and  be  sued. 

23.  Jurisdiction  of  the  judges  of 

Courts  of  Record. 

24.  Style  of  process. 


CXXXIV 


INDEX. 


ARTICLE  VII. 

Eights  of  Suffrage. 

Section 

1.  To  be  eligible  as  a voter. 

2.  Those  who  may  not  vote. 

3.  Every  elector  in  the  actual 

military  service  of  the  United 
States,  or  of  this  State,  not 
in  the  regular  army,  will  ex- 
ercise. 

4.  No  soldier  or  seaman  of  the 

United  States  will  be  deemed 
a resident  of  this  State  be- 
cause stationed  therein. 

5.  Electors  privileged  from  arrest, 

etc. 

ARTICLE  VIII. 

Education.  ! 

1.  A board  of  commissioners  shall  | 

be  constituted  for  selling  and  | 
leasing  lands  for  edifcational  j 
purposes. 

2.  All  land  and  money  bequeath'ed 

for  educational  purposes  shall 
be  used  in  accordance  with  j 
the  terms  of  such  bequest.  i 

5.  Enumeration  of  perpetual  fund  I 

for  common  school  purposes. 

4.  All  other  grants,  gifts,  etc.,  | 
hereafter  made  to  this  State  ! 
and  not  otherwise  provided  i 
for,  shall  be  used  for  mainte- 
nance of  the  common  schools. 

6.  All  fines,  penalties  and  license 

money  shall  be  paid  over  to 
the  counties  for  the  use  of 
common  schools. 

6.  The  Legislature  shall  provide 

for  free  instruction  in  common 
schools. 

7.  The  income  of  the  school  fund 

shall  be  equitably  distributed 
among  the  several  school  dis-  j 
tricts  of  the  State. 

8.  Lands  for  educational  purposes 

shall  not  be  sold  for  less  than 
seven  dollars  an  acre.  | 

9.  All  funds  belonging  to  the  State  j 

for  educational  purposes  shall  i 
be  deemed  trust  funds.  j 

10.  The  general  government  of  the  i 
University  of  Nebraska,  how  j 
vested.  ! 


Section 

11.  No  sectarian  instruction  shall 

be  allowed  in  any  school. 

12.  Reform  schools. 

ARTICLE  IX. 

Revenue  and  Finance. 

1.  The  need  for  revenue  shall  be 

raised  by  the  levying  of  a tax. 
— Peddlers,  auctioneers,  etc., 
may  be  taxed. 

2.  What  property  is  to  be  exempt 

from  taxation. 

3.  The  right  of  redemption  from 

all  sales  of  real  estate  for  the 
nonpayment  of  taxes  shall  ex- 
ist in  the  favor  of  owners. 

4.  The  Legislature  shall  have  no 

power  to  release  any  of  the 
subdivisions  of  the  State,  nor 
the  inhabitants  from  their 
proportionate  share  of  taxes. 

5.  The  limit  of  tax  to  be  assessed 

by  Congress. 

6.  Cities,  towns,  etc.,  shall  have  the 

power  to  make  local  improve- 
ments by  special  assessments. 

7.  Private  property  not  taken  and 

held  for  payment  of  the  cor- 
porate debt  of  municipal  cor- 
porations. 

8.  The  Legislature  at  its  first  ses- 

sions shall  provide  by  law 
for  the  funding  of  all  out- 
standing indebtedness,  at  a rate  of 
interest  not  to  exceed  eight 
per  cent  per  annum. 

9.  The  order  to  examine  and  adjust 

all  claims  upon  the  treasury. 

ARTICLE  X. 

Counties. 

1.  New  counties  shall  not  be 

formed  with  an  area  of  less 
than  four  hundred  square 
miles. 

2.  No  county  shall  be  divided  with- 

out first  submitting  it  to  the 
people. 

3.  There  shall  be  no  territory 

stricken  from  an  organized 
county  unless  a majority  of 
the  voters  therein  petition  for 
such  division. 


INDEX. 


cxxxv 


Section 

4.  The  Legislature  should  provide 
by  Haw  for  the  election  of 
such  county  and  township 
officers  as  may  be  necessary. 

6.  It  shall  provide  by  general  law 
for  township,  organizations, 
etc. 

ARTICLE  XI. 

Railroad  Corporations. 

1.  Every  railroad  corporation  do- 

ing business  in  this  State  shall 
maintain  a public  office  in  the 
State. 

2.  Other  particulars  in  regard  to 

railroads. 

2.  The  rolling  stock  and  other 

movable  property  of  a rail- 
road considered  personal 
property. 

3.  Railroads,  railroad  companies 

and  telegraph  may  not  consoli- 
date with  a parallel  or  com- 
peting line. 

4.  Railroads  are  considered  public 

highways,  and  the  Legislature 
may  establish  reasonable 
rates.  j 

5.  No  railroad  corporations  shall 

issue  stock  or  bonds  except 
for  money,  etc. 

6.  The  right  of  eminent  domain  i 

shall  never  be  abridged.  * 

7.  Laws  shall  be  passed  to  correct 

abuses  and  prevent  unjust  dis- 
criminations in  charges  of 
express,  telegraph  and  rail- 
road companies. 

8.  No  railroad  corporation,  organ- 

ized under  the  laws  of  any 
other  State  or  of  the  United 
States,  doing  business  in  this 
State,  shall  be  entitled  to  ex- 
ercise the  right  of  eminent 
domain. 

ARTICLE  XII. 

Municipal  Corporations. 

1.  No  subdivision  of  the  State  shall 
be  subscriber  to  the  capital 
stock  in  any  railroad  or  pri- 
vate corporation. 


ARTICLE  XIII. 

Miscellaneous  Corporations. 
Section 

1.  No  corporation  shall  be  created 

by  special  law,  etc. 

2.  The  street  railways  in  cities 

and  towns  before  building 
must  get  the  consent  of  a 
majority  of  the  electors. 

3.  All  corporations  may  sue  and 

be  sued. 

4.  In  cases  of  claims  against  cor- 

porations, etc.,  the  exact 
amount  justly  due  shall  first 
be  ascertained. 

5.  The  Legislature  shall  provide 

by  law  for  the  election  of 
directors,  etc. 

6.  All  existing  charters  or  grants 

of  special  or  exclusive  privi- 
leges under  which  organiza- 
tions shall  not  have  taken 
place  within  sixty  days  from 
the  time  this  Constitution 
takes  effect,  shall  have  no 
validity. 

7.  Every  stockholder  in  a banking 

corporation  shall  be  respon- 
sible and  liable  to  its  credi- 
tors, etc. 

ARTICLE  XIV. 

State,  County  and  Municipal 
Indebtedness. 

1.  The  State  may,  to  meet  casual 


deficits  in  the 

revenues,  con- 

tract  debts  not 

to 

exceed 

$100,000. 

2.  No  subdivision 

of 

the 

State 

shall  make  donations  to  any 
railroad,  etc.,  for  works  of 
internal  improvement. 

3.  The  credit  of  the  State  shall 
never  be  given  or  loaned. 

ARTICLE  XV. 

Militia. 

1 . The  Legislature  shall  determine 
what  persons  shall  constitute 
the  militia  of  the  State. 


CXXXVl 


INDEX. 


ARTICLE  XVI. 

Miscella  neoiif^^ProDisions. 

Section 

1.  Executive  and  judicial  officers 

and  members  of  the  Legisla- 
ture to  take  the  following  oath. 

2.  Any  person  who  is  in  default 

as  a collector  and  custodian 
of  public  money  shall  not  be 
eligible  to  any  office  of  trust. 

3.  Dninkenness  shall  be  cause  of 

impeachment  and  removal 
from  office. 

ARTICLE  XVII. 
Amendments. 

1.  Amendments  may  be  proposed 

in  each  branch  of  the  Legis- 
lature. 

2.  A convention  to  revise  and  j 

amend  the  same  may  be  called,  j 
ARTICLE  XVIII.  j 

Scliedule.  j 

1.  All  laws  in  force  at  the  time  of  | 

the  adoption  of  this  C*nstltu-  | 
tion,  etc.,  shall  continue  to  be  | 
valid.  j 

2.  Taxes,  penalties,  etc.,  existing  ! 

before  the  Constitution,  shall  j 
continue.  | 

3.  Bonds,  obligations,  etc.,  entered  j 

into  upon  the  adoption  of  this  | 
Constitution  shall  remain  I 
valid. 

4.  All  courts  not  in  this  Constitu- 

tion specifically  enumerated, 
shall  continue  in  existence. 

B.  All  persons  filling  office  shall 
continue. 

6.  The  district  attorneys  shall  con- 

tinue. i ; 1 M 

7.  The  Constitution  shall  be  sub- 

mitted to  the  people  of  the  State. 

8.  Election  returns  to  be  con- 

ducted according  to  the  laws 
regulating  general  elections. 

9.  The  duties  of  the  Secretary  of 

State  twenty  days  before 
each  election. 

10.  Form  of  ballots  for  said  elec- 

tion. 

11.  Returns  to  be  made  within 

fourteen  days  after  the  elec- 
tion. ' 


! Section 

12.  In  regard  to  the  acceptance  or 

rejection  of  the  Constitution. 

13.  The  time  for  holding  a general 

election. 

14.  Terms  of  all  State  and  county 

officers,  or  judges  of  the  Su- 
preme District  Courts,  etc., 
when  to  begin. 

15.  The  Supreme,  District  and 

County  Courts  shall  be  the 
successors  respectively  of  the 
Supreme,  District  and  Pro- 
bate Courts,  having  jurisdic- 
tion under  the  existing  Con- 
stitution, 

16.  The  Supreme,  District  and  Pro- 

bate Courts  now  in  existence 
shall  continue. 

17.  All  cases,  etc.,  pending  and  un- 

determined in  the  several 
courts,  and  all  records,  etc., 
arft  transferred. 

18.  Existing  Constitutions  shall 

cease,  when: 

19.  The  provisions  of  this  Constitu- 

tion required  to  be  executed 
prior  to  the  adoption  or  re- 
jection thereof  shall  take 
effect  and  be  in  force  imme- 
diately. 

20.  The  Legislature  shall  pass  all 

laws  necessary  to  carry  into 
effect  the  provisions  of  this 
Constitution. 

21.  Oath  of  affirmation  to  be  re- 

taken in  the  support  of  this 
Constitution. 

22.  In  regard  to  the  Regents  of  the 

University. 

23.  The  present  executive.  State 

officers,  etc.,  shall  continue. 

24.  The  returns  of  the  whole  vote 

cast  by  judges  of  the  Supreme 
Court,  etc. 

25.  The  auditors  shall  draw  war- 

rants of  the  State  quarterly. 

26.  District  Court  shall  fix  time  for 

holding  their  courts. 

27.  Members  of  the  first  Legisla- 

ture under  this  Constitution. 

28.  The  Constitution  shall  be  en- 

rolled and  deposited  in  office 
of  Secretary  of  State. 


INDEX. 


CXXXVll 


NEVADA. 


Article 

1.  Dedlaration  of  rights. 

2.  Right  of  suffrage. 

5.  Distribution  of  powers. 

4.  Legislative  department, 

6.  Executive  department, 

6.  Judicial  (department. 

7.  Impeachment  and  removal. 

8.  Municipal  and  other  corpora- 

tions. 

9.  Finance  and  State  department, 

10.  Taxation. 

11.  Education 

12.  Militia. 

13.  Public  institutions. 

14.  Boundary. 

15.  Miscellaneous  provisions. 

16.  Amendments. 

17.  Schedule. 

18.  Right  of  suffrage. 

Preamble 

. # 

ARTICLE  I. 

Declaration  of  Bights. 

Section 

1.  All  men  are  by  nature  free  and 

equal  and  have  certain  Inalien- 
able rights. 

2.  Paramount  allegiance  and  pow- 

ers of  Federal  government. 

8.  Right  of  trial  by  jury. 

4.  Religious  thought  and  worship. 

6.  Habeas  corpus. 

6.  Excessive  ball  shall  not  be  re- 

quired. 

7.  AH  persons  shall  be  bailable  for  ! 

capital  offenses.  | 

8.  Capital  or  infamous  crimes. — j 

Property  taken  without  com-  ! 
pensation. 

9.  Freedom  of  speech  and  of  the 

press.  I 

10.  People  have  the  right  to  assem-  j 

ble  peaceably  to  consult  for  ! 
the  common  good. 

11.  No  standing  army. 


I Section 

j 12.  Quartering  of  soldiers. 

13.  Apportionment. 

I 14.  Privileges  of  debtors. 

15.  No  ex  poste  facto  law. 

! 16.  Rights  of  residents, 
j 17.  Slavery  prohibited. 

18.  Rights  against  seizures  and 
searches. 

; 19.  Treason  against  the  State  shall 
consist  only  in  levying  war 
against  it. 

i 20.  Rights  retained. 

ARTICLE  II. 

Right  of  Suffrage. 

1.  To  be  eligible  as  a voter. 

2.  No  person  shall  be  deemed  to 
have  lost  or  gained  a residencje 
by  reason  of  his  presence  or 
absence  while  employed  in  the 
service  of  the  United  States, 

3.  The  right  of  suffrage  shall  be 
enjoyed  by  all  persons  en- 
titled to  the  same  who  may  be 
in  military  or  naval  service  of 
of  the  United  States. 

4.  Electors  privileged  from  arrest. 

5.  Elections  shall  be  by  ballot. 

6.  Every  voter  shall  be  required  to 
register. 

7.  A poll  tax  of  not  less  than  two 
nor  exceeding  four  dollars  may 
be  required  from  each  person 
resident  in  the  State. 

8.  All  persons  qualified  by  law  to 
vote  for  Representatives  to  tho 
General  Assembly  shall  b« 
qualified  to  vote  for  or  against 
this  Constitution. 

ARTICLE  III. 

Distribution  of  Powers. 

1.  Legislative,  executive  and  judi- 
cial. 


CXXXVlll 


INDEX. 


ARTICLE  IV. 

Legislative  Department. 

Section 

1.  Power  vested  in  Senate  and  As- 

sembly, 

2.  The  sessions  of  the  Legislature 

shall  be  biennial. 

8.  Members  of  the  Assembly  shall 
be  chosen  biennially. 

4.  Senators  shall  be  chosen  at  the 

same  time  and  place  as  mem-  i 
bers  of  the  Assembly. 

5.  Senators  and  members  of  the  As- 

sembly shall  be  duly  qualified 
electors. 

6.  Right  to  judge  qualifications. 

7.  Either  house  may  punish  for 

contempt. 

8.  No  senator  or  member  of  As- 

sembly shall'  hold  any  civil  of- 
fice of  profit  during  his  term. 

2.  No  person  holding  any  lucrative 
office  under  the  government 
shall  be  eligible  to  any  civil  of- 
fice of  profit. 

10.  Any  person  who  shall  be  con- 

victed of  the  embezzl'ement  of 
the  public  funds  of  the  State 
shall  be  disqualified  from  hold- 
ing office. 

11.  Members  of  the  Legislature  shall 

be  exempt  from  arrest.  I 

12.  The  Governor  has  power  to  fill 

vacancies  in  either  house.  { 

13.  A majority  of  the  members  of  | 

either  house  constitutes  a quo-  j 
rum. 

14.  Each  house  shall  keep  a journal,  j 

15.  The  doors  of  each  house  shall  j 

be  open  during  its  session. 

16.  Bills  may  originate  in  /either 

house. 

17.  Each  law  shall  embrace  but  one 

subject. 

18.  Every  bill  shall  be  read  by  sec- 

tions on  three  several  days  in 
each  house. 

19.  No  money  shall  be  drawn  from 

the  treasury  except  by  appro-  j 
priation.  1 

20.  The  Legislature  shall  not  pass  I 

local  or  special  laws  in  any  of 


Section 

the  following  enumerated 
cases. 

21.  All  laws  shall  be  general  and  of 

uniform  operation  throughout 
the  State. 

22.  Provision  may  be  made  by  gen- 

erak  law  for  bringing  suit 
against  the  State. 

23.  The  enacting  clause  of  every  law 

shall  be  as  follows. 

24  Lotteries  illegal. 

25.  The  Legislature  shall  establish 

a system  of  county  and  town- 
ship government. 

26.  The  Legislature  shall  provide  by 

law  for  the  election  of  a board 
of  county  commissioners. 

27.  Jury  service. 

28.  Money  drawn  from  the  treasury, 

when. 

29.  The  first  regular  session  of  the 

Legislature  may  extend  to 
ninety  days. 

30.  Homestead  exempt  from  forced 

sale.  • ■ 

31.  In  regard  to  the  property  of  the 

wife  owned  by  her  before  mar- 
riage. 

32.  Powers  of  the  Legislature. 

33.  The  compensation  of  the  mem- 

bers of  the  Legislature  shall  be 
fixed  by  law. 

34.  United  States  senators,  how 

elected. 

35.  When  a bill  shall  become  a law. 

ARTICLE  V. 

Executive  Department. 

1.  The  supreme  power  of  the  State 

shall  be  vested  in  the  Gov- 
ernor. 

2.  The  Governor  shall  be  elected  by 

qualified  electors. 

3.  No  person  shall  be  eligible  to  the 

office  of  Governor  who  is  not  a 
qualified  elector. 

4.  The  returns  for  every  election 

for  Governor  shall  be  sealed 
up. 

6.  The  Governor  shall  be  comman- 
der-in-chief of  the  military. 


INDEX. 


CXXXIX 


Section 

7.  He  shall  see  that  the  laws  are 

faithfully  executed. 

8.  The  Governor  shall  have  the 

power  to  fill  vacancies. 

9.  The  Governor  may  on  extraordi- 

nary occasions  convene  the 
Legislature. 

10.  He  shall  communicate  his  mes- 

sage to  the  Legislature  at 
every  regular  session. 

11.  The  Governor  shall  have  the 

power  to  adjourn  the  Legisla- 
ture in  case  of  a disagreement. 

12.  No  person  is  eligible  for  Gov- 

ernor who  holds  any  other  of- 
fice under  the  government 

13.  Powers  as  to  fines,  forfeitures 

and  reprieves. 

14.  He  may  remit  fines  and  grant 

pardons. 

15.  There  shall  be  a State  seal. 

16.  Grants  and  commissions  to  be 

in  the  name  of  the  State. 

17.  A Lieutenant-Governor  shall  be 

elected  in  the  same  manner  as 
the  Governor. 

18.  Acting  Governor,  when. 

19.  A Secretary  of  State,  Treasurer, 

Comptroller,  Surveyor-General 
and  anj  Attorney-General 
shall  be  elected  in  the  same 
manner  as  the  Governor. 

20.  Duties  of  the  Secretary  of  State. 

21.  The  Governor,  Secretary  of 

State  and  Attorney-General 
shall  constitute  a board  of 
prison  commissioners,  also 
board  of  examiners. 

22.  The  Secretary  of  State,  State 

Treasurer,  etc. — Their  duties. 

ARTICLE  VI. 

Judicial  Department. 

1.  The  judicial  power  of  this  State 

shall  be  vested  in  a Supreme 
Court,  District  Courts  and  in 
Justices  of  the  Peace. 

2.  The  Supreme  Court  shall  con- 

sist of  a Chief  Justice  and  two 
associate  judges. 

8.  The  justices  of  the  Supreme 
Court  shall  be  elected  by  qual- 
fled  voters.  ' 


Section 

4.  The  Supreme  Court  shall  have 

appelHate  jurisdiction  in  all 
cases  in  equity. 

5.  The  State  is  hereby  divided  Into 

nine  judicial  districts. 

6.  The  District  Courts. — Jurisdic- 

tion and  powers. 

7.  Terms  of  Supreme  and  District 

Courts. 

8.  Justices  of  the  Peace. — Their 

jurisdiction. 

9.  Municipal  Courts.— Jurisdiction 

of  the  same. 

10.  No  judicial  officer,  except  jus- 

tices of  the  peace  and  city 
recorders,  shall  receive  any 
fees  for  his  own  use. 

11.  Judges  of  the  Supreme  and  Dis- 

trict Courts  shall  hold  none 
other  than  a judicial  office. 

12.  How  judges  are  to  charge  Juries^ 

13.  Style  of  process. 

14.  Form  of  civil  action. 

15.  Judges’  salaries. 

16.  Court  fees. 

17.  Office,  when  vacated. 

18.  Officers,  when  suspended. 

ARTICLE  VII. 

Impeachment  and  Removal  From  Office. 

1.  The  Assembly  shall  have  the 

sole  power  of  impeaching. 

2.  Who  liable  to  impeachment. 

3.  Justices  of  Supreme  Court  and 

District  judges  may  be  re- 
moved. 

4.  Removal  from  office  of  civil  of- 

ficer. 

ARTICLE  VIII. 

Municipal  and  Other  Corporations. 

1.  The  Legislature  shall  pass  no 

special  act  in  any  matter  relat- 
ing to  corporate  powers,  except 
for  municipal  purposes. 

2.  All  real  and  personal  property 

in  this  State  shall  be  subject 
to  taxation. 

3.  Dues  may  be  secured. 

4.  Corporations  subject  to  laws,  etc. 
6.  Corporations  may  sue  and  be 

sued. 


cxl 


INDEX. 


Section 

6.  Bank  notes  prohibited. 

7.  No  right  of  way  shall  be  appro- 

priated to  the  use  of  any  cor-  j 
poration  without  compensation. 

5.  Organization  of  cities  and  towns, 
f.  State  not  to  donate  or  loan  its 

credit  or  money.  ] 

10.  No  county,  city  or  town  to  be-  j 
come  a stockholder. 

ARTICLE  IX. 

Finance  and  State  Debt. 

1.  The  fiscal  year  shall  commence 

on  the  first  day  of  January  in 
each  year. 

2.  Legislature  to  provide  for  levy- 

ing an  annual  tax. 

3.  State  may  contract  debts,  etc. 

4.  State  not  to  assume  indebted- 

ness. I 

ARTICLE  X. 

Taxation. 

1.  Taxation  to  be  equal. 

ARTICLE  XI. 

Education. 

1.  The  Legislature  shall  encourage 

by  all  suitable  means  the  pro- 
motion of  intellectual,  literary 
and  scientific  pursuits. 

2.  School  system  to  be  uniform. 

3.  Revenues  pledged  to  educational 

purposes. 

4.  The  Legislature  shall  provide 

for  the  establishment  of  a State 
university. 

6.  The  Legislature  shall  have  power 

to  establish  normal  schools. 

€.  The  Legislature  shall  p.rovide  a 
special  tax. 

7.  The  Governor,  Secretary  of  State 

and  Superintendent  of  Public 
Instruction  shall  constitute  a 
board  of  regents. 

8.  Duties  of  the  board  of  regents. 

9.  No  sectarian  instruction  shall  be 

imparted  or  tolerated. 

10.  No  funds  for  sectarian  purposes. 

ARTICLE  XII. 

Militia. 

1.  Organization  of  a militia. 


Section 

2.  The  Governor  shall  have  the 
power  to  call  out  the  militia. 

i 

ARTICLE  XIII. 

Public  Institutions. 

1.  Institutions  for  the  benefit  of  the 

insane,  blind,  etc.,  shall  be  sui>- 
ported  by  the  State. 

2.  A State  prison  shall  be  estab- 

lished and  maintained. 

3.  Aged  and  infirm. 

ARTICLE  XIV. 

Boundary. 

1.  Boundary  of  the  State. 

ARTICLE  XV. 


1.  The  seat  of  the  government  shall 

be  at  Carson  City. 

2.  Members  of  the  Legislature,  etc., 

to  take  the  oath  of  office. 

3.  No  person  shall  be  eligible  to 

office  who  is  not  a qualified 
elector. 

4.  No  perpetuities  shall  be  allowed 

except  for  eleemosynary  pur- 
poses. 

5.  General  election. 

6.  All  county  officers  shall  hold 

their  office  at  the  county  seat. 

8.  Publication  of  laws,  etc. 

9.  Salaries  increased  or  diminished. 

10.  Officers,  how  chosen. 

11.  The  tenure  of  any  office  not 

herein  provided  for  shall  b« 
declared  by  law. 

12.  The  State  officers  shall  keep  their 

respective  offices  at  the  seat  of 
government. 

13.  Enumeration  of  inhabitants. 

14.  Votes  to  constitute  choice. 

ARTICLE  XVI. 

Amendmen  ts. 

1.  Any  amendment  or  amendments 

to  this  Constitution  may  be 
proposed  in  the  Senate  or  As- 
sembly. 

2.  Revision  of  the  Constitution. 


IXDEX. 


cxli 


ARTICLE  XVII. 

Schedule. 

Section 

1.  Rights,  etc.,  to  continue. 

2.  All  laws  to  remain  In  force  until 

they  expire  by  limitation. 

3.  Fines,  etc.,  to  enure  to  State. 

A.  Recognizances  to  remain  valid. 

B.  Salaries  of  officers. 

6.  Apportionment  of  Senators  and 

Assemblymen. 

7.  Tecrrltorial  indebtedness  as- 

sumed. 

8.  Term  of  State  officers. 

9.  Term  of  Senators. 

10.  Term  of  Senators  fixed. 

11.  Term  of  Assemblymen. 

12.  Sessions  of  the  Legislature. 

13.  County  officers  continued  in  of- 

fice. 

14.  Territorial  officers  continued  in 

office  until  time  of  qualifica- 
tion of  State  officers. 

15.  Terms  of  court  determined. 


NEW  HA 

PART  I. 

Bill  of  liifjhtsi. 

Section 

1.  All  men  are  born  equally  free. 

2.  They  have  certain  inherent 

rights. 

1.  When  men  enter  into  a state  of 
society  they  surrender  up  some 
of  their  natural  rights  to  that 
society. 

4.  Some  are  unalienable. — Of  this 
kind  are  the  rights  of  con- 
science. 

B.  Freedom  of  religious  thought 
and  worship. 

6.  The  rights  of  religious  societies. 

7.  The  people  of  this  State  have 

the  sole  and  exclusive  right  of 
governing  themselves. 

8.  All  magistrates  and  officers  of 

government  are  accountable  to 
the  people. 

9.  No  office  shall  be  hereditary. 

10.  The  government  is  instituted  for 
common  benefit. 


Section 

16.  Salaries  of  district  judges. 

17.  Salaries  may  be  changed. 

18.  State  officers  to  qualify. 

19.  The  judges  of  the  Supreme  and 

District  Courts  shall  qualify. 

20.  All  officers  of  State  and  District 

Courts  shall  be  commissioned 
by  the  Governor, 

21.  County,  town  and  village  of- 

ficers. 

22.  Vacancies  may  be  filled  by  the 

Governor. 

23.  Cases  tran.sf erred. 

24.  For  the  first  three  years  after 

the  adoption  of  this  Constitu- 
tion the  Legislature  shall  not 
levy  a tax  for  State  purposes. 

25.  Counties  consolidated. 

26.  Publication  of  debates,  etc. 

ARTICLE  XVin. 

Rifjht  of  Suffrafje. 

1.  The  light  of  suffrage, 

[PSIIIRE. 

Section 

U.  All  elections  to  be  free, 

12.  The  rights  of  every  member  of 

the  community, 

13.  Those  who  shall  not  be  com- 

pelled to  bear  arms. 

14.  Right  and  justice  to  be  free  and 

without  denial. 

15.  No  subject  shall  be  held  to 

answer  for  any  crime  until 
fully  and  plainly  described  to 
him. 

16.  No  person  in  jeopardy  twice  for 

the  same  offense. 

\7.  In  criminal  prosecutions  the 
trial  shall  be  in  the  vicinity 
where  the  crime  was  commit- 
ted. 

18.  All  penalties  ought  to  be  pro- 

pori^ioned  to  the  nature  of  the 
offense. 

19.  Unreasonable  searches  and  seiz- 

ures prohibited. 

20.  The  right  of  trial  by  jury. 


cxlii 


INDEX. 


Section 

21.  None  but  qualified  persons  ap- 

pointed to  serve  on  the  same. 

22.  Liberty  of  the  press. 

23.  Retrospective  laws  are  highly 

injurious. 

24.  Militia  natural  defense  of  the 

State. 

25.  Standing  armies  prohibited. 

26.  Military  subordinate  to  civil 

power. 

27.  Quartering  of  soldiers. 

28.  In  regard  to  taxes,  impost  and 

duty. 

29.  The  power  suspending  the  laws 

or  the  execution  of  them  only 
to  be  exercised  by  the  Leg- 
islature. 

30.  Freedom  of  speech  in  debate  in 

the  Legislature. 

31.  The  redress  of  public  grievances. 

32.  The  people  have  the  right  to 

assemble  in  a peaceable  man- 
ner for  the  common  good. 

33.  Excessive  bail  and  fines  or  cruel 

punishments  not  allowed. 

34.  Court  martial. 

35.  The  right  of  trial  by  impartial 

judge. 

36.  No  pensions  should  be  granted 

but  in  consideration  of  actual 
service. 

37.  The  legislative,  executive  and 

judicial  powers  to  be  kept  sepa- 
rate from  and  independent  of 
each  other. 

38.  Moderation,  temperance,  indus- 

try and  frugality. 

PART  II. 

Form  of  Government. 

1.  Forming  the  State. 

2.  Supreme  legislative  power  vested 

in  the  Senate  and  House  of 
Representatives. 

3.  They  shall  assemble  biennially, 

and  shall  be  called  the  General 
Court. 

4.  The  powers  and  authority  of  the 

General  Court. 

5.  A further  enumeration  of  its 

powers,  etc. 


Section 

6.  There  shall  be  a valuation  of 

estates  within  the  State  at 
least  once  in  five  years. 

7.  No  member  of  the  General  Court 

shall  take  fees,  etc. 

8.  The  doors  to  be  kept  open,  except 

in  certain  cases. 

9.  Apportionment  of  members  of 

the  Legislature. 

10.  Stricken  out. 

11.  In  case  of  a town,  place  or  city 

where  having  less  than  six 
hundred  inhabitants. 

12.  The  members  shall  be  chosen  bi- 

ennially. 

13.  Qualifications  for  voting. 

14.  Every  member  of  the  house  shall 

be  chosen  by  ballot  for  two 
years. 

15.  Compensation  and  mileage. 

16.  Vacancies,  how  filled. 

17.  Impeachments  to  be  heard  and 

made  by  the  Senate. 

18.  All  money  bills  shall  originate, 

where. 

19.  Power  to  adjourn  for  two  days. 

20.  What  constitutes  a quorum. 

21.  Privileged  from  arrest. 

22.  The  house  shall  choose  their  own 

speaker,  etc. 

23.  Power  of  Senate,  Governor  and 

council. 

24.  Both  houses  to  keep  a journal. 

25.  The  Senate  shall  consist  of 

twenty-four  members. 

26.  The  State  to  be  equally  repre- 
* sented. 

27.  Election  of  Senators. 

28.  How  Senators  shall  be  chosen. 

29.  What  disqualifies. 

30.  Those  qualified  to  be  considered 

an  inhabitant. 

31.  In  regard  to  rights,  etc.,  of  cer- 

tain inhabitants. 

32.  Election  of  Governor,  etc. 

33.  Notifying  those  Senators  elected. 

34.  In  case  of  tie. 

35.  The  Senate  shall  judge  of  the 

election  and  qualification  of  its 
own  members. 

36.  May  adjourn  themselves. 


INDEX. 


cxliii 


Section 

37.  Shall  appoint  their  officers. 

38.  They  have  power  of  impeach- 

ment. 

39.  Removal  from  office. 

40.  If  the  Governor  is  impeached. 

Executive  Poicer. 

41.  The  Governor. 

42.  Shall  be  chosen  biennially. 

43.  The  Governor  may  adjourn  the 

Legislature  in  case  of  disagree- 
ment. 

44.  'All  bills  to  be  signed  by  the 

Governor. 

45.  Every  resolve  to  be  presented  to 

the  Governor. 

46.  All  judicial  and  army  officers  to 

be  appointed  by  the  Governor 
and  council. 

47.  The  Governor  and  council  shall 

have  a negative  on  each  other. 

48.  Captains  and  subalterns  to  be 

commissioned  by  the  Governor. 

49.  Whenever  the  chair  of  the  Gov- 

ernor shall  become  vacant. 

50.  The  Governor  and  council  may 

prorogue  the  General  Court. 

51.  The  Governor  to  be  commander- 

in-chief  of  the  army  of  the 
State. 

52.  The  Governor’s  power  of  pardon- 

ing offenses,  etc. 

63.  Removal  of  commissioned  officeTs 
of  the  militia. 

54.  Appointment  of  adjutants,  etc. 

55.  Division  of  militia  into  brigades, 

regiments  and  companies. 

56.  No  money  to  be  issued  out. of  the 

treasury,  except  by  appropria- 
tion. 

57.  Certain  officers  to  deliver  an  ac- 

count of  all  goods,  stores,  etc., 
to  the  Governor. 

58.  Compensation  of  the  Governor 

and  council. 

59.  Permanent  and  honorable  sal- 

aries for  justices  of  the  Su- 
preme Court. 

60.  Election  of  Governor’s  council- 

lors. 

61.  Those  having  a majority  of  the 

votes  to  be  considered  elected. 


I Section 

I 62.  In  regard  to  the  refusal  or  ac- 
! ceptance  of  an  office  if  elected. 

63.  The  members  of  the  council  may 

be  Impeached  for  bribery,  etc. 

64.  The  resolutions,  etc.,  of  the 

council  to  be  recorded. 

! 65.  State  may  be  divided  into  five 
districts,  each  to  elect  a coun- 
cillor. 

66.  Elections  may  be  adjourned. 

67.  Choosing  of  the  Secretary,  Treas- 

urer and  Commissary-Gene- 
ral. 

68.  Records  of  the  State. 

69.  Secretary  of  State  to  have  a 

deputy, 

70.  Secretary  shall  give  bond. 

71.  Election  of  county  treasurers, 

etc. 

I 72.  Two  districts  for  registering 
I deeds. 

73.  Judicial  officers  to  hold  office 
[ during  good  behavior. 

, 74.  May  require  opinions  of  the  jus- 
tices of  Superior  Court. 

75.  Commissions  of  justices  of  the 

peace  to  expire  in  five  years. 

76.  Marriage,  divorce  and  alimony. 

77.  Justices  of  the  peace,*  jurisdic- 

tion when  damages  shall  not 
exceed  one  hundred  dollars. 

78.  No  person  to  hold  office  after 

the  age  of  seventy. 

79.  No  judge  or  justice  of  the  peace 

to  act  as  attorney,  etc. 

80.  Judges  of  probate,  duties  of. 

81.  May  not  be  counsel  or  act  as 

advocate. 

82.  The  judges  of  the  courts  shall 

appoint  their  respective  clerks 
to  hold  office  during  their 
pleasure. 

83.  Encouragement  of  literature, 

etc. 

84.  Oath  of  office. 

85.  Oath  of  affirmation. 

86.  All  commissions  shall  be  in  the 

name  of  the  State  of  New 
Hampshire,  signed  by  the  Gov- 
ernor. 

87.  All  writs  the  same. 


cxliv 


INDEX. 


Section 

88.  How  indictments,  etc.,  shall  con- 

clude. 

89.  In  regard  to  suicide. 

90.  All  laws,  etc.,  to  remain  in 

force. 

91.  Privilege  of  habeas  corpus. 

92.  The  enacting  style. 

93.  No  Governor  or  judge  of  the 

Supreme  Judicial  Court  shall 
hold  any  office  or  place  of 
authority  under  this  State,  ex- 
cept. 

94.  No  person  shall  be  capable  of 

exercising  at  the  same  time 
more  than  one  of  the  following 
offices. 

95.  No  member  of  the  council  shall 

have  a seat  in  the  Senate  or 
House  of  Representatives. 

96.  Bribery,  etc.,  debars  from  office. 


Section 

97,  In  all  cases  where  sums  of 
money  are  mentioned  in  this 
Constitution,  the  value  thereof 
shall  be  computed  in  silver  as 
six  shillings  and  eight  pence 
per  ounce. 

98.  The  General  Court  to  fix  the 
time  and  alterations  when 
amendments  shall  take  effect. 

99.  In  regard  to  the  revision  of  the 

Constitution. 

100.  A convention  for  revising  the 

Constitution  may  be  called 
every  seven  years. 

101.  The  form  of  government  shall 

be  enrolled  on  parchment  and 
deposited  in  the  Secretary’s 
office. 

102.  Prohibition. 


NEW  JEKSEY. 


Article 

1.  Rights  and  privileges. 

2.  Right  of  suffrage. 

3.  Distribution  of  the  powers  of 

government. 

4.  Legislative. 

5.  Executive. 

6.  Judiciary. 

7.  Appointing  power  and  tenure  of 

office. 

8.  General  provisions. 

9.  Amendments. 

10.  Schedule. 

ARTICLE  I. 

Rights  and  Privileges. 

1.  All  men  are  by  nature  free  and 

have  certain  unalienable  rights. 

2.  All  political  power  is  inherent  in 

the  people. 

S.  Freedom  of  religious  thought  and 
worship. 

4.  There  shall  be  no  established  re- 

ligion. 

5.  Liberty  of  speech  and  of  the 

press. 

6.  Unreasonable  searches  and  seiz- 

ures prohibited. 


7.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

8.  No  person  shall  be  held  to  an- 

swer for  criminal  offenses  un- 
less on  the  presentment  or 
indictment  of  the  grand  jury. 

10.  No  person  shall  be  tried  twice 

for  the  same  offense. 

11.  Privileges  of  the  writ  of  habeas 

corpus. 

12.  The  military  shall  be  subordinate 

to  the  civil  power. 

13.  Quartering  of  soldiers. 

14.  Treason  against  the  State  de- 

fined. 

15.  Excessive  bail  shall  not  be  re- 

quired nor  cruel  punishments 
inflicted. 

16.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

17.  No  person  shall  be  imprisoned 

for  debt. 

18.  The  people  have  the  right  to  as- 

semble together  peaceably  for 
the  common  good. 

19.  No  county,  city,  etc.,  shall  loan 

its  credit. 


INDEX. 


cxlv 


20.  The  State  shall  not  appropriate 

money  or  donate  land,  etc. 

21.  This  enumeration  of  rights  and 

privileges  not  to  impair  other 
rights  retained  by  the  people. 

ARTICLE  II. 

The  Right  of  Suffrage. 

1.  Requirements  for  voters. 

2.  The  Legislature  may  pass  laws 

to  deprive  persons  of  the  right 
of  suffrage  who  may  be  con-  i 
victed  of  bribery.  I 

ARTICLE  III. 

Distribution  of  the  Poioers  of  Govern-  ! 
ment. 

1.  Divided  into  the  legislative,  ex- 
ecutive and  judicial. 

ARTICLE  IV. 

Legislative. 

Section  1. 

1.  Legislative  power  shall  be  vested 

in  the  Senate  and  General 
Assembly. 

2.  Those  who  are  eligible. 

3.  Election  of  the  same. 

Section  2. 

1,  The  Senate  shall  be  composed  of 

one  Senator  from  each  county 
In  the  State. 

2.  They  shall  be  divided  into  three 

classes. 

Section  3. 

1.  The  General  Assembly  elected 
annually. 

Section  4. 

1.  Vacancies,  how  filled. 

2.  Each  house  shall  be  judge  of  the 

elections  and  qualifications  of 
Its  own  members. 

3.  Each  house  shall  choose  its  own 

officers,  etc. 

4.  Each  house  shall  keep  a journal. 

5.  May  not  adjourn  for  three  days. 

6.  All  bills  to  be  read  three  times. 

7.  Pay  of  members. 

8.  When  members  are  privileged 

from  arrest. 

10 


Section  5. 

1.  No  member  of  the  Senate  or 

General  Assembly  shall  be 

elected  to  any  civil  office  dur- 
ing his  term. 

2.  No  member  of  the  Senate  or 

General  Assembly  shall  repre- 
sent the  State  at  Congress. 

3.  Other  State  officers  not  entitled 

to  a seat  in  the  Senate  or 

General  Assembly. 

Section  6. 

1.  All  bills  for  raising  revenue 

shall  originate  in  the  House  of 
Assembly. 

2.  No  money  shall  be  drawn  from 

the  treasury  but  by  appropria- 
tion. 

3.  The  credit  of  the  State  shall  not 

be  loaned. 

4.  The  Legislature  shall  not  create 

debts  or  liability,  etc. 

Section  7. 

1.  No  divorce  shall  be  gi  anted  by 

the  Legislature. 

2.  Lotteries  illegal. 

3.  No  bill  of  attainder  or  ex  post 

facto  law. 

4.  Every  law  shall  embrace  but  one 

object. 

6.  Every  law  of  this  State  shall 
begin  in  the  following  style, 

6.  The  fund  for  the  support  of  free 

schools,  etc. 

7.  No  private  or  special  law  to  be 

passed. 

8.  Private  property  taken  for  public 

use  or  just  compensation. 

9.  No  private,  special  or  local  bills 

shall  be  passed,  unless. 

10.  Foreclosure  of  mortgages. 

11.  The  Legislature  shall  not  pass 

private,  local  or  special  laws 
in  any  of  the  following  enu- 
merated cases. 

12.  Property  shall  be  assessed  for 

taxes  under  general  laws  and 
by  uniform  rules. 


cxlvi 


INDEX. 


Section  8. 

1.  Members  of  the  Legislature  to 

take  the  following  oath. 

2.  Oath  of  office. 

ARTICLE  V. 

Executive. 

1.  The  executive  power  shall  be 

vested  in  the  Governor. 

2.  Election  of  the  same. 

3.  His  term  of  office. 

4.  Requirements  for  Governor. 

6.  Remuneration  of  the  same. 

6.  He  shall  be  Commander-in-Chief 

of  the  military  and  naval 
forces  of  the  State. 

7.  Every  bill  to  be  signed  by  the 

Governor. 

8.  Those  whoi  may  not  hold  the 

office  of  Governor. 

9.  The  Governor  may  grant  re- 

prieves. 

10.  May  grant  pardons. 

11.  The  Governor  and  all  other  civil 

officers  under  this  State  liable 
to  impeachment. 

12.  In  case  of  the  absence  of  Gover- 

nor, his  duty  shall  devolve 
upon  the  president  of  the 
Senate. 

13.  In  case  of  impeachment  of  Gov- 

ernor his  duties  and  emolu- 
ments shall  devolve  upon  the 
president  of  the  Senate. 

14.  Other  cases  where  the  president 

of  the  Senate  shall  act  as  Gov- 
ernor. 

ARTICLE  VI. 

Judiciary. 

Section  1. 

1.  The  judicial  power  shall  be 
vested  In  the  Court  of  Error 
and  Appeals,  etc. 

Section  2. 

1.  To  consist  of  whom. 

2.  There  shall  be  a vacancy  every 

year. 

t.  The  compensation  of  the  six 
judges  thereof. 

4.  The  Secretary  of  State  shall  be 

clerk  of  this  court. 

5.  In  regard  to  an  appeal. 

6.  In  regard  to  a writ  of  error. 


Section  3. 

1.  The  House  of  Assembly  shall 

have  the  sole  power  of  im- 
peaching. 

2.  Any  judicial  officer  impeached 

shall  be  suspended  from  exer- 
cising his  office  until  his  ac- 
quittal. 

3.  Judgment  in  cases  of  impeach- 

ment shall  not  extend  farther 
than  removal  from  office. 

4.  The  Secretary  of  State  shall  be 

clerk  of  this  court. 

Section  4. 

1.  The  Court  of  Chancery  shall 

consist  of  a chancellor. 

2.  Who  he  shall  be. 

3.  May  appeal  from  the  Orphans’ 

Court. 

4.  The  Secretary  of  State  shall  be 

the  register  of  the  Corrobo- 
rative Court. 

Section  5. 

1.  The  Supreme  Court. 

2.  The  Circuit  Court. 

3.  Final  judgments  in  any  Circuit 

Court  may  be  brought  by 
writ  of  error  in  the  Supreme 
Court. 

Section  6. 

1.  Number  of  judges  in  the  inferior 

Court  of  Common  Pleas. 

2.  The  date  of  co-mmissions  for  the 

first  appointment  of  judges  of 
said  court. 

Section  7. 

1.  Justices  of  the  peace. — Number 

of. 

2.  Population  of  the  townships, 

how  ascertained. 

ARTICLE  VII. 

Appointing  Power  and  Tenure  of  Office. 
Section  1. 

1.  Legislature  shall  provide  by 

law  for  enrolling,  organizing 
and  arming  the  militia. 

2.  Captains,  subalterns,  etc.,  their 

election. 

3.  Field  officers. 


INDEX. 


cxlvii 


4.  Brigadier-generals. 

5.  Major-generals. 

6.  Governor  to  grant  commissions. 

7.  Governor  may  fill  vacancies 

caused  by  refusal  or  neglect. 

8.  Brigade  inspectors. 

9.  The  Governor  shall  appoint  all 

military  officers  whose  ap- 
pointment is  not  provided  for 
in  this  Constitution. 

10.  Staff  officers,  how  appointed. 

Section  2. 

1.  Certain  civil  officers  appointed 

by  the  Governor. — Term  of 
office. 

2.  Judges  of  the  Court  of  Common  i 

Pleas,  how  appointed. — Term  i 
of  office.  ! 

3.  State  Treasurer  and  Comptrol-  i 

ler,  how  appointed. — Term  of  ! 
office. 

4.  Other  civil  officers,  how  ap- 

pointed.— Term  of  office. 

5.  The  law  reporter.  — Term  of 

office. 

6.  Clerks  and  surrogates  of  coun- 

ties.— Term  of  office. 

7.  Sheriffs  and  coroners. — Term  of 

office. 

8.  Justices  of  the  peace. — Term  of 

office. 

9.  All  other  officers,  whose  ap- 

pointments are  not  otherwise 
provided  for  by  law  shall  be 
appointed  by  the  Governor. 

10.  All  civil  officers  elected  or  ap- 

pointed pursuant  to  the  pro- 
visions of  this  Constitution 
shall  be  commissioned  by  the 
Governor. 

11.  When  the  office  of  officers  com- 

mences. 

ARTICLE  VIII. 

General  Provisions. 

1.  The  Secretary  of  State  shall  be 


ex  officio  auditor  of  the  ac- 
counts of  the  Treasurer. 

2.  The  seal  of  State  shall  be  kept 

by  the  Governor. 

3.  All  grants  and  commissions  in 

the  name  of  the  State. 

4.  When  this  Constitution  shall  go 

into  operation. 

ARTICLE  IX. 

Amendments. 

Section 

1.  May  originate  in  either  house. 

ARTICLE  X. 

Schedule. 

1.  The  common  law  and  statute 

laws  now  in  force,  not  repug- 
nant to  this  Constitution, 
shall  remain  in  force,  etc. 

2.  In  regard  to  officers  now  filling 

any  office  or  appointment. 

3.  The  present  Governor,  Chancel- 

lor and  ordinary  or  Surro- 
gate-General and  Treasurer 
shall  continue  in  office  until 
successors  are  elected. 

4.  In  case  of  vacancy  in  the  office 

of  Governor,  how  filled. 

5.  The  vote  of  State  canvassers 

to  consist  of  whom. 

6.  The  returns  of  the  votes  for 

Governor. — How  disposed  of. 

7.  The  election  of  clerks  and  sur- 

rogates. 

8.  The  elections  for  the  year  1844. 

9.  Certain  vacancies  to  be  filled  by 

the  Governor. 

10.  Restrictions  and  pay  of  mem- 

bers of  Legislature. 

11.  Clerks  of  counties  shall  be 

clerks  of  inferior  Courts  of 
Common  Pleas,  etc. 

12.  The  Legislature  shall  pass  all 

laws  necessary  to  carry  into 
effect  the  provisions  of  this 
Constitution. 


cxlviii 


mDEX. 


NEW 

ARTICLE  I. 

Section 

1.  No  person  to  be  disfranchised. 

2.  Trial  by  jury. 

3.  Religious  liberty. 

4.  Writ  of  habeas  corpus. 

5.  Bail,  fines. 

6.  Grand  jury. 

7.  Private  property. — Private  roads. 

8.  Freedom  of  speech  and  of  the 

press. 

9.  Two-third  bills. 

10.  Right  of  petition. — Divorces. — 

Lotteries. 

11.  Right  of  property  in  lands. — 

Escheats. 

12.  Feudal  tenures  abolished. 

13.  Allodial  tenure. 

14.  Certain  leases  invalid. 

15.  Fines  and  quarter  sales  abol- 

ished. 

16.  Sale  of  lands. 

17.  Old  colony  laws  and  acts  of  the 

Legislature. — Common  law. — 

Commissioners  to  be  appointed 
— their  duties. 

18.  Grants  of  land  since  1775. — Prior 

grants. 

ARTICLE  II. 

1.  Qualification  of  voters. 

2.  Persons  excluded  from  right  of 

suffrage. — Challenge. — Laws  to 
be  passed  excluding  from  right 
of  suffrage. 

3.  Certain  employments  not  to  af- 

fect residence  of  voters. 

4.  Laws  to  be  passed. 

6.  Election  to  be  by  ballot. 

ARTICLE  III. 

1.  Legislative  powers. 

2.  Senators,  number  of. — Members 

of  Assembly,  number  of. 

8.  State  divided  into  thirty-two 
Senatorial  districts. — Bounda- 


YORK. 

1 Section 

I ries  thereof.  Board  of  super- 

visors of  the  city  of  New  York 
: to  divide  the  county  into  Sen- 

ate districts. — Certificate,  etc., 
to  be  filed. 

4.  Enumeration  to  be  taken  in  1855, 

and  every  ten  years. — Senate 
1 districts,  how  altered. 

5.  Members  of  Assembly,  number 

[ of,  and  how  apportioned  and 

chosen. — Boards  of  supervisors 
in  certain  counties  and  board 
, of  aldermen  in  New  York  city 

to  divide  the  same  into  Assem- 
bly districts. — Description  of 
; Assembly  districts  to  be  filed.— 

Contents  of  Assembly  districts. 
— Legislature  to  reapportion 
members  of  Assembly. — Each 
county  entitled  to  one  mem- 
ber.— Hamilton  county. — Coun- 
ties and  towns  may  be  divided 
' and  new  ones  erected. 

6.  Pay  of  members. 

7.  No  member  to  receive  an  ap- 

pointment. 

i 8.  Persons  disqualified  from  being 
members. 

9.  Time  of  election  fixed. 

10.  Powers  of  each  house, 
j 11.  Journals  to  be  kept. 

I 12.  No  member  to  be  questioned, 
etc. 

13.  Bills  may  originate  in  either 
house. 

! 14.  Enacting  clause  of  bills, 
i 15.  Assent  of  a majority  of  all  the 
i members  required,  etc. 

I 16.  Restriction  as  to  private  and 
local  bills. 

17.  Existing  law  not  to  be  made  a 
part  of  an  act  except  by  insert- 
ing it  therein. 

I 18.  Private  and  local  bills.  In  what 
cases  they  may  not  be  passed. 
— General  laws  to  be  passed.— 
Street  railroads,  condition  upon 


INDEX. 


cxlix 


Section  1 

which  they  may  be  author- 
ized. 

19.  The  Legislature  not  to  audit  or 

allow  any  private  claim. 

20.  Bill  imposing  a tax,  manner  of 

passing.  i 

21.  Same  subject. 

22.  Board  of  supervisors. 

23.  Local  legislative  powers  con-  : 

ferred  on  boards  of  supervis- 
ors. 

24.  No  extra  compensation  to  be 

granted  to  a public  officer,  ser- 
vant, agent  or  contractor.  j 

25.  Sections  seventeen  and  eighteen  ! 

not  to  apply  to  certain  bills. 

ARTICLE  IV. 

1.  Executive  power,  how  vested. 

2.  Requisite  qualifications  of  Gov- 

ernor. 

3.  Time  and  manner  of  electing 

Governor  and  Lieutenant-Gov- 
ernor. 

4.  Duties  and  power  of  Governor.— 

His  compensation. 

5.  Pardoning  power  vested  in  the 

Governor. 

6.  Powers  of  Governor  to  devolve 

upon  Lieutenant-Governor. 

7.  Requisite  qualifications  of  Lieu- 

tenant-Governor.— To  be  Presi- 
dent of  the  Senate  and  to  act 
as  Governor  in  certain  cases. 

8.  Compensation  of  Lieutenant- 

Governor. 

9.  Bills  to  be  presented  to  the  Gov- 

ernor for  signature. — If  re- 
turned by  him  with  objections, 
how  disposed  of. — Bills  to  be 
returned  within  ten  days. — 
After  adjournment,  bills  must 
be  approved  in  thirty  days, 
else  cannot  become  law. — Gov- 
ernor may  object  to  items  of 
appropriation  in  any  bill. 

ARTICLE  V. 

1.  State  officers,  how  elected  and 

terms  of  office. 

2.  State  Engineer  and  Surveyor, 

how  chosen  and  term  of  office. 

3.  Superintendent  of  Public  Works, 

powers  and  duties: 


Section 

4.  Superintendent  of  Prisons,  pow- 

ers and  duties  of. 

5.  Commissioners  of  the  Land  Of- 

fice.— Commissioners  of  the 
Canal  Fund. — Canal  Board. 

6.  Powers  and  duties  of  boards,  etc. 

7.  Treasurer  may  be  suspended  by 

Governor. 

8.  Certain  offices  abolished. 

ARTICLE  VI. 

1.  Impeachment.  — Assembly  has 

power  of. — Effect  of  judgment. 

2.  Court  of  Appeals. — Judges,  how 

chosen. — Appointment  of  clerk. 

3.  Vacancies  in  office  of  Judge  of 

Court  of  Appeals. — How  filled. 

4.  Causes  pending  in  Court  of  Ap- 

peals to  be  referred  to  Com- 
missioners of  Appeals. 

5.  Commissioners  of  Appeals. — ^Va- 

cancies, how  filled. — Chief 

Commissioner  to  be  appointed. 

6.  Supreme  Court. — Jurisdiction. — 

Justices.  — Judicial  districts, 
number  of  Justices  in;  may  be 
altered  without  increasing 
number.  Seven  Justices  to  be 
designated  to  act  as  Associate 
Judges  of  the  Court  of  Appeals 
for  the  time  being. 

7.  Terms  of  Supreme  Court. 

8.  Judge  or  Justice  may  not  sit  In 

review  of  decisions  made  by 
him,  etc. 

9.  Vacancy  in  office  of  Justice  of 

Supreme  Court,  how  filled. 

10.  Judges  of  Court  of  Appeals,  or 

Justices  of  Supreme  Court,  to 
hold  no  other  office. 

11.  Removals. — Proceedings  in  rela- 

tion to. 

12.  City  courts. 

13.  Justice  of  Supreme  Court  or 

Judges  of  City  Courts,  how 
chosen. — Term  of  office. — Re- 
striction as  to  age. 

14.  Compensation  of  Judges  or  Jus- 

tices.— Not  to  be;  diminished 
during  term  of  office. 

15.  County  Courts. 

16.  Local  judicial  officers. 

17.  Judge  of  Court  of  Appeals,  or 

Justice  of  Supreme  Court,  elec- 
tion or  appointment  of. — Ques- 


cl 


INDEX. 


Section  ) 

tions  to  be  submitted  to  the 
people. 

18.  Justices  of  the  Peace. 

19.  Inferior  local  courts. 

20.  Clerks  of  Supreme  Court  and 

Court  of  Appeals. 

21.  No  judicial  officer,  except  Justice 

of  the  Peace,  to  receive  fees. 

22.  Judgments,  etc.,  may  be  ordered 

directly  to  Court  of  Appeals 
for  review. 

23.  Publication  of  Statutes  to  be  pro- 

vided for. 

24.  Judges,  first  election  of. — ^When 

to  enter  upon  duties. 

25.  Local  judicial  officers. — Term  of 

office  of  incumbents. 

26.  Courts  of  Special  Sessions. 

27.  Surrogates’  Courts. 

28.  Court  of  Appeals  may  order 

causes  to  be  heard  by  Commis- 
sion of  Appeals. 

ARTICLE  VII. 

1.  Canal  debt. — Sinking  fund. — June 

1,  1846,  $1,300,000.— June  1,  1859, 
$1,700,000. 

2.  General  Fund  Debt. — Sinking 

fund,  $350,000;  after  certain  pe- 
riod, $1,500,000. 

3.  Two  hundred  thousand  dollars 

of  the  surplus  canal  revenues 
annually  appropriated  to  gen- 
eral fund,  and  the  remainder 
to  specific  public  works. — Cer- 
tain deficiencies  in  the  rev- 
enues not  exceeding  $2,250,000, 
annually  to  be  supplied  from 
the  revenues  of  the  canals. — 
Contractors,  no  extra  compen- 
sation to  be  made  to. 

4.  Loans  to  incorporated  companies 

not  to  be  released  or  compro- 
mised. 

6.  Legislature  shall,  by  equitable 
taxes,  increase  the  revenues 
of  the  sinking  fund  in  certain 
cases. 

6.  Certain  canals  of  the  State  not 

to  be  leased  or  sold. — Expend- 
itures, for  collections  and  re- 
pairs, limited. — Funds  from 
leases  or  sale,  how  applied. 

7.  Salt  springs. 


Section 

8.  Appropriation  bills. 

9.  State  credit  not  to  be  loaned. 

10.  Power  to  contract  debts  limited. 

11.  Debts  to  repel  invasion,  etc., 

may  be  contracted. 

12.  Limitation  of  the  legislative 

power  in  the  creation  of  debts. 

13.  Sinking  funds  to  be  separately 

kept  and  safely  invested. 

14.  Claims  barred  by  lapse  of  time. 

— Limitation  of  existing  claims. 

ARTICLE  VIII. 

1.  Corporations,  how  created. 

2.  Debts  of  corporations. 

3.  “Corporations”  defined. 

4.  Charters  for  savings  banks  and 

banking  purposes. 

5.  Specie  payments. 

6.  Registry  of  bills  or  notes. 

7.  Individual  responsibility  of 

stockholders. 

8.  Insolvency  of  banks,  preference. 

9.  Legislature  to  provide  for  the 

incorporation  of  cities  and  vil- 
lages, and  to  define  powers 
thereof  in  certain  cases. 

10.  The  credit  or  money  of  the  State 

not  to  be  given  or  loaned. 

11.  Counties,  cities,  towns  and  vil- 

lages not  to  give  money  or 
property  or  loan  their  money 
or  credit. — Their  pow'er  to  con- 
tract debts  limited. 

ARTICLE  IX. 

1.  Common  school.  Literature  and 
United  States  Deposit  funds. 

ARTICLE  X. 

1.  Sheriffs,  clerks  of  counties,  reg- 

ister and  clerk  of  New  Tork, 
coroners  and  district  attorneys. 
— Governor  may  remove. 

2.  Officers,  how  chosen  or  appoint- 

ed. 

3.  Duration  of  office. 

4.  Time  of  election. 

5.  Vacancies  in  office,  how  filled. 

6.  Political  year. 

7.  Removal  from  office. 

8.  When  office  deemed  vacant. 

9.  Compensation  of  certain  officers. 


INDEX. 


cli 


ARTICLE  XI. 

Section 

1.  Militia. 

2.  Manner  of  choosing  or  appoint- 

ing militia  officers. 

3.  Officers  to  be  appointed  by  Gov- 

ernor and  Senate. — Commis- 
sary-General. 

4.  Election  of  militia  officers. 

5.  Officers,  how  commissioned. 

6.  Election  of  militia  officers  maj' 

be  aboiished. 

ARTICLE  XII. 

1.  Oath  of  office  prescribed. 

ARTICLE  XIII. 

1.  Amendments. 

2.  Future  conventions,  how  called. 

ARTICLE  XIV. 

1.  Election. — Term  of  office  of  Sen- 

ators and  Members  of  Assem- 
bly. 

2.  First  election  of  Governor  and 

Lieu tenant-'Gover nor, i when. 

3.  State  officers,  and  others,  to  re- 

main in  office  till  December 
31,  1847. 

4.  First  election  of  judicial  officers, 

when. 


Section 

5.  Jurisdiction  of  pending  suits. 

6.  Chancellor  and  Supreme  Court. 

— Masters  in  Chancery. 

7.  Vacancy  in  office  of  Chancellor 

or  Justice  of  Supreme  Court, 
how  filled. 

8.  Offices  abolished. 

9.  Chancellor  and  Justices  of  pres- 

ent Supreme  Court  eligible. 

10.  Officers  to  hold  until  expiration 

of  term. 

11.  Judicial  officers  may  receive  fees. 

12.  Local  courts  to  remain,  etc. 

13.  When  Constitution  goes  Into 

operation. 

ARTICLE  XV. 

1.  Bribery  and  official  corruption. 

2.  The  same  subject. 

3.  Person  offering  or  receiving 

bribe  may  be  witness. 

4.  District  attorney  may  be  re- 

moved for  failure  to  prosecute 
violations. — Expenses  of  prose- 
cution, how  chargeable. 

ARTICLE  XVI. 

1.  Amendments,  when  to  take 
effect. 


NORTH  CAROLINA. 


ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  The  equality  and  rights  of  men. 

2.  Political  power  and  government. 

3.  Internal  government  of  the 

State. 

4.  That  there  is  no  right  to  se- 

cede. 

5.  Of  allegiance  to  the  United 

States  government. 

6.  Public  debt. 

7.  Exclusive  emoluments,  etc. 

8.  The  legislative,  executive  and 

judicial  powers  distinct. 

9.  Of  the  power  of  suspending 

laws. 

10.  Elections  free. 

11.  In  criminal  prosecutions. 


Section 

12.  Answers  to  criminal  charges. 

13.  Right  of  jury. 

14.  Excessive  bail. 

15.  General  warrants. 

16.  Imprisonment  for  debt. 

17.  No  person  to  be  taken,  etc.,  but 

by  the  law  of  the  land. 

18.  Persons  restrained  of  liberty. 

19.  Controversies  at  law  respecting 

property. 

20.  Freedom  of  the  press. 

21.  Habeas  corpus. 

22.  Property  qualifications. 

23.  Representation  and  taxation. 

24.  Militia  and  the  right  to  bear 

arms. 

25.  Right  of  the  people  to  assemble 

together. 


1 


INDEX. 


clii 

Section  , ' ' ' ; ' )]!  Il 

26.  Religious  liberty. 

27.  Education, 

28.  Elections  should  be  frequent, 

29.  Recurrence  to  fundamental  prin- 

ciples. 

30.  Hereditary  emoluments,  etc. 

31.  Perpetuities,  etc. 

32.  Ex  post  facto  laws. 

33.  Slavery  prohibited. 

34.  State  boundaries. 

35.  Courts  shall  be  open. 

36.  Soldiers  in  time  of  peace.  j 

37.  Other  rights  of  the  people.  I 

I 

ARTICLE  II.  i 

Legislatii'e  Dej)artment.  \ 

1.  Two  branches. 

2.  Time  of  assembling,  j 

3.  Number  of  Senators.  I 

4.  Regulations  in  relation  to  dis-  | 

tricting  the  State  for  Sena-  ; 
tors.  I 

5.  Regulations  in  relation  to  appor- 

tionment of  Representatives.  j 

6.  Ratio  of  representation.  ! 

7.  Qualifications  for  Senators.  j 

8.  Qualifications  for  Representa-  i 

tives,  i 

9.  Election  of  officers. 

10.  Powers  in  relation  to  divorce 

and  alimony. 

11.  Private  laws  in  relation  to  the 

names  of  persons,  etc. 

12.  Thirty  days  notice  shall  be  given 

anterior  to  passage  of  private 
laws. 

13.  Vacancies. 

14.  Revenue. 

15.  Entails. 

16.  Journals. 

17.  Protest. 

18.  Officers  of  tho  house. 

19.  President  of  the  Senate. 

20.  Other  senatorial  officers. 

21.  Style  of  the  acts. 

22.  Powers  of  the  general  assembly. 

23.  Bills  and  resolutions  to  be  read 

three  times,  etc. 

24.  Oath  for  members. 

25.  Term  of  office. 

26.  Yeas  and  nays. 


Section 

27.  Election  for  members  of  the 

general  assembly. 

28.  Pay  of  officers  and  members  of  / 

the  general  assembly.  ri 

28.  Extra  session.  ^ 

ARTICLE  III. 

Executive  Department.  ; i 

1.  Officers  of  the  executive  de-  | 

partment, 

1.  Terms  of  office. 

2.  Qualifications  of  Governor  and  ^ 

Lieutenant-Governor.  ! 

3.  Returns  of  elections. 

4.  Oath  of  office  for  Governor. 

5.  Duties  of  Governor.  < 

6.  Reprieves,  commutations  and 

pardons. 

7.  Annual  reports  from  officers  of 

executive  department  and  ' 

of  public  institutions.  J; 

8.  Commander-in-chief.  ; 

9.  Extra  sessions  of  general  assem-  i 

bly.  s 

10.  Officers  whose  appointments  are  _ 

not  otherwise  provided  for.  ; 

11.  Duties  of  Lieutenant-Governor. 

12.  In  case  of  impeachment  of  Gov-  ; 

ernor  or  vacancy  caused  by 
death  or  resignation.  f 

13.  Duties  of  other  executive  offi-  | 

cers.  1 

14.  Council  of  State.  | 

15.  Compensation  of  executive  of-  | 

fleers.  1 

16.  Seal  of  State.  | 

17.  Department  of  agriculture,  im-  f 

migration  and  statistics.  \ 

ARTICLE  IV.  J 

Judicial  Department. 

1.  Abolishes  the  distinctions  be-  | 

tween  actions  at  law  and  suits  5 

in  equity.  i 

1.  Feigned  issues  abolished.  j 

2.  Division  of  judicial  powers.  1 

3.  Trial  court  of  impeachment.  ^ 

4.  Impeachment.  ' « 

5.  Treason  against  the  State. 

6.  Supreme  Court  Justices. 

7.  Terms  of  the  Supreme  Court. 


INDEX. 


cliii 


Section 

8,  Jurisdiction  of  the  Supreme 

Court. 

9.  Claims  against  the  State. 

10.  Judicial  districts  for  Superior 

Courts. 

11.  Residence  of  judges.  Rotation 

of  judicial  districts.  And 
Special  Terms. 

12.  Jurisdiction  of  courts  inferior 

to  Supreme  Court. 

13.  In  case  of  waiver  of  trial  by 

jury. 

14.  Special  Courts  in  cities. 

15.  Clerk  of  Supreme  Court. 

16.  Election  of  Superior  Court 

Clerk. 

17.  Terms  of  office. 

18.  Pees,  salaries  and  emoluments. 

19.  What  laws  are  and  shall  be  in 

force. 

20.  Disposition  of  actions  at  law 

and  suits  in  equity  pending 
when  this  Constitution  shall 
go  into  effect,  etc. 

21.  Election,  term  of  office,  etc.,  of 

Supreme  and  Superior  Court 
Judges. 

22.  Transaction  of  business  in  the 

Superior  Courts. 

23.  Solicitors  for  each  judicial  dis- 

trict. 

24.  Sheriffs  and  coroners. 

25.  Vacancies. 

26.  Terms  of  office  of  first  officers 

under  this  article. 

27.  Jurisdiction  of  Justices  of  the 

Peace. 

28.  Vacancies  in  office  of  justices. 

29.  Vacancies  in  office  of  Superior 

Court  clerk. 

30.  Officers  of  other  courts  inferior 

to  Supreme  Court. 

31.  Removal  of  Judges  of  the  va- 

rious courts  for  inability. 

32.  Removal  of  clerks  of  the  va- 

rious courts  for  inability. 

33.  Amendments  not  to  vacate  ex- 

isting offices. 

ARTICLE  V. 

Revenue  and  Taxation. 

1.  Capitation  tax. 

1.  Exemptions. 


Section 

2.  Application  of  proceeds  of  State 

and  county  capitation  tax. 

3.  Taxation  shall  be  by  uniform 

rule  and  ad  valorem. 

4.  Restriction  upon  the  increase  of 

the  public  debt,  except  in  cer- 
tain contingencies. 

5.  Property  exemptions  from  taxa- 

tion. 

6.  Taxes  levied  by  County  Com- 

missioners. 

7.  Acts  levying  taxes  shall  state 

object,  etc. 

ARTICLE  VI. 

Sujfrage  and  Eiigibility  to  Office. 

1.  Qualifications  of  an  elector. 

2.  Registration  of  electors. 

3.  Elections  by  people  and  general 

assembly. 

4.  Oath  of  office. 

5.  Disqualification  for  office. 

Municij)al  Corporations. 

1.  County  officers. 

2.  Duties  of  County  Commission- 

ers. 

3.  Counties  to  be  divided  into  dist- 

ricts. 

4.  Said  districts  shall  have  corpo- 
rate powers  as  townships. 

5.  Officers  of  townships. 

6.  Trustees  shall  assess  property. 

7.  No  debt  or  loan  except  by  a 

majority  of  voters. 

8.  Drawing  of  money. 

9.  Taxes  to  be  ad  valorem. 

10.  When  officers  enter  on  duty. 

11.  Governor  to  appoint  Justices. 

12.  Charters  to  remain  in  force  un- 

til legally  changed. 

13.  Debts  in  aid  of  the  rebellion  not 

to  be  paid. 

14.  Powers  of  general  assembly 

over  municipal  corporations. 

ARTICLE  VIII. 
Corporations  Other  than  Municipal. 

1.  Corporations  under  general 

laws. 

2.  Debts  of  corporations,  how  se- 

cured. 

3.  What  corporations  shall  include. 

4.  Legislatures  to  provide  for  or- 

ganizing cities,  towns,  etc. 


cliv 


INDEX 


ARTICLE  IX. 

Education. 

Section 

1.  Education  shall  be  encouraged. 

2.  General  assembly  shall  provide 

for  schools. 

2.  Separation  of  the  races. 

3.  Counties  to  be  divided  into 

districts. 

4.  What  property  shall  be  devoted 

to  educational  purposes. 

5.  County  school  funds. 

5.  Proviso. 

_ 6.  Election  of  trustees  and  pro- 
vision for  maintenance  of  the 
university. 

7.  Benefits  of  the  university. 

8.  Board  of  education. 

9.  President  and  secretary. 

10.  Power  of  board. 

11.  First  session  of  board. 

12.  Quorum. 

13.  Expenses. 

14.  Agricultural  department. 

15.  Children  must  attend  school. 

ARTICLE  X. 

Homesteads  and  Exemptions. 

1.  Exemption. 

2.  Homestead. 

3.  Homestead  exempted  from  debt. 

4.  Laborer’s  lien. 

5.  Benefit  of  widow. 

6.  Property  of  a married  female 

secured  to  her. 

7.  Husband  may  insure  his  life  for 

the  benefit  of  wife  and  child- 
ren. 

8.  How  deed  for  homestead  may 

be  made. 


ARTICLE  XI. 

Punishments,  Penal  Institutions  and 
Public  Charities. 

Section 

1.  Punishments. 

1.  Convict  labor. 

1.  Proviso. 

2.  Death  punishmeht. 

3.  Penitentiary. 

4.  Houses  of  correction. 

5.  Houses  of  refuge. 

6.  The  sexes  to  be  separated. 

7.  Provision  for  the  poor  and  or- 

phans. 

8.  Orphan  houses. 

9.  Inebriates  and  idiots. 

10.  Deaf-mutes,  blind  and  insane. 

11.  Self-supporting. 

ARTICLE  XII. 

Militia. 

1.  Who  are  liable  to  militia  duty. 

2.  Organizing,  etc. 

3.  Governor,  commander-in-chief. 

4.  Exemptions. 

ARTICLE  XIII. 

Amendments. 

1.  Convention,  how  called. 

2.  How  Constitution  may  be  al- 

tered. 

ARTICLE  XIV. 
Miscellaneous. 

1.  Indictments. 

2.  Penalty  for  fighting  duel. 

3.  Drawing  money. 

4.  Mechanic’s  lien. 

5.  Governor  to  make  appointments. 

6.  Seat  of  government. 

7.  Holding  office. 

8.  Intermarriage  of  whites  and 

negroes  prohibited. 


INDEX. 


civ 


NORTH  DAKOTA. 


Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  by  nature  free  and 

have  certain  inalienable  rights. 

2.  All  political  power  is  inherent  in 

the  people. 

3.  The  State  is  inseparable  from 

the  Union. 

4.  Freedom  of  religious  belief  and 

worship. 

5.  Writ  of  habeas  corpus. 

6.  Bail  shall  be  accepted,  except 

for  capital  offenses. — Bail  shall 
not  be  excessive.  — Witnesses 
shall  not  be  unreasonably  de-  j 
tained.  | 

7.  Right  of  trial  by  jury.  j 

8.  Offenses  shall  be  prosecuted  j 

criminally  by  indictment,  or  j 
information.  | 

9.  Freedom  of  speech.  j 

10.  The  citizens  have  the  right  to  I 

assemble  together  in  a peace-  j 
able  manner  for  the  common  j 
good. 

11.  All  laws  of  a general  nature 

shall  have  a uniform  opera- 
tion. 

12.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

13.  Right  to  a speedy  and  public 

trial. — No  person  shall  be  put 
in  jeopardy  twice  for  the  same 
offense. 

14.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

15.  In  regard  to  imprisonment  for 

debt. 

16.  No  law  impairing  the  obliga- 

tions of  contracts  shall  be 
passed. 


Section 

17.  Slavery  and  involuntary  servi- 

tude illegal,  except  as  punish- 
ment for  crime. 

18.  Unreasonable  searches  and  seiz- 

ures not  tolerated. 

19.  Treason  against  the  State  de- 

fined. 

20.  Special  privileges  shall  not  be 

granted  to  a certain  class  of 
citizens  which  is  not  granted 
to  all. 

21.  Provisions  of  this  Constitution 

are  mandatory  and  prohibi- 
tory. 

22.  Right  and  justice  to  be  admin- 

istered without  sale  or  delay. 

23.  Malicious  interfering  with  those 

in  employment  and  those  seek- 
ing it. 

24.  To  guard  against  transgressions 

of  the  high  powers  which  we 
have  delegated,  we  declare 
that  everything  in  this  article 
is  excepted  out  of  the  general 
powers  of  government,  and 
shall  forever  remain  inviolate. 

ARTICLE  II. 

Legislative  Department. 

25.  Legislative  power  is  vested  In 

the  Senate  and  House  of 
Representatives. 

26.  Senate  to  contain  not  less  than 

thirty,  nor  more  than  fifty 
members. 

27.  Term  of  office  of  Senators. 

28.  Senator  must  be  a qualified 

elector. 

29.  The  division  of  the  State  Into 

senatorial  districts. 

30.  Senators  divided  into  two 

classes.  — Term  of  office  of 
each. 

31 . President  of  Senate  pro  tempore. 


INDEX. 


<jlvi 


Section 

32.  House  of  Representatives  shall 
contain  not  less  than  fifty,  nor 
more  than  one  hundred  and 
forty  members. 

53.  Representatives  elected  for  two 

years. 

34.  Qualifications  for  Representa- 

tive. 

35.  Beginning  with  1895,  and  every  I 

tenth  year  after,  an  enumera-  j 
tion  is  to  be  made  of  the  in-  i 
habitants  of  the  State.  | 

36.  The  House  of  Representatives  j 

shall  elect  one  of  its  members  | 
as  speaker. 

37.  Those  who  may  not  hold  two 

offices. — Exceptions. 

38.  Those  not  eligible  to  be  members 

of  the  General  Assembly. 

39.  No  member  of  the  Legislative 

Assembly  shall  be  elected,  nor 
appointed,  to  any  office  which 
was  created  during  his  term 
of  office. 

40.  Solicitation  of  bribery,  penalty 

of. 

41.  When  the  term  of  office  of  the  ; 

Assembly  shall  begin. 

42.  To  be  privileged  from  arrest 

during  the  session,  except  for  ‘ 
treason,  felony  and  breach  of 
the  peace. 

43.  Members  may  not  vote  on  any 

bill  in  which  they  have  a per- 
sonal interest  without  the 
consent  of  the  house. 

44.  Governor  to  fill  vacancies. 

45.  Compensation  of  members. 

46.  A majority  of  the  members  of 

each  house  shall  be  a quorum. 

47.  Each  house  shall  be  the  judge 

of  the  qualifications  of  its 
own  members. 

48.  The  powers  of  each  house. 

49.  Each  house  shall  keep  a journal,  j 
60.  The  sessions  are  to  be  open,  ex- 
cept in  special  cases. 

51.  As  to  adjournment. 

52.  Senate  and  House  shall  be  called  i 

the  Legislative  Assembly.  | 

63.  Time  of  meeting.  | 

54.  When  shall  vote  viva  voce.  i 


Section 

55.  Sessions  to  be  biennial. 

. 56.  Duration  of  sessions. 

57.  Origin  of  bills  may  be  in  either 

house,  and  may  be  amended 
by  either. 

58.  No  law  shall  be  passed  excej)t 

by  a bill  adopted  by  both 
houses. 

59.  Enacting  clause  of  every  law 

shall  be:  Be  it  enacted  by 

the  Legislative  Assembly  of 
the  State  of  North  Dakota. 

60.  When  a bill  for  the  appropria- 

tion of  money  may  be  intro- 
duced. 

61.  No  bill  to  contain  more  than  one 

subject. 

62.  The  general  appropriation  bill 

to  contain  what. 

63.  Every  bill  shall  be  read  three 

times. 

64.  In  regard  to  the  revision  of  a 

bill. 

65.  For  a bill  to  become  a law. 

66.  In  regard  to  the  signing  of  bills. 

67.  When  legislative  acts  are  to 

take  effect. 

68.  The  Legislative  Assembly  shall 

pass  all  laws  necessary  to 
carry  into  effect  all  the  pro- 
visions of  this  Constitution. 

69.  Local  or  special  laws  not  to  be 

passed  in  any  of  the  thirty- 
five  cases  enumerated. 

70.  In  regard  to  general  and  special 

laws. 

ARTICLE  III. 

Executim  Department. 

71.  Executive  power  vested  in  Gov- 

ernor. 

72.  Lieutenant-Governor  to  act  as 

Governor,  when. 

73.  Eligibility  for  office  of  Governor 

and  Lieutenant-Governor. 

74.  Election  of  the  same. 

75.  Governor  commander-in-chief  of 

military  and  naval  forces. — 
Has  power  to  convene  Legis- 
lature.— His  duties. 

76.  His  powers. 

77.  Lieutenant-Governor  to  be  presi- 

dent of  Senate. 


INDEX. 


civil 


Section 

78.  Governor  to  fill  vacancies  in 

certain  cases. 

79.  All  bills  to  be  presented  to  the 

Governor  for  his  signature 
before  becoming  a law. 

80.  He  may  disapprove  of  any  items 

in  a bill. 

81.  The  giving  and  receiving  of 

bribes  by  the  Governor,  the 
penalty. 

82.  The  choosing  of  other  State  offi- 

cers, qualifications  of  the  same 
and  place  of  holding  office. 

83.  Powers  and  duties  of  same  to 

be  prescribed  by  law. 

84.  Salaries  of  the  same. 

ARTICLE  IV. 

Judicial  Department. 

85.  Enumeration  of  State  courts. 

86.  Supreme  Court  shall  have  ap- 

pellate jurisdiction  only,  ex- 
cept as  provided. 

87.  Its  powers. 

88.  Number  of  terms  of. 

89.  To  consist  of  three  Judges. 

90.  Election  of. 

91.  Term  of  office. 

92.  The  Judges  of  Supreme  Court 

to  be  classified  by  lot. — The 
one  having  the  shortest  term 
to  be  Chief  Justice. 

93.  A clerk  and  reporter  of  Su- 

preme Court  to  be  appointed 
by  the  Judges  of  the  same. 

94.  Requirements  to  be  eligible  for 

Judge  of  Supreme  Court. 

95.  When  the  number  of  Judges 

may  be  increased. 

96.  Judges  shall  have  no  duties 

imposed  upon  them  but  such 
as  are  judicial. 

97.  The  style  of  process,  how  to  be. 

98.  Governor  to  fill  vacancies. 

99.  Compensation  of  Judges  of 

Supreme  Court. 

100.  In  case  a Supreme  Court  Judge 

being  interested  in  a cause,  a 
District  Court  Judge  shall 
take  his  place. 

101.  In  regard  to  a reversed  or  con- 

firmed decree. 


Section 

102.  The  court  is  to  prepare  a 

syllabus  of  the  points  adju- 
dicated in  each  case. 

103.  Jurisdiction  of  District  Court 

and  Judges. 

104.  State  divided  into  six  judicial 

districts. 

105.  Enumeration  of  districts. 

I 106.  How  judicial  districts  may  be 
increased. 

107.  To  be  eligible  for  office  of  Dis- 
trict Judge. 

I 108.  Clerk  of  the  District  Court, 
j 109.  Appeals  from  District  to  Su- 
preme Court  allowed  under 
certain  regulations. 

110.  County  Court  to  be  established. 

111.  Jurisdiction  of  County  Court, 

and  how  it  may  be  increased. 

112.  Justices  of  the  Peace,  number 

of,  jurisdiction  of. 

113.  Election  of  police  magistrates. 

114.  Appeals. 

115.  The  time  of  holding  courts  to 

be  prescribed  by  law. 

116.  Judges  of  District  Courts  may 

hold  court  in  other  districts 
than  their  own. 

117.  No  Judge  of  the  Supreme  or 

District  Courts  shall  act  as 
attorney  or  counsel-at-law. 

118.  Terms  of  courts,  how  fixed. 

119.  Judges  of  Supreme  or  District 

Courts  may  not  be  elected  nor 
appointed  to  any  other  than 
a judicial  office. 

120.  Tribunals  of  conciliation. 

ARTICLE  V. 

Elective  Eranchim. 

121.  Requirements  for  being  an 

elector. 

122.  Legislature  may  further  ex- 

tend suffrage. 

123.  Electors  to  be  privileged  from 

arrest  on  day  of  election. 

124.  General  elections  to  be  biennial. 

125.  Service  under  United  States 

does  not  cause  loss  of  resi- 
dence. 


clviii 


INDEX. 


Section 

126.  No  soldier,  seaman  or  marine 

of  the  United  States  shall  be 
deemed  a resident  of  this 
State  in  consequence  of  being 
stationed  therein. 

127.  Those  who  are  not  qualified  to 

vote. 

128.  All  women  who  are  eligible 

may  vote  on  all  school  mat- 
ters. 

129.  All  elections  by  the  people 

shall  be  by  secret  ballot. , 

ARTICLE  VI. 

Municipal  Corporations. 

130.  The  Legislative  Assembly  shall 

provide  by  general  law  for 
the  organization  of  municipal 
corporations. 

ARTICLE  VII. 

Corporations  Other  Than  Municipal. 

131.  Charters  of  incorporation  not 

to  be  granted,  changed  or 
amended,  except  in  certain 
cases. 

132.  In  regard  to  charters  and 

grants  existing  before  the 
adoption  of  this  Constitution. 

133.  The  Legislative  Assembly  shall 

not  remit  the  forfeiture  of  a 
charter. 

134.  Rights  of  eminent  domain  shall  ! 

never  be  abridged. 

135.  Rights  of  shareholders  in  vot- 

ing for  directors. 

136.  In  regard  to  foreign  corpora- 

tions. 

137.  No  corporation  shall  engage  In 

any  business  other  than  that 
authorized  in  its  charter. 

138.  For  what  stock  or  bonds  may 

be  issued  by  a corporation. 

139.  In  regard  to  street  railroads, 

telegraph  and  telephone  lines. 

140.  Regulating  railroad  corpora- 

tions. 

141.  Parallel  or  competing  railroads 

may  not  consolidate. 


Section 

142.  Rates  of  public  carriers  to  be 

fixed  by  law. 

143.  Railroads  have  the  right  to 

connect  with  and  cross  one 
another. 

144.  Definition  of  term  “corpora- 

tion,” as  used  in  this  article. 

145.  In  regard  to  banks  and  issuing 

bills,  etc. 

146.  Combinations  formed  for  con- 

trolling prices  illegal. 

ARTICLE  VIII. 

Education. 

147.  Unsectarian,  free  public  schools. 

148.  A uniform  system  to  be  estab- 

lished. 

149.  The  kind  of  instruction  to  be 

given. 

150.  Superintendent  of  schools  to  be 

elected  in  each  county. 

151.  The  Legislative  Assembly  to 

promote  education. 

152.  No  State  money  to  be  used  for 

the  support  of  any  sectarian 
school. 

ARTICLE  IX. 

School  and  Public  Lands. 

153.  The  principal  of  the  school 

fund  may  never  be  dimin- 

ished. 

154.  The  interest  of  this  fund  to  be 

used  for  the  support  of  the 
public  schools  of  the  State. 

155.  When  lands  granted  by  the 

United  States  to  the  State 

for  support  of  common  schools 
may  be  sold. 

156.  Who  constitute  “ The  Board 

of  University,  and  School 
Lands.” 

157.  The  board  of  appraisal. 

158.  In  regard  to  the  sale  of  public 

lands. 

159.  The  principal  of  all  funds  do- 

nated to  the  State  for  educa- 
tional or  charitable  pur- 
poses may  never  be  dimin- 

ished. 

160.  Appraisal  and  sale  of  land  do- 

nated. 


INDEX. 


clix 


Section 

161.  State  school  land  may  be 

leased  for  a term  of  not 
more  than  five  years. 

162.  How  school  fund  money  .shall 

be  invested. 

163.  In  regard  to  the  occupation 

and  improvement  of  public 
lands. 

164.  Lands  granted  by  the  United 

States  for  other  purposes 
than  those  in  sections  153-159, 
may  be  sold  by  the  State. 

165.  Embezzlement  of  school  fund. 

ARTICLE  X. 

County  and  Township  Organization. 

166.  Counties  which  are  added  to 

the  State. 

167.  Organization  of  new  counties. — 

Each  county  must  contain 
twenty  - four  congressional 
townships. 

168.  All  changes  of  county  boun- 

daries must  have  approval  of 
- a majority  of  the  electors  in 
the  county  to  be  changed. 

169.  County  seat,  removal  of  the 

same. 

170.  Organizing  townships. 

171.  County  government. 

172.  County  commissioners,  not 

more  than  five  nor  less  than 
three  in  number. 

173.  County  officers,  election  of. 

ARTICLE  XI. 

Revenue  and  Taxation. 

174.  Revenue  for  meeting  the  ex- 

penses of  the  State  to  be 
raised  each  year. 

175.  Taxation. 

176.  What  property  is  exempt  from 

taxation. 

177.  Improvements  ,on  land  to  be 

assessed  in  accordance  \vith 
section  179,  but  plowing  shall 
not  be  considered  an  improve- 
ment. 

178.  The  power  of  taxation  shall 

never  be  suspended. 

179.  How  property  shall  be  assessed. 

180.  Who  must  pay  a poll  tax. 

181.  Laws  to  be  passed  to  carry  out 

the  provisions  of  this  article. 


ARTICLE  XII. 

Public  Debt  and  Public  Works. 
Section 

182.  The  State  may  contract  debts 

not  to  exceed  $200,000. 

183.  The  limit  of  debt  not  to  exceed 

five  percentum  on  the  as* 
sessed  valuation  of  the  prop- 
erty in  each  county,  town- 
ship, town,  or  school  district. 

184.  How  the  debt  shall  be  paid. 

185.  The  State,  or  any  subdivision 

of  the  same,  may  not  loan 
its  credit. 

186.  No  State  money  to  be  paid  out 

except  by  appropriation  by 
law. 

187.  The  validity  of  a bond. 

ARTICLE  XIII. 

Miliiia. 

188.  To  consist  of  all  able-bodied 

male  persons  between  the 
ages  of  eighteen  and  fotrty- 
five  years. — Exceptions. 

189.  To  be  organized  as  provided  for 

by  law. 

190.  Volunteers  to  be  organized. 

191.  Appointment  of  militia  officers. 

192.  Commissioned  officers  to  be 

commissioned  by  the  Gover- 
nor. 

193.  Militia  forces  to  be  privileged 

from  arrest  except  in  certain 
cases. 

ARTICLE  XIV. 

Impeachment  and  ixemoxal  from  Office. 

194.  So'le  power  of  impeachment 

shall  be  in  the  House  of  Rep- 
resentatives. 

195.  An  impeachment  shall  be  tried 

by  the  Senate. 

196.  Those  liable  to  impeachment, 

and  for  what  offenses. 

197.  All  officers  not  liable  to  im- 

peachment shall  be  subject 
to  removal  for  misconduct. 

198.  No  officer  shall  exercise  duties 

of  office  after  impeachment, 
and  before  his  acquittal. 

199.  On  trial  of  impeachment 

against  the  Governor,  the 
Lieutenant-Governor  shall  not 
act  as  a member  of  the  court. 


clx 


INDEX. 


Section 

200.  No  person  shall  be  tried  on 

impeachment  before  he  shall 
have  been  served  with  a copy 
thereof  at  least  twenty  days 
before  day  set  for  trial. 

201.  Not  liable  to  impeachment 

twice  for  same  offense. 

ARTICLE  XV.  i 

future  Amendments.  ! 

1 

202.  How  amendments  may  be  j 

made.  j 

ARTICLE  XVI.  I 

• I 

Compact  icitli  the  United  States.  j 

203.  The  compact. 

204.  Jurisdiction  is  ceeded  to  the 

United  States  over  certain 
military  reservations. 

205.  Acceptance  of  grants  of  land 

by  the  State  from  the  United 
States. 

ARTICLE  XVII. 

Miscellaneous. 

206.  The  name  of  the  State  shall  be  ! 

North  Dakota. — Boundary  of  ; 
the  same. 

207.  Description  of  the  seal. 

208.  Rights  of  homestead.  i 

209.  Labor  of  children  under  twelve  | 

yea<rs  not  legal. 

210.  All  flowing  streams  and  natural  ' 

water  courses  forever  the  i 
property  of  the  State. 

211.  Oath  of  office. 

212.  Exchange  of  “Blacklists”  be-  i 

tween  corporations  shall  be  , 
prohibited. 

213.  Property  rights  of  women.  i 

ARTICLE  XVIII. 

Congressional  and  Legislatvce  j 

Apportionment. 

214.  Apportionment  into  districts.  I 

ARTICLE  XIX.  I 

Public  Institutions.  ' ^ 

215.  Location  of  the  same.  I 

216.  Location  of  other  institutions. 


ARTICLE  XX. 

Prohibition. 

Section 

217.  Intoxicating  liquors  not  to  be 
sold  in  the  State. 

SCHEDULE 

1.  In  regard  to  the  change  from 

Territorial  to  State  govern- 
ment. 

2.  All  Territorial  laws  now  in  force 

shall  remain  in  force  till  they 
expire,  or  are  repealed. 

3.  All  flnes,  etc.,  accruing  to  the 

Territory  shall  accrue  to  the 
States  of  North  and  South 
Dakota. 

4.  All  bonds,  obligations,  etc.,  exe- 

cuted to  the  Territory  shall 
pass  over  to  the  State. 

5.  All  property,  credit,  claims,  etc., 

belonging  to  the  Territory 
shall  pass  over  to  the  States 
of  North  and  South  Dakota. 

6.  Everything  pertaining  to  Terri- 

torial courts  is  to  pass  over 
to  State  courts. 

7.  The  Territorial  court  seals  are 

to  be  the  State  court  seals 
till  otherwise  provided  for  by 
law. 

8.  Probate  ..Courts.— Probate  judges 

to  act  as  County  Court  judges 
until  the  election  of  County 
Court  judges. 

9.  Terms,  “Probate  Court,”  and 

“probate  judges,”  appearing  in 
the  statutes  of  the  Territory, 
after  this  Constitution  goes 
into  effect,  shall  be  held  to 
apply  to  the  County  Courts  or 
county  judges. 

0.  All  Territorial,  county  and  pre- 
cinct officers  in  office  at  the 
time  this  Constitution  takes 
effect  shall  hold  their  offices 
till  their  successors  shall  be 
elected. 

L.  This  Constitution  shall  be  In 
full  force  immediately  upon 
the  admission  of  this  Territory 

as  a State. 


INDEX 


clxi 


Section 

12.  A proclamation  to  be  issued, 

calling  an  election  by  the  peo- 
ple. 

13.  Election  day  shall  then  be  ap- 

pointed. 

14.  Governor,  Secretary,  and  Chief 

Justice  shall  constitute  a 
court  of  canvassers  to  canvass 
the  vote  of  such  election. 

15.  All  officers  so  elected  shall, 

within  sixty  days  after  the 
date  of  admitting  the  State  of 
North  Dakota  into  the  Union, 
take  the  oath  required  by  this 
Constitution. 

16.  Term  of  office  of  judges  of  the 

District  Courts,  and  other 
State  officers. 


Section 

17.  The  Governor-elect  of  the  State. 

— His  duties. 

18.  Election  of  a representative  to 

the  Fifty-first  Congress. 

19.  The  Legislative  Assembly  at  ita 

first  session  is  to  provide  for 
the  payment  of  all  debts,  etc. 

20.  To  vote  for  or  against  prohi- 
, bition. 

21.  The  agreement  made  between 

North  and  South  Dakota. 

22.  In  regard  to  illegal  tax  sales. 

23.  The  signing  of  the  Constitution. 

24.  Appropriation  for  one-half  the 

expense  of  publishing  Terri* 
torial  reports. 

25.  Inauguration  of  State  govern- 

ment. 

26.  This  Constitution  to  be  pub- 

lished. 


OHIO. 


Article. 

1.  Bill  of  rights. 

2.  Legislative. 

3.  Executive. 

4.  Judicial. 

5.  Elective  franchise. 

6.  Education. 

7.  Public  institutions. 

8.  Public  debt  and  public  works. 

9.  Militia. 

10.  County  and  township  organiza- 

tion. 

11.  Apportionment. 

12.  Finance  and  taxation. 

13.  Corporations. 

14.  Jurisprudence. 

15.  Miscellaneous. 

16.  Amendments. 

Schedule. 

Preamble. 

ARTICLE  I. 

Bill  of  Bights. 

Section. 

1.  All  men  are  by  nature  free  and 

have  certain  inalienable  rights. 

2.  Political  power  inherent  in  the 

people. — Object  of  government, 
right  to  alter  and  reform  it. 

11 


Section. 

3.  The  people  have  the  right  to 

meet  together  peaceably  to 
consult  for  the  common  good. 

4.  Right  to  bear  arms  for  defense 

and  security. — Standing  arm- 
ies forbidden. — 'Military  subor- 
dinate to  civil  power. 

5.  Right  of  trial  by  jury. 

6.  Slavery  forbidden. 

7.  Religious  freedom;  test  oaths 

not  to  be  required,  witnesses 
not  to  be  excluded  on  account 
of  religion. 

8.  Writ  of  habeas  corpus. 

9.  Excessive  bail  and  fines  and 

cruel  punishments  forbidden. 

10.  Rights  of  persons  accused  of 

crimes,  witnesses,  counsel,  may 
not  be  tried  twice  for  the  same 
offense. 

11.  Freedom  of  speech  and  of  the 

press. — Trials  for  libel. 

12.  Transportation  for  crime  forbid- 

den.— Conviction  not  to  work 
corruption  of  blood  or  forfeit- 
ure of  estate. 

13.  Quartering  of  soldiers. 


clxii 


INDEX. 


Section 

14.  Exemption  from  illegal  seizures 
and  searches. 

16.  No  imprisonment  for  debt  in  any 
civil  action,  or  mesne  or  final 
process,  except  fraud. 

16.  Right  of  Justice  Courts  to  be 

open. 

17.  Hereditary  emoluments,  honors 

or  privileges  not  to  be  granted. 

18.  Laws  may  be  suspended  only  by 

General  Assembly. 

19.  Private  property  taken  for  pub- 

lic use  to  receive  just  compen- 
sation. 

20.  Other  rights  not  denied  or  im- 

paired, and  all  powers  not 
herein  delegated  to  remain 
with  the  people. 

ARTICLE  II. 

Legislature. 

1.  Legrislative  power  vested  In 

General  Assembly. — How  com- 
posed. 

2.  Senators  and  Representatives  to 

be  elected  biennially. 

8.  Residence  of  the  same. 

4.  Persons  holding  office  under  the 

United  States  or  lucrative  of- 
fices in  the  State,  not  eligible 
to  Legislature. — Exceptions. 

5.  Persons  convicted  of  embezzle- 

ment of  public  funds  and  non- 
accounting holders  of  public 
moneys  are  debarred  from 
office. 

I.  Each  house  to  judge  of  the  re- 
turns of  its  own  members. — 
Quorum. — Powers  of  the  mi- 
nority. 

T.  Organization  of  house  to  be  pre- 
scribed by  law. 

8.  Each  house  to  choose  its  own 
officers. — May  punish  members. 

— Power  of  expulsion. 

8.  Each  house  to  keep  a journal. — | 
rMajorityof  all  members  elected  | 
must  concur  in  the  passage  of  | 
laws.  I 

10.  Right  of  entering  protest  in  I 

Journal.  | 

11.  Vacancies  in  either  house,  how 

filled. 

12.  Privileges  of  Senators  and  Rep- 


Section 

resentatives  from  arrest,  free- 
dom of  debate. 

13.  Proceedings  to  be  public  unless 

two-thirds  require  secrecy. 

14.  Adjournments  restricted. 

15.  Bills  may  originate  in  either 

house. — They  shall  embrace 
but  one  subject. 

16.  Every  bill  shall  be  distinctly 

read. — No  bill  shall  contain 
more  than  one  subject. 

17.  Signature  of  bills  and  joint 

ed  must  concur  in  the  passage 
of  laws. 

18.  Style  of  laws. 

19.  Senators  and  Representatives 

not  eligible  to  certain  offices 
during  term  nor  for  one  year 
after. 

20.  General  Assembly  to  fix  terms 

of  office  and  compensation, 
salaries  not  to  be  affected  dur- 
ing term. 

‘ 21.  Contested  elections  to  be  deter- 
mined as  the  law  may  provide. 

22.  No  money  to  be  drawn  from  the 

Treasury  except  by  laws. 

23.  The  house  to  have  sole  power  of 

impeachment. — Tried  by  Sen- 
ate.— iConcurrence  of  two- 
thirds  necessary  for  convic- 
tion. 

24.  Officers  who  may  be  impeached, 

limit  of  judgments. 

25.  Beginning  of  sessions,  first  ses- 

sion. 

26.  General  laws  to  be  uniform  in 

their  operation. 

27.  The  election  of  officers  in  the 

filling  of  vacancies  not  other- 
wise provided  for,  to  be  made 
according  to  law. — The  vote  to 
be  viva  voce. 

28.  General  laws  to  be  passed  for 

certain  purposes. 

29.  Extra  compensation  to  contract- 

ors and  public  officers  forbid- 
den. 

30.  Limit  in  formation  of  counties, 

removal  of  county  seats. 

31.  Pay  of  officers  and  members  of 

General  Assembly  to  be  fixed, 
extra  pay  in  any  form  not  al- 
lowed. 

32.  Divorces  not  to  be  granted  by 

General  Assembly. 


INDEX. 


clxiii 


ARTICLE  III. 

Executive, 

Section 

1.  Officers  included  in  executive 

department. — Time  of  their 
election. 

2.  Terms  of  certain  officers  of  the 

same. 

3.  Election  of  return  of  officers  of 

the  same. — In  case  of  tie  how 
decided. 

4.  Proceeding  in  case  of  non-ses- 

sion.— The  General  Assembly 
January  next  after  election. 

5.  Supreme  executive  power  vested 

in  the  Governor. 

6.  He  may  require  information  of 

officers  in  the  executive  de- 
partment.— He  is  to  see  that 
the  laws  are  faithfully  exe- 
cuted. 

7.  He  is  to  communicate  by  mes- 

sage. 

8.  May,  on  extraordinary  occa- 

sions, convene  the  General  As- 
sembly. 

9.  May  adjourn  General  Assembly 

in  case  of  disagreement. 

10.  To  be  commander-in-chief  of 

militia. 

11.  Pardoning  power,  limited  in 

cases  of  treason  or  impeach- 
ment. 

12.  Great  seal  to  be  kept  by  Gov- 

ernor. 

13.  Grants  and  commissions,  how 

sealed  and  signed. 

14.  What  persons  may  not  act  as 

Governor. 

15.  In  case  of  vacancy,  the  duties  to 

devolve  on  Lieutenant-Gov- 
ernor. 

16.  Lieutenant-Governor  to  be  Presi- 

dent of  the  Senate.— Casting 
vote. — To  act  as  Governor  in 
case  of  vacancy. 

17.  President  of  Senate  to  act  as 

Governor  in  a certain  case. 

18.  Governor  may  fill  certain  offices 

*of  executive  department  till 
disability  is  removed  or  elec- 
tion held. 


Section 

19.  Pay  of  officers  of  executive  de- 

partment. 

20.  Officers  of  executive  department 

to  report  to  Governor  before 
each  regular  session  of  General 
Assem.bly. 

ARTICLE  IV. 

Judicial. 

1.  Judicial  power,  how  vested. 

2.  Supreme  Court,  how  composed, 

jurisdiction  and  terms,  elec- 
tion of  judges. 

3.  Nine  Common  Pleas  districts  to 

be  formed,  terms,  etc. 

4.  Jurisdiction  of  Courts  of  Com- 

mon Pleas  and  of  judges  to  be 
fixed  by  law. 

5.  District  Courts,  how  formed.— 

To  be  held  in  each  county. 

6.  Jurisdiction  of  District  Courts. 

7.  A Probate  Court  to  be  estab- 

lished in  each  county,  to  be  a 
Court  of  Record,  open  at  all 
times. — Salary  to  be  paid  by 
the  county. 

8.  Jurisdiction  of  Probate  Courts. 

9.  Justices  of  the  Peace  to  be 

elected,  terms  and  powers  to 
be  fixed  by  law. 

10.  All  judges  other  than  those  pro- 

vided in  the  Constitution  to  be 
elected. — Terms  not  to  exceed 
five  years. 

11.  Classification  of  judges  of  Su- 

preme Court. 

12.  Judges  of  the  Court  of  Common 

Pleas  to  reside  in  their  dis- 
tricts. 

13.  Vacancies  in  office  of  judge  to 

be  filled  by  Governor. 

14.  Salaries  of  judges  not  to  be  in- 

creased or  diminished,  they 
hold  no  other  office. 

15.  General  Assembly  may  increase 

or  diminish  number  of  judges, 
may  establish  other  courts,  but 
not  to  vacate  the  office  of  any 
judge. 

16.  Court  of  Common  Pleas  to  have 

a clerk  elected  from  each 
county,  his  terms  and  duties. 


clxiv 


INDEX. 


Section 

17.  Removal  of  judges  from  office. 

18.  Judges  to  have  powers  and  juris- 

diction of  Chambers,  as  may 
be  directed  by  law. 

19.  Courts  of  Concilliation  may  be 

established,  parties  to  agree  to 
abide  by  their  judgment. 

20.  Style  of  process. 

ARTICLE  V. 

Elective  Franchise. 

1.  Qualifications  of  electors. 

2.  Elections  to  be  by  ballot. 

3.  Privilege  of  electors  from  arrest 

at  elections. 

4.  Exclusion  from  voting  for  bri- 

bery, perjury  or  other  infa- 
mous crime. 

6.  Persons  in  military,  marine  or 
naval  service  not  to  acquire 
residence  by  being  officially 
stationed. 

6.  Idiots  and  insane  persons  may 
not  vote. 

ARTICLE  VI. 

Educaiion. 

1.  Funds  granted  or  intrusted  to 

State  for  educational  and  re- 
ligious purposes  to  be  invio- 
late. 

2.  Funds  to  be  provided  for  main- 

taining schools. — No  sect  to 
have  control  of  school  funds. 

ARTICLE  VII. 

Public  Institutions. 

1.  Institutions  for  Insane,  deaf  and 

dumb  to  be  fostered  and  sup- 
ported. 

2.  Election  of  Directors  of  Peniten- 

tiary and  trustees  of  other 
State  institutions  appointed  by 
Governor  and  Senate. 

8.  Governor  may  fill  vacancies  in 
offices  aforesaid  until  success- 
ors are  appointed. 

ARTICLE  VIII. 

Public  Debt  and  Public  Works. 

1.  Restrictions  on  the  formation  of 
State  debts. 


Section 

2.  Debts  to  repel  invasion  and  sup- 

press insurrection. — To  redeem 
present  indebtedness. — Debts 

payable  from  sinking  fund. 

3.  With  these  exceptions,  no  debts 

shall  be  created  by  the  State. 

4.  State  credit  not  to  be  given  or 

loaned. — May  not  become  a 
stockholder  in  any  company. 

5.  State  not  to  assume  county  or 

other  local  debts,  except  in 
time  of  war. 

6.  State  not  to  authorize  any 

county,  city  or  township  to  be- 
come a stockholder,  or  to  raise 
money  or  to  loan  credit  to  cor- 
porations. 

7.  Faith  of  State  pledge  for  pay- 

ment of  public  debt. — Sinking 
fund. 

8.  Commissioners  of  the  sinking 

fund,  how  organized. 

9.  Duties  of  these  commissioners,  to 

estimate  and  make  provision 
for  raising  and  disbursing  the 
fund. 

10.  Duty  to  apply  fund  to  the  pay- 

ment of  interest  and  principal 
of  debt. 

11.  To  report  semi-annually  to  the 

Governor. — To  report  to  Legis- 
lature. 

12.  Board  of  Public  Works. — Mem- 

bers to  be  elected. 

13.  Powers  and  duties  of  Board  of 

Public  Works  to  be  fixed  by 
law. 

ARTICLE  IX. 

Militia. 

1.  Persons  liable  to  military  duty. 

2.  Officers  elected  by  persons  sub- 

ject to  military  duty. 

3.  Appointment  of  staff  officers. — 

Non-commissioned  officers  and 
musicians. 

4.  Officers  to  be  commissioned  by 

Governor. — He  may  call  out 
militia,  execute  the  laws,  sup- 
press insurrection  and  repel 
Invasion. 

5.  General  Assembly  shall  provide 

by  law  for  the  safe  keeping 
and  protection  of  public  arms. 


INDEX. 


clxv 


ARTICLE  X. 

County  and  Towmdiiy  Organization. 

Section 

1.  General  Assembly  to  provide  for 

election  of  county  and  town- 
ship officers. 

2.  Time  of  elections. — Term  not  to 

exceed  three  years. 

3.  Sheriffs  and  county  treasurers, 

not  to  hold  more  than  four 
years  in  six. 

4.  Election  of  township  officers. — 

Time. — Towns. 

5.  Money  to  be  paid  from  county 

or  township  treasury  only  by 
law. 

6.  Removal  of  justices  of  the  peace 

and  county  and  township  offi- 
cers. 

7.  Powers  of  commissioners  and 

counties. — Trustees  of  town- 
ships are  to  be  fixed  by  law. 

ARTICLE  XI. 

Apportioornent . 

1.  To  be  made  once  in  ten  years 

after  1851. 

2.  Ratio  of  counties  for  Representa- 

tives.— How  adjusted. 

3.  Fractions. — How  assi^ed. — Rule 

prescribed. 

4.  Counties. — when  entitled  to  sepa- 

rate representation. — Changes 
only  to  be  made  at  regular  de- 
cennial periods.  i 

6.  Counties  falling  below  the  new  j 
ratios  to  be  attached  to  other 
counties  for  representation. 

6.  Ratios  for  Senators,  how  ascer- 

tained. 

7.  Present  Senatorial  districts. 

8.  Rule  for  apportioning  of  Sena- 

torial districts  to  be  similar  to 
that  for  Representatives. 

9.  Counties,  when  entitled  to  sepa- 

rate Senatorial  representation. 

10.  First  apportionment  of  Repre- 

sentatives to  be  as  provided  in 
schedule. 

11.  Governor,  Auditor  and  Secretary 

of  State  to  determine  the  ratio 
of  causes  to  be  published. — 
Judicial  apportionment. 


Section 

12.  Present  judicial  districts. 

13.  New  counties  to  be  attached  to 

such  districts,  as  may  be  most 
convenient. 

ARTICLE  XII. 

Finance  and  Taxation. 

1.  Poll  taxes  forbidden. 

2.  Taxation  to  be  uniform. — Public 

property  exempted. — Personal 
• property  to  what  extent  ex- 
empted. 

3.  Taxation  upon  banks  and  bank- 

ing. 

4.  Revenue  to  be  raised  sufficient 

to  defray  expenses  of  State 
and  interest  on  State  debt. 

6.  No  tax  to  be  levied  except  by 
law. — The  object  of  every  tax. 
Law  to  be  specified. 

6.  State  not  to  contract  debt  for 
internal  improvements. 

ARTICLE  XIII. 
Corporations. 

1.  General  Assembly  to  pass  no 

special  act  conferring  corporate 
powers. 

2.  Corporations  may  be  formed 

under  general  laws. — Such  laws 
may  be  altered  or  repealed. 

3.  Dues  from  corporations,  how  se- 

cured.— Liability  of  stockhold- 
ers. 

4.  Property  of  corporations  liable 

to  taxation  the  same  as  of  in- 
dividuals. 

5.  No  right  of  way  to  be  appropri- 

ated until  full  compensation 
in  money  is  paid. 

6.  Organization  of  cities  and  vil- 

lages by  general  laws. — Re- 
strictions upon  their  credit. 

7.  Laws  authorizing  banking  pow- 

ers to  be  submitted  to  the 
people. 

ARTICLE  XIV. 

Jurisprudence. 

1.  Three  commissioners  to  be  ap- 
pointed.— Their  tenure,  pay  and 
mode  of  filling  vacancies  to  be 
fixed. 


clxvi 


INDEX. 


Section 

2.  To  revise,  reform,  simplify  and 

abridge  the  practice,  pleadings, 
forms  and  proceedings  of 
Courts  of  Record. 

3.  Proceedings  of  Commissioners  to 

be  reported  to  General  Assem- 
bly. 

ARTICLE  XV. 

Miscellaneous. 

1.  Columbus  to  be  the  seat  of  gov- 

ernment until  otherwise  di- 
rected by  law. 

2.  Public  printing  to  be  let  on  con- 

tract to  the  lowest  responsible 
bidder. 

3.  Receipts  and  expenditures  to  be 

published. 

4.  None  but  electors  to  hold  office. 

5.  Duelling  to  disqualify  from  hold- 

ing office. 

6.  Lotteries  illegal. 

7.  Oath  of  office  to  be  taken  before 

entering  upon  duties. 

8.  Bureau  of  Statistics  to  be  estab- 

lished in  Secretary’s  office. 

ARTICLE  XVI. 

Amendments. 

1.  Amendments,  how  made  by  the 

General  Assembly. — To  be  sub- 
mitted to  the  people  at  elec- 
tions. 

2.  Conventions.— How  called  to  re- 

vise Constitution. 

3.  Question  of  a convention  to  be 

submitted  in  1871  and  every 
twentieth  year  thereafter. 

SCHEDULE. 

1.  Laws  in  force  September  1,  1S51, 

continued  until  amended  if  not 
Inconsistent  with  the  Consti- 
tution. 

2.  First  election  of  members  to  I 

General  Assembly.  j 

8.  First  election  for  Governor  and  j 
other  State  officers. — When  to  j 
take  office. 


Section 

4.  First  election  of  judges. — Terms. 

When  to  commence,  etc. 

6.  Certain  officers  not  otherwise 
provided  for  to  continue  in 
office  until  terms  expire,  unless 
otherwise  provided  by  the 
General  Assembly. 

6.  Superior  and  Commercial  Courts 

of  Cincinnati,  and  Superior 
Court  in  Cleveland  continued, 
but  not  after  second  Monday 
in  February,  1853. 

7.  County  and  township  cfficers 

continued  until  expiration  of 
terms. 

8.  Vacancies  in  office  after  Septem- 

ber 1,  1851,  to  be  filled  as  law 
now  directs,  etc. 

9.  Constitution  to  take  effect  Sep- 

tember 1,  1851. 

10.  All  officers  to  continue  until  suc- 

cessors are  chosen  and  quali- 
fied. 

11.  Suits  pending  in  Supreme  Court 

in  banc  to  be  transferred  to  the 
Supreme  Court  under  this  Con- 
stitution. 

12.  District  Courts  in  counties  to  be 

successors  of  the  present  Su- 
preme Court. 

13.  Courts  of  Common  Pleas  to  be 

successors  of  present  Courts  of 
Common  Pleas. 

14.  Probate  Courts  to  be  successors 

of  present"  Court  of  Common 
Pleas. 

15.  Elections  to  be  held  and  re- 

turned, as  provided,  for  Gov- 
ernor until  otherwise  pro- 
vided by  law. 

16.  Where  two  counties  adjourn,  the 

returns  to  be  made  to  the 
county  having  the  largest 
population. 

17.  Constitution  to  be  submitted  to 

the  electors. 

18.  Separate  submission  of  license 

question. 

19.  Present  apportionment  of  House 

of  Representatives. 


INDEX. 


clxvii 


OREGON. 


Articles 

1.  Bill  of  rights. 

2.  Suffrage  and  elections. 

3.  Distribution  of  powers. 

4.  Legislative  department. 

6.  Executive  department. 

€.  Administrative  department. 

7.  Judicial  department. 

8.  Education  and  school  lands. 

9.  Finance. 

10.  Militia. 

11.  Corporations  and  internal  im- 

provement. 

12.  State  printer. 

13.  Salaries. 

14.  Seat  of  government. 

16.  Miscellaneous. 

16.  Boundaries. 

17.  Amendments. 

18.  Schedule. 

Preamble. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  All  men  are  of  equal  rights. 

2.  Religious  worship. 

3.  Religious  opinion. 

4.  Religious  test. 

6.  State  money  shall  not  be  given 
to  any  religious  sect  or  denomi- 
nation. 

6.  Witnesses. 

7.  Oath  or  affirmation. 

8.  Freedom  of  speech. 

9.  Searches,  seizures  and  warrants. 

10.  Courts  not  to  be  secret. 

11.  Rights  of  defendant. 

12.  Not  to  be  tried  twice  for  same 

crime. 

15.  Treatment  of  persons  under  ar- 

rest. 

14.  Bail. 

15,  Punishment  of  crime. 

18.  Excessive  bail  and  fines. — Pow- 
er of  jury  in  criminal  cases. 

17.  Civil  cases. — Right  of  trial  by 
jury  shall  be  inviolate. 


Section 

18.  Private  property  taken  for  pub- 

lic use. 

19.  Imprisonment  for  debt. 

20.  Exclusive  privileges  shall  not 

be  granted  to  any  class  of  cit- 
izens. 

21.  What  laws  shall  not  be  passed. 

22.  How  laws  may  be  suspended. 

23.  Habeas  corpus. 

24.  Treason  against  the  State,  evi- 

dence of. 

No  conviction  shall  work  cor- 
ruption of  blood  or  forfeiture 
of  estate. 

26.  The  people  shall  have  the  right 

to  assemble  together  in  a 
peaceable  manner  for  the  com- 
mon good. 

27.  The  right  to  bear  arms. 

28.  Quartering  soldiers. 

29.  Titles  of  nobility. 

30.  Emigration. 

31.  Rights  of  white  foreigners. — 

What  emigration  may  be  re- 
strained. 

32.  Taxes  and  duties. 

33.  Enumeration  of  rights,  how  con- 

strued, 

34.  Prohibition  of  slavery. 

35.  Free  negroes  and  mulattoes. 

ARTICLE  II. 

Suffrage  and  Elections. 

1.  Elections  free. 

2.  Qualifications  of  voters. 

3.  Idiotic,  insane  or  convict  per- 

sons not  voters. 

4.  Residence. 

5.  Soldier.,.,  seamen  or  marines  may 

not  vote. 

6.  Negroes,  Chinamen  or  mulattoes 

may  not  vote. 

7.  Bribery  at  elections  disqualifies 

from  holding  office. 

8.  Laws  concerning  elections. 


clxviii 


INDEX. 


Section 

9.  Duels,  disqualify  from  holding 
any  office  of  trust  or  profit. 

10.  Lucrative  offices. 

11.  Collector,  when  ineligible  to  of- 

fice. 

12.  Appointment  pro  tempore. 

13.  When  electors  are  free  from 

arrest. 

14.  General  elections  to  be  held  bi- 

ennially. 

16.  Votes  to  be  given  viva  voce. 

16.  Plurality  shall  elect. 

17.  Electors. 

ARTICLE  III. 

Dhtrihution  of  Poicem. 

1.  Powers  of  government. 

ARTICLE  IV. 

Ler/islative  Depar tmen t. 

1.  Legislative  authority. — Style  of 

a bill. 

2.  The  Senate  shall  consist  of  six- 

teen and  the  House  of  thirty- 
four  members. 

8.  By  whom  chosen. 

4.  Terms  of  senators  and  repre- 
I sentatives.  — Senators,  how 

classified. 

5.  Census  to  be  taken  every  ten 

years. 

6.  Apportionment. 

7.  Senatorial  districts. 

8.  Qualifications  of  senators,  etc. 

9.  Senators,  when  they  are  to  be 

free  from  arrest. — Words  ut- 
tered in  debate. 

10.  Sessions  of  the  Legislative  As- 
I aiembly. 

11.  Election  of  officers. — Judge  of 

qualifications  of  members,  etc. 

12.  Quorum. 

13.  Each  house  to  keep  a journal. — 

Yeas  and  nays. 

14.  Open  doors. — When  sessions  may 

be  secret. 

15.  Punishment  and  expulsion  of 

members. 

16.  Punishment  of  a person  not  a 

member. 

17.  General  powers. 

18.  Bills  may  originate!  in  either 

house. 


Section 

19.  Reading  of  bills  and  vote  o» 

final  passage. 

20.  Subject  and  title  of  act. 

21.  Act  to  be  plainly  worded. 

22.  Mode  of  revision  or  amendment. 

23.  What  local  or  special  laws  may 

not  be  passed. 

24.  Suit  against  the  State. 

25.  Majority  necessary  to  pass  n 

bill. — Bill  to  be  signed  top 
speaker. 

26.  Protest. 

27.  What  statute  a public  law. 

28.  When  act  is  to  take  effect. 

29.  Compensation  of  members. 

30.  When  members  are  not  eligible 

to  office. 

31.  Oaths  of  members. 

ARTICLE  V. 

Exec  u tixe  Depa  rtment. 

1.  Executive  power  vested  in  th<i 

Governor. — Term  of  office. 

2.  Qualificadons  of  Governors. 

3.  Who  not  eligible. 

4.  Election  of  Governor. 

5.  In  case  of  a tie  how  decided. 

6.  Contested  elections. 

7.  Term  of  office. 

8.  In  case  of  vacancy  or  disability. 

9.  Governor  commander-in-chief  of 

military  and  naval  forces  cA 
the  State. 

10.  To  take  care  that  the  laws  aro 

executed. 

11.  He  shall,  from  time  to  tim*, 

give  the  Assembly  information. 

12.  He  may  convene  the  Legislaturt. 

13.  To  transact  all  necessary  busi- 

ness with  officers. 

14.  May  grant  reprieves  and  pw- 

dons. 

15.  Veto  power. — Reconsideration.— 

Vote  to  be  by  yeas  and  nays. 

16.  Governor  to  fill  vacancies  by 

appointment. 

17.  He  shall  issue  writs  of  election. 

18.  Commissions. 

ARTICLE  VI. 

AdminiHtmtke  Department. 

1.  Election  of  Secretary  and  Tresji- 
urer  of  State. 


INDEX. 


clxix 


Section 

2.  Secretary  of  State. 

3.  Seal  of  State. 

4.  Power  and  duties  of  Treasurer. 

6.  Office  and  records  of  executive 

officers. 

6.  County  officers. 

7.  Other  officers. 

8.  Qualifications  of  county  officers. 

9.  Vacancies. 

ARTICLE  VII. 

Judicial  Department. 

1.  Judicial  power  of  the  State,  in 

whom  vested.  — Municipal 
Court. 

2.  Supreme  Court,  Justices  of. 

3.  Term  of  office. 

4.  Vacancy. 

6.  Who  to  be  Chief  Justice. 

6.  Jurisdiction  of  Supreme  Court. 

7.  Terms  of  Supreme  Court. 

8.  Circuit  Courts. 

9.  Jurisdiction  of  Circuit  Courts. 

10.  When  the  Supreme  and  Circuit 

Judges  may  be  elected  in  dis- 
tinct classes. — Duties  of. 

11.  County  Court. 

12.  Jurisdiction. — Commissioriersi  of 

County  Courts. 

13.  Writs  granted  by  County  Judges. 

— Habeas  corpus. 

14.  Expenses  of  court  in  certain 

counties. 

16.  Election  of  County  Clerk,  etc. — 
Legislature  may  divide  the 
duties  of  County  Clerk. 

16.  Sheriff. 

17.  Prosecuting  attorneys. 

18.  Jurors. 

19.  Official  delinquencies. 

20.  Removal  of  judges. 

21.  Oath  of  office. 

ARTICLE  VIII. 

Education  and  School  Lands. 

1.  Superintendent  of  Public  In- 

struction. 

2.  Common  school  fund. 

3.  System  of  common  schools. 

4.  Distribution  of  school  funds. 

6.  Board  of  commissioners  for  sale 
of  school  lands. 


ARTICLE  IX. 

Finance. 

Section 

1.  Assessment  and  taxation. 

2.  Current  expenses. 

3.  Law  levying  taxes. 

4.  Money  to  be  drawn  from  treas- 

ury only  by  appropriation. 

5.  Publication  of  receipts  and  ex- 

penses. 

6.  Tax  for  deficiency. 

7.  Appropriations. 

j 8.  Stationery,  how  furnished. 

ARTICLE  X. 

Militia. 

1.  Militia. 

2.  Who  are  exempt. 

3.  Governor  to  appoint  Adjutant- 

General  and  other  chief  of- 
ficers. 

4.  Staff  officers. — Governor  to  com- 

mission. 

5.  Legislature  to  make  regulations 

for  militia. 

ARTICLE  XI. 

Corporations  and  Internal  Improve- 
ments. 

1.  Prohibition  of  banks. 

2.  Corporations  to  be  formed  under 

general  laws. — Municipal  cor- 
porations. 

3.  Liability  of  stockholders. 

4.  Compensation  for  property  taken 

by  corporations. 

5.  Restrictions  upon  municipal  cor- 

porations. 

6.  State  not  to  be  a stockholder  in 

a corporation. 

7.  Credit  of  the  State  not  to  bs 

loaned. — The  power  of  con- 
tracting debts. 

8.  State  not  to  assume  county 

debts,  unless. 

9.  Municipal  corporations. 

10.  Limitations  upon  powers  to  con- 
tract debts  by  counties. 

ARTICLE  XII. 

State  Printer. 

1.  State  printer. — The  rates  to  be 
paid  him  to  be  fixed  by  law. 


clxx 


INDEX. 


ARTICLE  XIII. 

Salaries. 

Section  j 

1.  Salaries  of  State  officers. — They 
shall  receive  no  fees.  I 

ARTICLE  XIV.  i 

Seal  of  Uoverninenl.  [ 

1.  Taxation  of  seat  of  government.  I 

2.  State  house.  i 

3.  Seat  of  government,  how  re-  i 

moved. — Taxation  of  public  in- 
stitutions. 

ARTICLE  XV. 

Miscellaneous. 

1.  Officers  to  hold  office  till  suc- 

cessors are  elected. 

2.  Tenure  of  office. 

3.  Oath  of  office. 

4.  Lotteries  are  prohibited. 

5.  Property  of  married  women. 

6.  New  counties. 

7.  Officers  to  receive  fee  in  certain 

cases. 

8.  Chinamen  not  to  hold  real  es- 

tate or  work  mining  claims, 
unless. 

ARTICLE  XVI. 

Boundaries. 

1.  Boundaries  of  State. 


ARTICLE  XVII. 

Amendments. 

Section 

1.  Amendments  to  Constitution. 

2.  Two  or  more  amendments. 

ARTICLE  XVIII. 

Schedule. 

1.  Election  for  acceptance  or  rejec- 

tion of  the  Constitution. 

2.  Questions. — Returns  of  election. 

3.  When  Constitution  to  be  accept- 

ed or  rejected. 

4.  If  majority  of  votes  cast  for 

slavery,  then  this  section  to  be 
added  to  bill  of  rights. — ^If  ma- 
jority of  votes  given  against 
slavery. 

5.  Apportionment  of  Senators  and 

Representatives. 

6.  Election,  under  the  Constitution 

and  organization  of  the  State. 

7.  Former  laws. 

8.  Officers  to  continue  in  office 

until. 

9.  Crimes  against  the  Territory. 

10.  Saving  of  existing  rights  and 

liabilities. 

11.  Judicial  districts. 


PENNSYLVANIA. 


ARTICLES. 

Article 

1.  Declaration  of  rights. 

2.  The  Legislature. 

3.  Legislation. 

4.  The  executive. 

5.  The  judiciary. 

6.  Impeachment  and  removal  from 

office. 

7.  Oath  of  office. 

8.  Suffrage  and  elections. 

9.  Taxation  and  finance. 

10.  Education. 

11.  Militia. 

12.  Public  officers. 

13.  New  counties. 

14.  County  officers. 

16.  Cities  and  city  charters. 

16.  Private  corporations. 


17.  Railroads  and  canals. 

18.  Future  amendments. 

Schedule. 

Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  Equality  and  rights  of  men. 

2.  Political  powers  inherent  in  the 

people. 

3.  Freedom  of  religious  thought 

and  worship. 

4.  Religious  opinions  not  to  dis- 

qualify for  holding  office. 

5.  Freedom  of  elections. 

6.  Trial  by  jury. 

7.  Freedom  of  the  press. 


INDEX. 


clxxi 


Section 

8.  Searches  and  seizures  limited. 

9.  Rights  of  defense  and  privi- 

leges in  criminal  prosecutions. 

10.  Criminal  informations  limited. — 

Twice  in  jeopardy. 

11.  Justice  to  be  free  and  without 

sale. 

12.  Limitations  upon  suspension  of  i 

laws. 

13.  Excessive  bail  or  fines  and  cruel  | 

punishment  forbidden.  j 

14.  Bail  to  be  accepted. — Habeas  j 

corpus.  j 

15.  No  commission  of  Oyer  and  Ter-  j 

miner.  | 

16.  Imprisonment  o'f  insolvent  debt- 

ors limited. 

17.  Laws  ex  post  facto,  etc.,  for- 

bidden. 

18.  No  legislative  attainder  of  trea- 

son or  felony. 

19.  Attainder  shall  not  work  cor- 

ruption of  blood  or  forfeiture 
beyond  life. 

20.  Rights  of  meeting  and  petition. 

21.  Right  to  bear  arms. 

22.  Military  subordinate  to  civil 

power. 

23.  Quartering  troops  in  houses. 

24.  No  title  of  nobility,  etc. 

25.  Emigration  permitted. 

26.  Everything  in  this  article  ex- 

cepted from  the  powers  of 
government. 

ARTICLE  II. 

The  Legislature.  • 

1.  The  legislative  power  vested. 

2.  Biennial  elections. 

3.  Legislative  terms. 

4.  Biennial  meetings. 

5.  Qualifications  of  Senators  and 

Representatives. 

6.  Disqualification  for  appointment 

to  office. 

7.  Conviction  of  certain  crimes  to 

disqualify. 

8.  Compensation. 

9.  Presiding  officers. 

10.  Quorum. 

11.  Powers  of  each. 

12.  Each  house  to  keep  a journal. 


Section 

13.  Sessions  to  be  open. 

14.  Adjournments. 

15.  Privileges  of  members. 

16.  Senatorial  districts. 

17.  Representative  districts. 

18.  Apportionments. 

ARTICLE  III. 

Legislation. 

1.  Passage  of  bills. 

2.  Reference  and  printing. 

3.  Bills  to  contain  but  one  subject. 

4.  To  be  read  on  three  days.  — 

Amendments  to  be  printed. — 
Yeas  and  nays. 

5.  Votes  concurring  in  amend- 

ments to  be  yeas  and  nays. 

6.  Revival  of  law. 

7.  Limitation  on  special  legisla- 

tion, etc. 

8.  Notice  of  local  or  special  bills. 

9.  Signing  of  bills  by  presiding 

officers. 

10.  Legislative  officers. 

11.  No  extra  compensation  to  offi- 

cers or  contractors. 

12.  Public  printing. 

13.  No  extension  of  official  terms  or 

Increase  of  pay. 

14.  Revenue  bills. 

15.  Appropriation  bills. 

16.  Payments  of  moneys  from  the 

treasury. 

17.  Appropriations  to  charitable  in- 

stitutions. 

18.  Appropriations  for  charitable 

purposes,  etc.,  limited. 

19.  Appropriations  for  widows  and 

orphans  of  soldiers. 

20.  Power  over  municipal  adminis- 

tration not  to  be  delegated. 

21.  No  limitation  of  damages  for 

certain  injuries. — Nor  of  times 
for  bringing  suits. 

22.  Investment  of  trust  funds. 

23.  Changes  of  venue. 

24.  No  obligation  of  corporations  to 

the  State  to  be  released. 

25.  Limitations  of  legislative  power 

at  sessions. 

26.  Concurrent  orders,  resolutions 

and  votes  to  be  presented  to 
the  Governor. 


<jlxxii 


INDEX. 


Section 

27.  No  State  inspectors  of  merchan- 

dise. 

28.  Changing  location  of  State  capi- 

tol. 

29.  Bribery  of  members. 

30.  Bribery  of  officers. 

31.  Corrupt  solicitation  to  be  pun- 

ished by  fine  and  imprison- 
ment. 

32.  Witnesses  to  testify  in  cases  of 

bribery,  etc. — Punishment. 

33.  Interested  members  shall  not 

vote. 

ARTICLE  IV. 

The  Executive. 

1.  Executive  officers. 

2.  Governor. — His  election. 

3.  His  term. 

4.  Lieutenant-Governor. 

5.  Qualifications  of  Governor  and 

Lieutenant-Governor. 

6.  Congressmen,  etc.,  disqualified. 

7.  Governor  to  command  militia. 

8.  Powers  of  Governor  to  appoint 

with  consent  of  Senate.  — To 
fill  vacancies. — Votes  to  be  re- 
corded. 

9.  Pardoning  power. 

10.  Governor  may  require  informa- 

tion. 

11.  Shall  give  information  and  re- 

commend measures  to  General 
Assembly. 

12.  May  convene  General  Assembly, 

and  adjourn  the  two  houses 
when  they  disagree. 

13.  Lieutenant-Governor  to  act  as 

Governor. 

• 14.  President  pro  tempore  of  the 
Senate. 

15.  Approval  of  bills. — Veto  of  bills. 

— Retained  bills  to  become  law. 

16.  A partial  veto  allowed  on  ap- 

propriation bills. 

17.  Chief  justice  to  preside  on  trial 

of  contested  election  of  Gov- 
ernor or  Lieutenant-Governor. 

18.  Secretary  of  Commonwealth. 

19.  Secretary  of  Internal  Affairs. 

20.  Superintendent  of  Public  In- 

struction. 


Section 

21.  Terms  of  heads  of  departments. 

22.  Seal  of  State. — Commissions  to 

be  signed  and  sealed. 

ARTICLE  V. 

Judiciary. 

1.  The  courts. 

2.  The  Supreme  Court. — Tenure  of 

judges. — Chief  justice. 

3.  Jurisdiction  of  Supreme  Court. 

4.  Court  of  Common  Pleas.  — Dis- 

tricts not  to  contain  more 
than  four  counties. 

5.  Judicial  districts. — Office  of  asso- 

ciate judge  abolished. 

6.  Common  Pleas  courts  in  Phila- 

delphia and  Allegheny. 

7.  Prothonotary  in  Philadelphia. — 

Separate  dockets  for  courts. 

8.  Criminal  courts  in  Philadelphia 

and  Allegheny. 

9.  Jurisdiction  of  Common  Pleas 

judges. 

10.  May  issue  writs  of  certiorari 

to  inferior  courts. 

11.  Justices  of  the  peace  and  aider- 

men. 

12.  Magistrates  in  Philadelphia. 

13.  Fees  and  fines  to  be  paid  to  the 

county  treasury. 

14.  Appeals  from  summary  convic- 

tion. 

15.  Election  and  term  of  judges. — 

Removal. 

16.  Election  of  judges  of  Supreme 

Court  by  limited  vote. 

17.  Priority  of  commissions  of 

judges. 

18.  Compensation  of  judges. — Dis- 

qualification. 

19.  Residence  of  judges. 

20.  Chancery  powers  of  Courts  of 

Common  Pleas. 

21.  No  extra  judicial  duties  for 

judges. 

22.  Separate  orphans’  court. — Reg- 

ister of  wills  to  be  clerk  there- 
of. 

23.  Style  of  process  and  indictment. 

24.  Review  in  Supreme  Court  In 

criminal  cases. 

25.  Vacancies  in  courts,  how  filled. 


INDEX. 


clxxiii 


Section 

26.  Uniform  laws  of  courts.—  Spec- 

ial courts  prohibited. 

27.  Parties  may  submit  issues  of 

fact  to  the  court. — Appeals. 


j Section 

1 16.  Courts  of  Common  Pleas  may 
t appoint  overseers  of  election, 

i 17.  Trial  of  contested  elections. 

ARTICLE  IX. 


ARTICLE  VI. 

Impeachment  and  Removal  from  Office. 

1.  Impeachment. 

2.  How  tried. 

3.  What  officers  impeachable.  — 

Judgment. 

4.  Condition  of  official  tenure. — 

Removal. 

ARTICLE  VII. 

Oath  of  Office. 

1.  General  oath  of  office. 

ARTICLE  VIII. 

Suffrage  and  Elections. 

1.  Qualifications  for  voters. 

2.  General  elections. 

3.  Municipal  elections. 

4.  Elections  to  be  by  ballot  and 

ballots  numbered. — Indorse- 

ments thereon  authorized. 

5.  Electors  privileged  from  arrest. 

6.  Soldier  voting. 

7.  Election  laws  to  be  uniform, 

but  unregistered  electors  may 
vote. 

8.  Corruption  to  disqualify  voters. 

— Challenge. 

9.  Candidates  guilty  of  bribery, 

etc.,  disqualified  for  holding 
office. — ^Willful  violation  of 
election  laws,  to  disqualify  for 
voting. 

10.  Witnesses  not  to  withhold  testi- 

mony in  election  cases. 

11.  Election  districts. 

12.  Representatives  to  vote  viva 

voce. 

13.  Residence  of  voters  not  gained 

or  lost  in  certain  cases. 

14.  Election  boards. — Clerks. — Va- 

cancies.— Privileges  of  election 
officers. 

15.  Government  officers  and  em- 

ployes disqualified  to  serve  as 
election  officers. — Ineligibility 
of  election  officers. 


Taxation  and  Finance. 

1.  Taxes  to  be  uniform. — Exemp- 
tion. 

2.  Limitation  of  power  to  exempt. 

3.  Power  to  tax  corporations  not 
to  be  surrendered. 

I 4.  Power  to  make  debts. 

I 5.  Moneys  borrowed  to  be  used  for 
the  purpose  specified. 

6.  State  credit  not  to  be  loaned. 

7.  Municipalities  not  to  become 

stockholders,  etc. 

8.  Municipal  debts  limited. 

9.  No  assumption  of  municipal 

debts  by  State. 

10.  Repayment  of  municipal  debt 

to  be  provided  for. 

11.  Sinking  fund. 

12.  The  moneys  of  the  State. 

13.  Reserve  in  treasury. 

14.  Reserve  not  to  be  converted  to 

private  use. 

ARTICLE  X. 

Education. 

1.  Public  schools  to  be  maintained. 

— Amount  appropriated. 

2.  No  appropriation  to  sectarian 

schools. 

3.  Women  eligible  to  school  offices. 

ARTICLE  XI. 

Militia. 

1.  Organization  of  militia.  — Ex- 
emption authorized. 

ARTICLE  XII. 

Public  Officers. 

1.  Selection  of  public  officers. 

2.  Federal  officers  disqualified  for 

State  office. 

3.  Dueling  disqualifies  for  office. 

ARTICLE  XIII. 

New  Counties. 

1.  Limitation  of  power  to  create 
counties. 


<3lxxiv 


INDEX. 


ARTICLE  XIV. 

County  Officers. 

Section 

1.  County  officers. 

2.  Election  and  term. — Vacancies. 

3.  Residence  of  county  officers. 

4.  Offices  to  be  kept  in  county 

town. 

5.  Compensation. 

€.  Accountability  of  municipal 
officers. 

7.  County  commissioners  and  audi- 
tors to  be  chosen  by  limited 
vote. — ^Vacancies,  how  filled. 

ARTICLE  XV. 

Cities  and  City  Charters. 

1.  General  laws  to  establish  cities. 

2.  Municipal  commissions  not  to 

incur  debts  except  on  appro- 
priations. 

3.  Sinking  funds  in  cities. 

ARTICLE  XVI. 

Private  Corporations. 

1.  Unused  charters  to  be  void. 

2.  No  charter  to  be  validated  or 

amended  except  on  condition. 

3.  Right  of  eminent  domain  not  to 

be  abridged  or  police  power  i 
limited. 

4.  Cumulative  voting  in  stock- 

holder elections. 

5.  Foreign  corporations  to  have 

places  of  business  in  State. 

€.  Corporations  not  to  engage  in 
business  unauthorized  by 
charters. 

7.  Fictitious  increase  of  stock  or 

bonds  forbidden. 

8.  Taking  of  private  property  to  be 

compensated. 

9.  Bank  notes  and  bills  to  be  se- 

cured. 

10.  Repeal  of  charter  authorized. — 

No  law  to  create  more  than 
one  charter. 

11.  Notice  of  bills  to  create  banks. 

— Bank  charters  limited  to 
twenty  years. 

12.  Telegraph  lines.  I 

13.  The  word  “ corporation  ” de- 

fined. I 


ARTICLE  XVII. 

Railroads  and  Canals. 

Section 

1.  Railroads  and  canals,  public 

highways. — Shall  have  connec- 
tion and  use  of  connecting 
roads. 

2.  To  keep  offices  in  the  State. 

3.  Discriminations  in  charges  for 

freight  and  passengers  pro- 
hibited. 

4.  Consolidation  with  competing 

companies  prohibited. 

5.  Common  carrier  corporations 

not  to  engage  in  mining,  etc. 

6.  Officers,  etc.,  of  companies  not 

to  engage  in  transportation 
business. 

7.  No  discrimination  in  charges  to 

transporters. 

8.  Free  passes  on  railroads  pro- 

hibited. 

9.  Passenger  railroads  not  to  be 

constructed  without  consent 
of  municipal  authorities. 

10.  Acceptance  of  this  article  by 

companies. 

11.  Duties  of  Auditor-General  as  to 

companies  transferred  to  Sec- 
retary of  Internal  Affairs. 

12.  General  Assembly  to  enforce  the 

provisions  of  this  article. 

ARTICLE  XVIII. 

Future  Amendments. 

1.  Amendments  may  be  proposed 
by  Legislature. — Amendments 
not  to  be  submitted  oftener 
than  once  in  five  years. 

SCHEDULE. 

1.  When  Constitution  to  take  ef- 

fect. 

2.  Laws  in  force. 

3.  Senators  to  be  elected  when 

there  are  vacancies. 

4.  To  be  elected  from  even  dis- 

tricts. 

5.  First  election  for  Governor. 

6.  Lieutenant-Governor,  when  to 

be  elected. 

7.  Secretary  of  Internal  Affairs. 


IxNDEX. 


clxxv 


Section 

8.  Superintendent  of  Common 

Schools,  office  to  cease. 

9.  Re-election. 

10.  Supreme  Court  judges. 

11.  Courts  of  Record. 

12.  Register’s  courts  to  be  abol- 

ished. 

13.  Judicial  districts. 

14.  The  same  of  the  census. 

15.  Judges  to  hold  office. 

16.  Presiding  judge. 

17.  Compensation  of  judges  of  Su- 

preme Court. 

18.  Courts  of  Common  Pleas. 

19.  In  regard  to  judges. 

20.  Courts.  • 

21.  Causes  pending. 


Section 

22.  The  same. 

23.  The  prothonotary  of  Court  of 

Common  Pleas. 

24.  Aldermen  in  cities  over  50,000 

inhabitants. 

25.  Philadelphia  magistrates. 

26.  Term  of  those  in  office  to  con- 

tinue till  it  expires. 

27.  As  to  the  seventh  article. 

28.  County  commissioners  and  audi- 

tors, terms  of  office. 

29.  Salaries  of  officers. 

30.  All  State  and  judicial  officers  to 

take  oath  of  office. 

31.  Laws  to  be  passed. 

32.  Certain  ordinance  to  be  valid. 

33.  County  commissioners,  defined. 


RHODE 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  Right  of  the  people  to  make  and 

alter  their  constitution. 

2.  Object  of  government. — How  laws 

should  be  made  and  burdens 
distributed. 

3.  Religious  freedom  secured. 

4.  Slavery  prohibited. 

5.  Laws  should  provide  remedies. — 

Justice  should  be  free,  com- 
plete, prompt. 

6.  Rights  of  search  andl  seizure 

regulated. 

7.  Provisions  concerning  criminal 

proceedings. 

8.  Bail,  fines  and  punishments. 

9.  Bail  and  habeas  corpus. 

10.  Rights  of  the  accused  in  criminal 

proceedings. 

11.  Debtors  entitled  to  relief. 

12.  No  ex  post  facto  law,  etc.,  to  be 

passed. 

13.  No  man  to  criminate  himself. 

14.  Presumption  of  innocence. — Ac- 

cused to  be  secured  without  se- 
verity. 

15.  Trial  by  jury. 

16.  Private  property  secured. 


ISLAND. 

Section 

17.  Rights  of  fishery. 

18.  Military  subordinate. — Martial 

law. 

19.  Of  quartering  soldiers. 

20.  Liberty  of  press  secured. — Truth 

as  a defense  to  libels. 

21.  Right  of  people  to  assemble,  and 

to  petition. 

22.  Right  to  bear  arms. 

23.  Rule  of  construction. 

ARTICLE  II. 

Electors. 

1.  Of  electors  owning  real  estate. 

2.  Of  electors  qualified  to  vote  on 

adoption  of  Constitution. — Reg- 
istered voters.— Qualified  by 
dollar  tax.— Military  duty.— 
Who  to  vote  for  city  council  in 
Providence,  to  impose  a tax, 
etc. 

3.  Of  assessment  and  payment  of 

registry  tax. 

4.  Who  shall  not  gain  residence,  or 

be  permitted  to  vote. 

5.  Residents  on  land  ceded,  etc.,  not 

electors. 

6.  Power  of  General  Assembly  over 

elections. 


clxxvi 


INDEX. 


ARTICLE  III. 

Pou'crs  Bietrihuted. 

Three  departments. 

ARTICLE  IV. 

Legislative  Bower. 

Section 

1.  Constitution  supreme  law. 

2.  Two  houses.— General  Assembly. 

— Style  of  laws. 

3.  Sessions  of  General  Assembly. 

4.  Members  nof  to  take  fees,  etc. 

5.  Members  exempt  from  arrest, 

etc. 

6.  Powers  of  each  house. — ^Org'ani- 

zation. 

7.  Powers  to  make  rules,  etc. 

8.  Of  the  journals,  and  yeas  and 

nays. 

9.  Of  adjournments. 

10.  Of  powers  not  prohibited. 

11.  Pay  of  members. 

12.  Lotteries  prohibited. 

13.  Debts  not  to  be  incurred. 

14.  Private  or  local  appropriations. 

15.  Of  valuations  of  property  and 

assessments. 

16.  Officers  may  be  continued  until 

successors  qualified. 

17.  Bills  to  create  corporations 

to  be  continued,  except,  etc. 

18.  Of  election  of  Senators  in  Con- 

gress. 

ARTICLE  V. 

Home  of  Representatives. 

1.  House,  how  constituted.— Ratio 

O'!  representation. 

2.  May  elect  its  officers,  etc. 

ARTICLE  VI. 

Senate. 

1.  How  constituted. 

2.  Governor  to  preside.— When  to 

vote  in  grand  committee. 

3.  May  elect  presiding  officer  in 

case  of  vacancy,  etc. 

4.  Secretary  and  other  officers. 


ARTICLE  VII. 

Executive. 

1.  Of  the  Governor  and  Lieuten- 

ant-Governor.— How  elected. 

2.  Duty  of  Governor.. 

3.  He  shall  command  military  and 

naval  forces,  except,  etc. 

4.  He  may  grant  reprieves,  etc. 

5.  He  may  fill  vacancies. 

6.  He  may  adjourn  Assembly,  in 

case,  etc. 

7.  He  may  convene  Assembly, 

when,  etc. 

8.  Commissions,  how  signed,  etc. 

9.  Lieutenant-Governor,  when  to 

act  as  Governor. 

10.  Vacancies,  how  filled. 

11.  Compensation  of  Governor,  etc. 

12.  Duties  of  general  officers. 

ARTICLE  VIII. 

Election. 

1.  Governor  and  general  officers, 

when  elected. 

2.  General  officers  and  Members  of 

Assembly. — How  voted  for. 

3.  Same  subject. — How  votes  to  be 

sealed  up,  transmitted  and 
counted. 

4.  List  of  voters  to  be  kept.  (Ob- 

solete.) 

5.  Ballots  for  Members  of  Assem- 

bly, how  counted. — Adjourn- 
ment of  elections,  when. 

6.  Of  voting  in  the  city  of  Provi- 

dence. 

6.  If  Governor  or  Lieutenant-Gov- 
ernor not  elected  by  people, 
grand  committee  to  elect. — 
How. 

8.  In  case  general  officers  not 

elected  by  people,  how  vacan- 
cies shall  be  filled. 

9.  Vacancies  in  Assembly,  how 

filled. 

10.  Majority  required  to  elect. 

ARTICLE  IX. 

Qnalif  cations  of  Office. 

1.  Qualified  electors  only  eligible. 

2.  Conviction  of  bribery  a disqual- 

ification. 


INDEX, 


clxxvii 


Section 

3.  Oaths  of  general  officers. 

4.  Officers,  how  engaged. 

5.  How  oath  to  be  administered  to 

Governor,  etc. 

6.  Holding  office  under  United 

States,  or  other  government, 
a disqualification  for  certain 
offices,  except,  etc. 

ARTICLE  X. 

Judiciary. 

1.  One  Supreme  Court. — Inferior 

courts,  how  established. 

2.  Jurisdiction  of  courts.— Chan- 

cery powers. 

3.  Judges  of  Supreme  Court  to  in- 

struct jury. — To  give  opinions, 
etc. 

4.  Of  election  and  tenure  of  office 

of  judges  of  Supreme  Court. 

5.  Vacancies,  how  filled. 

6.  Compensation  of  judges. 

7.  Justices  of  the  peace  and  war- 

dens, how  elected. — Their  juris- 
diction. 

ARTICLE  XI. 
IiiipcaclLiiititts. 

1.  Impeachments,  how  ordered. 

2.  Impeachments,  how  tried. 

3.  What  officers  liable  to  impeach- 

ment.—Effect  of  conviction. 

ARTICLE  XII. 

Education, 

1.  Duty  of  General  Assembly  to 

promote  schools,  etc. 

2.  The  permanent  school  fund. 

3.  Donations  for  support  of  schools. 

4.  Power  of  General  Assembly 

under  this  article. 

ARTICLE  XIII. 

Am  u ah  neats. 

1.  Amendments,  how  proposed, 
how  voted  upon,  how  adopted. 

ARTICLE  XIV. 

Adoption  of  Constitntion. 

1.  Constitution,  when  to  go  into 

12 


Section 

effect. — Its  effect  on  existing 
laws,  charters,  etc. 

2.  Former  debts,  etc.,  adopted. 

3.  Jurisdiction  of  Supreme  Court., 

4.  Exemptions  of  New  Shoreham 

and  Jamestown  from  military 
duty,  continued. 

i AMENDMENTS  TO  T^HE  CON- 
STITUTION. 

ARTICLE  I. 

List  of  voters  for  general  of- 
ficers no  longer  to  be  kept,  etc. 

I ARTICLE  II. 

I The  pardoning  power,  how  ex- 
I ercised. 

1 ARTICLE  III. 

j Sessions  of  the  General  Assem- 

I bly. 

ARTICLE  IV. 

Electors  absent  from  the  State 
in  the  military  service  of  the 

j Unite'd  States  allowed  to  vote.. 

ARTICLE  V, 

Manufacture  and  sale  of  intox- 
icating liquors  as  a beverage 
prohibited. 

ARTICLE  VI. 

Suffrage  granted  to  foreign-born 
soldiers  and  sailors. 

ARTICLE  VII. 

Suffrage  granted  to  foreign-born 
citizens. 

ARTICLE  VIII. 

Article  V,  Prohibitory  Amend- 
ment, repealed. 

ARTICLE  IX. 

General  Assembly  to  provide 
for  the  creation  of  corpora- 
tions. 

In  all  popular  elections  the  one 
having  the  largest  number  of 
votes  shall  be  elected. 


clxx\  iii 


INDEX. 


1 


SOUTU  CAROJ.INA. 


ARTICLES. 

Article 

1.  Declaration  of  rights. 

2.  Legislative  department. 

3.  Executive  department. 

4.  Judicial  department. 

5.  Jurisprudence. 

6.  Eminent  domain. 

7.  Impeachments. 

8.  Right  of  suffrage. 

9.  Finance  and  taxation. 

10.  Education. 

11.  Charitable  and  penal  institu- 

tions. 

12.  Corporations. 

13.  Militia. 

14.  Miscellaneous. 

15.  Amendment  and  revision  of  the 

Constitution. 

16.  Amendments. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  equal  and  have  the 

right  of  defending  their  lives 
and  liberties  and  of  acquiring 
property. 

2.  Slavery  and  involuntary  servi- 

tude, except  as  a punishment 
for  crime,  prohibited. 

3.  All  political  power  is  vested  In 

the  people. 

4.  Paramount  allegiance  to  the 

Constitution  and  government 
of  the  United  States. 

5.  This  State  shall  ever  remain  a 

member  of  the  American 
Union. 

6.  The  people  have  the  right  to  as- 

semble peaceably  to  consult 
for  the  common  good. 

7.  Freedom  of  speech  and  of  the 

press. 

8.  In  prosecutions  for  libel  the 

truth  may  be  given  in  evi- 
dence. 


Section 

9.  Freedom  of  religious  worship. 

10.  There  shall  be  no  established 

religion. — Laws  shall  be 

passed  to  protect  religious  de- 
nominations. 

11.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

12.  Personal  rights. 

13.  Rights  of  accused  persons. — Not 

compelled  to  testify  against 
himself. 

14.  Ex  post  facto  laws  prohibited. 

15.  All  courts  shall  be  public  and 

justice  shall  be  administered 
without  delay. 

16.  Right  of  bail. — Excessive  shall 

not  be  required  nor  cruel  pun- 
ishments inflicted. 

17.  The  privilege  of  the  writ  of 

habeas  corpus. 

18.  No  one  shall  be  twice  put  in 

jeopardy  for  the  same  offense. 

19.  All  offenses  less  than  felony.— 

How  tried. — No  person  shall 
be  held  to  answer  for  any 
higher  crime  unless  on  pre- 
sentment of  a grand  jury. 

20.  No  imprisonment  for  debt. 

21.  Obligations  of  contracts. — No 

conviction  shall  work  corrup- 
tion of  blood,  etc. 

22.  Unreasonable  searches  and  seiz- 

ures prohibited. 

23.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

24.  The  laws  shall  not  be  suspended 

except  by  the  General  Asseiu- 
bly. 

>5.  Only  those  in  the  army  or  navy 
shall  be  subject  to  martial  law. 
26.  The  legislative,  executive  and 
judicial  powers  of  the  goveni- 
ment  shall  be  separate  and 
distinct. 


INDEX. 


clxxi 


Section 

27.  Redress  of  grievances. 

28.  The  people  have  the  right  to 

bear  arms  for  the  common  de- 
fense.— The  military  subordi- 
nate to  the  civil  authority. 

29.  In  time  of  peace  soldiers  may 

not  be  quartered  in  any  house 
without  the  consent  of  the 
owner. 

30.  No  person  with  scruples  against 

bearing  arms  shall  be  com- 
pelled to  do  so. 

31.  All  elections  shall  be  free  and 

open. 

?2.  No  property  qualifications  nec- 
essary for  an  election  or  to 
hold  office. — Any  person  who 
shall  fight  a duel  shall  be  de- 
barred from  holding  office. 

33.  Right  of  suffrage. 

34.  Apportionment  of  representa- 

tion.— No  person  shall  be  dis- 
franchised except  by  law. 

35.  Temporary  absence  from  the 

State  shall  not  forfeit  resi- 
dence. 

36.  Taxation  of  property.— Right  of 

life,  liberty  and  property. 

37.  Impost  taxes  and  duties  shall 

not  be  established  without  the 
consent  of  the  people. 

38.  Excessive  fines  and  cruel  punish- 

ment prohibited,  nor  shall  wit- 
nesses be  unnecessarily  de- 
tained. 

39.  Titles  of  nobility  and  distinctions 

of  race  and  color  prohibited. 

40.  All  navigable  waters  shall  re- 

main forever  public  highways. 

41.  The  enumeration  of  rights  m 

this  Constitution  shall  not  im- 
pair others  retained  by  the 
people. 

ARTICLE-  II. 

Lec/i  Mbit  ire  Beparimen  t. 

1.  The  legislative  power  of  the 

State  shall  be  vested  in  the 
Senate  and  House  of  Repre- 
sentatives. 

2.  Representatives. — How  chosen. 


Section 

3.  Judicial  districts. 

4.  House  of  Representatives  shall 

consist  of  124  members. 

6.  Assignment  of  Representatives. 

7.  When  to  take  effect. 

8.  The  Senate. — Number  of. — Term 

of  office. 

9.  They  shall  be  divided  into  two 

classes. 

10.  To  be  eligible  as  a Senator  or 

Representative. 

11.  The  first  election  for  Senators 

and  Representatives. 

12.  Time  of  meeting  of  the  Gen- 

eral Assembly. 

13.  When  term  of  office  begins. 

14.  Each  house  shall  judge  of  the 

election  and  qualifications  of 
its  own  members. — A majority 
shall  constitute  a quorum. 

15.  Each  house  shall  determine  its 

own  rules  and  punish  its  mem- 
bers. 

16.  Each  house  may  punish  per- 

sons not  m.embers,  etc. 

17.  Members  to  have  certain  priv- 

ileges. 

18.  Bills  for  raising  revenue  shall 

originate  in  the  House  of 
Representatives. 

19.  The  style  of  the  laws. 

20.  But  one  subject,  which  shall  be 

expressed  in  the  title. 

21.  Bills  to  be  read  three  times. — 

Must  be  signed  by  the  Presi- 
dent of  the  Senate  and  Speaker 
of  the  House. 

22.  No  money  to  be  drawn  from 

the  treasury  but  by  appro- 
priation. 

23.  Pay  of  members. 

24.  In  all  elections  by  the  General 

Assembly  the  vote  shall  be 
viva  voce. 

25.  Neither  house  may  adjourn  for 

more  than  three  da3'-s. 

26.  Each  house  shall  keep  a jour- 

nal. 

27.  The  doors  of  each  house  shall  be 

open. 


clxxx 


INDEX. 


Section 

28.  No  person  shall  be  eligible  to 

the  General  Assembly  who 
holds  any  other  office  of  profit, 
etc. 

29.  Failure  to  elect. — Refusal  to 

qualify. — Writs  of  election. 

30.  Oath  of  office. 

31.  Cause  of  removal  from  office. 

32.  The  homestead  of  the  head  of 

the  family  exempt  from  at-  j 
tachment.  • j 

33.  Taxes  on  property,  real  and  per-  [ 

sonal. 

ARTICLE  III. 

Executive  Department. 

1.  The  supreme  executive  author- 

ity is  vested  in  the  Governor. 

2.  The  manner  of  electing  the 

Governor. — Term  of  office  two 
years. — May  be  re-elected. 

8.  To  be  eligible  to  the  office  of 
Governor. 

4.  The  returns  of  election  of  Gov- 

ernor.— The  person  having 
highest  number  of  votes  elect- 
ed.— In  case  of  tie. — Contested  I 
elections.  I 

5.  Election  of  Lieutenant-Governor.  | 

— President  of  the  Senate. 

6.  He  shall  only  vote  in  case  of  tie. 

7.  The  Senate  shall  choose  a Presi- 

dent pro  tern. 

8.  Vacation  of  seats. 

9.  When  the  duties  of  Governor 

shall  devolve  on  Lieutenant- 
Governor. 

10.  The  Governor  shall  be  Com- 

mander-in-Chief  of  the  militia. 

11.  Pardoning  power  vested  in  the 

Governor. 

12.  He  shall  see  that  the  laws  are 

executed. 

13.  Compensation  of  Governor  and 

Lieutenant-Governor. — It  shall 
not  be  increased  nor  dimin- 
ished. 

14.  Executive  officers  to  report  to 

the  Governor. 

15.  The  Governor’s  message. 

16.  He  may  on  extraordinary  occa- 


Section 

sions  convene  the  General  As- 
sembly. 

17.  He  shall  commission  officers. 

18.  Seal  of  State. 

19.  Grants  and  commissions. — How 

issued. 

20.  Oath  of  office. 

21.  Residence  of  Governor. 

22.  Bills  which  have  passed  the 

General  Assembly  to  be  signed 
by  the  Governor. — He  may 
sign  or  veto.— May  be  passed 
over  his  veto. 

23.  Comptroller-General,  Treasurer, 

Secretary  of  State. — Term  of 
office,  duties  and  compensation 
prescribed  by  law. 

ARTICLE  IV. 

Judicial  Department. 

1.  The  judicial  power  of  the  State 

is  vested  in  the  Supreme  and 
certain  other  courts. 

2.  The  Supreme  Court.— Number  of 

judges. — Quorum. — How  elec- 
ted.— Term  of  office  six  years. 
— To  be  classified. 

3.  The  Chief  Justice  and  associates. 

— Their  terms. 

4.  The  Supreme  Court  shall  have 

appellate  jurisdiction. 

5.  Sessions  of  the  same. 

6.  No  judge  shall,  if  interested,  etc. 

7.  The  judge  of  said  court  shall 

appoint  a reporter  and  clerk. 

8.  When  a judgment  or  decree  is 

reversed. 

9.  Compensation  of  judges  of  Su- 

preme and  Circuit  Courts. — 
Not  to  have  fees  nor  hold  any 
other  office. 

10.  To  be  eligible  as  judge  of  Su- 

preme and  Circuit  Courts. 

11.  Vacancies. — How  filled. 

12.  Decisions. — Concurrence  of  two 

judges  necessary. 

13.  The  State  to  be  divided  into 

Circuits. 

14.  Interchanging. 

16.  Court  of  Common  Pleas. — Its 
terms  and  jurisdiction. 


INDEX. 


clxxxi 


Section 

17.  Preservation  of  records. 

18.  Jurisdiction  of  Court  of  General 

Session. 

19.  Repealed. 

20.  Probate  Court. — Its  jurisdiction. 

21.  Justices  of  the  peace. — Term  of 

office  two  years. 

22.  Jurisdiction  of  the  same. 

23.  Powers  of  the  same. 

24.  Right  of  appeal. 

25.  Judges  of  Probate.— County  com- 

missioners. — Justices  of  the 
peace  and  constables,  their 
compensation. 

26.  How  judges  shall  charge  juries. 

27.  Clerks  of  courts. 

28.  Attorney-General. — His  election. 

— Duties. — Term  of  office  and  | 
compensation. 

29.  Solicitors. — Their  election. — Term 

of  office  and  compensation. 

30.  Sheriffs  and  coroners,  term  of 

office  four  years. 

?1.  Writs  and  processes. 

32.  Decisions  of  the  Supreme  Court. 

33.  The  fourteenth  article  of  amend- 

ment of  the  United  States 
Constitution  shall  be  ratified. 

34.  Slave  contracts  void. 

ARTICLE  V. 

Jurisprudence. 

1.  Differences  may  be  decided  by 

arbitrators. 

2.  The  General  Assembly  shall  pass 

all  laws  necessary  for  the 
change  of  venue. 

3.  Codification  of  the  laws. 

ARTICLE  VI. 

Eminent  Domain. 

1.  The  State  shall  have  concurrent 

jurisdiction  on  all  rivers  bor- 
dering on  the  State. 

2.  Land  titles. 

3.  Ultimate  right  of  property. 

ARTICLE  VII. 

Impeachment. 

1.  The  sole  power  of  impeachment 
is  vested  in  the  House  of  Rep- 
resentatives. 


Section 

2.  Impeachments  shall  be  tried  by 

the  Senate. 

3.  All  executive  officers  liable. — 

Judgment  not  to  extend  be- 
yond removal  from  office. 

4.  Causes  of  impeachment. 

ARTICLE  VIII. 

Might  of  Suffrage. 

1.  Popular  elections  shall  be  by 

ballot. 

2.  Qualifications  of  electors. 

3.  Registration  of  electors. 

4.  Residence  not  lost  by  reason  of 

absence  in  the  service  of  the 
United  States. 

5.  Soldiers  and  seamen  not  deemed 

residents  by  reason  of  being 
stationed  in  this  State. 

6.  Electors  exempted  from  arrest. 

7.  Electors  eligible  for  any  office. 

8.  Those  deprived  of  the  right  of 

suffrage. 

9.  Presidential  electors. 

10.  The  person  receiving  the  highest 

number  of  votes  elected. 

11.  The  term  of  residence  necessary 

to  hold  office  not  applicable  to, 
eic. 

12.  Former  slaves  not  disfranchised. 

ARTICLE  IX. 

Finance  and  Taxation. 

1.  Assessment  and  taxation. 

2.  Poll  tax. 

3.  An  annual  tax  sufficient  to  de- 

fray the  expenses  of  the  State 
shall  be  provided  for. 

4.  The  object  of  a tax  to  be  stated. 

5.  Public,  charitable  and  certain 

other  institutions  to  be  ex- 
empted from  taxation. 

6.  Valuation  and  assessment  of 

lands. 

7.  The  State  may  contract  public 

debts  for  extraordinary  ex- 
penditures. 

8.  Municipal  taxation. 

9.  Incorporation  of  cities  and 

towns. 

10.  Evidences  of  State  Indebtedness. 

11.  A statement  of  receipts  and  ex- 

penditures 1o  be  published. 


clxxxii 


INDEX. 


Section 

12.  No  money  drawn  from  treasury 

but  by  appropriation. 

13.  The  fiscal  year  shall  commence 

on  November  first  of  each  year. 

14.  State  bonds. 

15.  State,  county  and  school  funds. 

16.  Secession  debts  shall  never  be 

paid. 

17.  Any  bonded  debt  contracted  by 

any  subdivision  of  the  State 
shall  never  exceed  eight  per 
centum,  etc. 

ARTICLE  X. 

Education. 

1.  Superintendent  of  Education.-^ 

His  election. — Powers,  duties, 
etc.,  to  be  defined  by  General 
Assembly. 

2.  School  commissioners. — Board  of 

education. 

3.  Free  schools  to  be  kept  at  least 

six  months  in  each  year. 

4.  Compulsory  attendance. 

5.  Property  to  be  taxed  for  the  sup- 

port of  schools. 

6.  A Normal  school  to  be  estab- 

lished. 

7.  Institutions  for  the  blind,  deaf 

and  dumb. 

8.  A reform  school  to  be  estab- 

lished. 

9.  State  University  and  Agricultu- 

ral College. 

10.  Public  schools  open  to  all  with- 

out regard  to  race  or  color. 

11.  The  school  fund. 

ARTICLE  XI. 

Charitable  amt  Penal  I/istitvtionx. 

1.  Institutions  for  the  deaf,  dumb, 

blind,  etc. 

2.  Directors  of  the  penitentiary. 

3.  Directors  of  benevolent  and 

other  State  institutions. 

4.  The  Governor  to  fill  vacancies. 

B.  Poor  laws. 

6.  Lunatic  asylum. 

ARTICLE  XII. 

Curpoi‘ations._ 

1.  They  may  be  formed  under 
general  laws. 


Section 

2.  Corporations  shall  be  taxed. 

3.  No  right  of  way  shall  be  appro- 

priated without  full  compen- 
sation. 

4.  Dues  from  corporations. 

5.  The  personal  liberty  of  stock- 

holders to  be  fixed. 

6.  Charters  for  banking  purposes. 

ARTICLE  XIII. 

Militia. 

1.  To  consist  of  whom. 

2.  The  Governor  has  the  power  to 

call  them  out. 

3.  There  shall  be  an  Adjutant  and 

Inspector-General. 

ARTICLE  XIV. 

Miscellaneous. 

1.  Qualifications  for  office. 

2.  Lotteries  and  the  sale  of  tickets 

prohibited. 

3.  The  State  library. 

4.  Claims  against  the  State. 

5.  Divorces. 

6.  Disqualification  for  office. 

7.  Printing  for  the  General  As- 

sembly. 

8.  Woman’s  property. 

9.  Removal  of  causes. 

10.  Time  of  election  of  State  officers. 

ARTICLE  XV. 

Amend ment  and  Revision  of  the  Con- 
stitution. 

1.  Amendments  may  be  proposed 

in  either  house. 

2.  If  two  or  more  amendments 

shall  be  submitted  at  the  same 
time. 

3.  Constitutional  conventions. 

AMENDMENTS. 

Article  XVI. 

Prohibiting  creation  of  debt 
without  consent  of  the  people. 
Amendment  to  Article  II,  Section  11. 
Changing  election  from  Ov;tober 
to  November. 


INDEX. 


clxxxiii 


Amendment  to  Article  III,  Sec- 
tion 23. 

Changing  term  of  office  of  cer- 
tain State  officers. 

Amendment  to  Article  II,  Section  3. 
“Toxaway”  substituted  for 
“ White  Water.” 

Amendment  to  Article  X,  Section  5. 
Tax  of  two  mills  for  public 
schools. 


Amendment  to  Article  II,  Section  32. 

As  to  homestead,  amended. 

Amendment  to  Article  II,  Section  11. 

Biennial  elections  to  be  fixed  by 
Legislature. 

Amendment  to  Article  VIII,  Sec- 
tion 8. 

Burglary,  larceny,  perjury,  for- 
gery or  any  other  infamous 
crime  added  to  disqualiiica- 
tions. 


SOUTH  DAKOTA. 


ARTICLE  I. 

Name  — Boumlari/. 

Section 

1.  The  name  of  the  State  shall  be 

South  Dakota. 

2.  The  boundaries. 

ARTICLE  II. 

Division  of  the  Poicers  of  Government.  I 
1.  The  Executive,  Legislative  and 
Judicial. 

ARTICLE  III. 

Legislative  De],artment. 

1.  The  legislative  power  is  vested  j 

in  the  Legislature.  ! 

2.  There  shall  be  not  less  than  ' 

seventy-five  nor  more  than 
one  hundred  and  thirty-five  | 
Representatives,  and  the  num-  ' 
ber  of  Senators  shall  not  be  i 
less  than  twenty-five  nor  more  j 
than  forty-five. — The  sessions 
shall  be  biennially. 

3.  To  be  eligible  to  the  office  of 

Senator. — To  be  eligible  to  the 
office  of  Representative.—  j 
Those  who  are  not  eligible  to  j 
the  Legislature. 

4.  Bribery  and  perjury  debar  from 

holding  office. 

5.  The  census  shall  be  taken  in  1895 

and  every  ten  years  thereafter.  , 

6.  The  term  of  office  of  members 

of  the  Legislature. — ^Their  pay 
and  mileage. — Each  regular 
session  shall  not  exceed  sixty 
days. 


Section 

7.  The  place  and  time  of  the  first 

meeting  of  the  Legislature. 

8.  They  must  take  the  oath  or  af- 

firmation. 

9.  Each  house  shall  be  the  judge 

of  the  election  and  qualifica- 
tion of  its  own  members. 

10.  The  Governor  to  issue  writs  of 

election  to  fill  vacancies. 

11.  Members  of  the  Legislature  to 

be  privileged  from  arrest. 

12.  They  may  not  hold  any  civil  of- 

fice in  the  State  during  their 
term. 

13.  Each  house  shall  keep  a journal. 

14.  On  all  elections  made  by  the 

Legislature  the  vote  shall  be 
viva  voce. 

15.  The  sessions  of  each  house  shall 

be  open,  except. 

16.  They  may  not  adjourn  for  more 

than  three  days. 

17.  Every  bill  to  be  read  three 

times. 

18.  The  enacting  clause  of  a law 

shall  be. 

19.  The  presiding  officer  of  each 

house  shall  sign  all  bills. 

20.  A bill  may  originate  in  either 

house. 

21.  No  law  shall  embrace  more  than 

one  subject. 

22.  No  act  shall  take  effect  until 

ninety  days  after  the  adjourn- 
ment, etc. 


clxxxiv 


INDEX. 


Section 

23.  Private  and  special  laws  may 

not  be  enacted  in  the  follow- 
ing cases. 

24.  The  indiebtedne&s  or  liability  i 

of  any  corporation  or  individ-  j 
ual  may  not  be  released.  | 

25.  Lotteries  illegal.  | 

26.  Municipal  improvements  may  | 

not  be  interfered  with  by  the 
Legislature.  j 

27.  Suits  may  be  brought  against  | 

the  State. 

28.  Bribery  shall  be  punished  as 

provided  by  law.  ! 

ARTICLE  IV.  I 

Executive  Department.  \ 

1.  Executive  power  is  vested  in  j 

the  Governor. — A Lieutenant-  i 

Governor  shall  be  elected  at  j 
the  same  time  and  for  the  same  ! 
term. 

2.  To  be  eligible  for  the  office  of 

either. 

3.  Their  manner  of  eilection. — In 

case  of  tie. 

4.  The  Governor  shall  be  comman-  | 

der-in-chief  of  militia.  | 

B.  He  shall  grant  pardons  and  re-  j 
prieves.  j 

6.  When  his  duties  shall  devolve 

upon  the  Lieutenant-Governor.  | 

7.  The  Lieutenant-Governor  shall 

be  president  of  the  Senate  and 
shall  have  a casting  vote 
therein. 

8.  Vacancies  to  be  filled  by  the 

Governor. 

9.  Every  bill  to  be  signed  by  the 

Governor. 

10.  He  may  disapprove  of  any  item  | 

or  items.  I 

11.  If  he  accepts  a bribe.  ; 

12.  Other  State  officers  which  are  i 

to  be  chosen  by  qualified  elec-  ! 
tors. 

13.  Their  powers  and  duties.  ! 

ARTICLE  V. 

Judiciary. 

1.  The  judicial  powers  of  the  State 
shall  be  vested  in  a Supreme, 
Circuit,  County  Court,  etc. 


Section 

2.  The  Supreme  Court.— Its  juris- 

diction. 

3.  Its  powers. 

4.  There  shall  be  at  least  two 

terms  of  the  same. 

5.  It  shall  consist  of  two  judges. 

6.  The  number  of  judges  and  dis- 

tricts may  be  increased. 

7.  A majority  necessary  to  form  a 

quorum. 

8.  Their  term  of  office  shall  be 

four  years  for  those  elected  at 
the  first  election. — Afterwards 
it  shall  be  six  years. 

9.  The  presiding  judge  to  be  se- 

lected. 

10.  To  be  eligible  to  the  office  of 

judge  of  said  court. 

11.  Until  otherwise  provided,  the 

districts  from  which  said 
judges  shall  be  elected  are  as 
follows. 

12.  Other  officers  of  the  Supreme 

Court. — Their  pay  and  term  of 
office. 

13.  The  Governor  shall  have  the  au- 

thority to  require  opinions  of 
judges  of  the  Supreme  Court. 

14.  Circuit  Courts. — Their  jurisdic- 

tion. 

15.  The  State  shall  be  divided  into 

judicial  circuits. 

16.  Said  circuits  shall  be  as  follows. 

17.  The  number  of  judicial  circuits 

and  judges  may  be  increased. 

18.  Writs  of  error  and  appeal  may 

be  allowed. 

19.  County  courts  and  judges. 

20.  They  shall  be  courts  of  record.— 

Their  jurisdiction. 

21.  They  shall  have  jurisdiction  In 

certain  cases. 

22.  Justices  of  the  peace. — Their 

jurisdiction. 

23.  Police  magistrates.— Their  juris- 

diction. 

24.  The  State’s  Attorney. — His  duties 

and  compensation. 

25.  To  be  eligible  to  the  office  of 

judge  of  Circuit  and  County 
Courts. 


IXDEX. 


cl  XXXV 


Section 

26.  Judges  of  the  Supreme,  Circuit 

and  Coun  y Courts. — When 
chosen  and  elected. 

27.  The  time  of  holding  courts  with- 

in the  said  judicial  circuits 
and  counties  shall  be  provid- 
ed by  law. 

2S.  Special  terms  of  said  courts 
may  be  held. 

29.  Judges  of  Circuit  Courts  may 

hold  court  in  other  circuits 
than  their  own. 

30.  The  salary  of  judges  of  the  Su- 

preme, Circuit  and  County 
Courts. 

31.  They  may  not  act  as  attorneys- 

at-law. 

32.  Clerk  of  the  Circuit  and  County 

Court. — His  election,  duties 
and  compensation. 

J3.  The  terms  of  the  courts  to  be 
fixed  by  the  judges  thereof 
until  otherwise  provided  for 
by  law. 

34.  All  laws  relating  to  courts  shall 

be  general  and  of  uniform 
operation . 

35.  Xo  judge  shall  be  eligible  to  any 

other  than  a judicial  office. 

36.  All  judges  and  other  officers  of 

the  Supreme,  Circuit  and 
County  Courts  shall  hold  their 
office  until  their  successors 
are  qualified. 

37.  All  officers  provided  for  in  this 

article  shall  reside  in  the  dis- 
trict from  which-  they  are 
elected. 

38.  The  style  of  all  process  shall  be. 

ARTICLE  VI. 

Bill  of 

1.  All  men  are  born  equally  free 

and  have  certain  inherent 
rights. 

2.  N’o  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

3.  Freedom  of  religious  worship 

and  thought. — No  sectarian 
institution  shall  be  supported 
by  the  State. 

4.  The  people  have  the  right  to 


I Section 

! assemble  peacefully  to  consult 

for  the  common  good. 

5.  Freedom  of  speech. — In  trials 

for  libel  the  truth  may  be 
given  in  evidence. 

6.  The  right  of  trial  by  jury  shall 

' remain  inviolate. 

7.  The  rights  of  those  accused  in 

criminal  prosecution. 

8.  Bail  shall  be  accepted  except 

for  capital  offenses. 

0.  Xo  person  put  in  jeopardy  twice 
for  the  same  offense. 

10.  Xo  person  shall  be  held  for 

criminal  offense  unless  on  the 
presentment  or  indictment  by 
the  grand  jury,  etc. 

11.  Unreasonable  searches  and  seiz- 

ures forbidden. 

12.  X"o  ex  post  facto  law. 

13.  Private  property  shall  not  be 

taken  for  public  use  without 
just  compensation. 

14.  Resident  aliens  shall  have  the 

same  rights  as  citizens  in  re- 
gard to  property. 

15.  Xo  person  shall  be  imprisoned 

for  debt. 

16.  The  military  subordinate  to  the 

civil  power. — Quartering  of 
soldiers. 

IT.  Taxes  to  be  by  the  consent  of 
the  people. 

IS.  Xo  special  privileges  or  immuni- 
ties shall  be  granted. 

19.  Elections  shall  be  free  and 

equal. 

20.  All  courts  shall  be  open  and 

justice  shall  be  had  without 
denial  or  delay. 

21.  The  Legislature  alone  may  sus- 

pend the  laws. 

22.  X'o  person  shall  be  attainted  of 

treason  or  felony  by  the  Leg- 
islature. 

23.  Excessive  bail  or  excessive  fines 

shall  not  be  required  nor  cruel 
punishments  inflicted. 

24.  The  right  of  citizens  to  bear 

arms. 

25.  Treason  against  the  State  de- 

fined. 

26.  All  political  power  is  inherent 

, in  the  people. 


clxxxvi 


INDEX. 


Section 

27.  The  blessings  of  a free  govern- 
ment maintained  by  a firm  ad- 
herence to  justice,  moderation, 
temperance,  frugality  and  vir- 
tue. 

ARTICLE  VII. 

Election  and  Right  of  Suffrage. 

1.  Qualifications  for  voting. 

2.  Shall  the  word  “male”  be 

stricken  from  the  article  of 
the  Constitution  relating  to 
election  and  right  of  suffrage. 

3.  All  votes  shall  be  taken  by  bal- 

lot. 

4.  General  elections  shall  be  bien- 

nial. 

5.  Electors  to  be  privileged  from 

arrest. 

6.  They  shall  not  be  deemed  to 

have  lost  residence  by  reason 
of  absence  on  business  of  the 
United  States  or  this  State, 

7.  Soldiers  of  the  United  States 

shall  not  gain  a residence  in 
consequence  of  being  stationed 
in  this  State. 

8.  Those  who  may  not  be  qualified 

to  vote. 

9.  Women  having  the  qualifications 

enumerated  in  section  one 
may  vote  in  school  elections. 

ARTICLE  VIII. 

Education  and  School  Lands. 

1.  Uniform  system  of  public  schools 

to  be  maintained, 

2.  The  proceeds  of  the  sale  of  pub- 

lic lands  to  be  used  for  the 
public  schools. 

3.  The  interest  and  income  of  this 

fund  together  with  all  net  pro- 
ceeds of  fines  shall  be  applied 
to  school  funds. 

4.  Lands  granted  by  the  United 

States  for  the  use  of  public 
schools  may  be  sold  upon  the 
following  conditions  and  no 
other. 

5.  No  land  shall  be  sold  for  less 

than  ten  dollars  an  acre. — 
Terms  of  sale. 

6.  All  sales  shall  be  conducted 


Section 

through  the  office  of  the  com- 
missioner of  schools  and  public 
lands. 

7.  The  public  school  fund  shall  be 

perpetual. — It  may  be  in- 
creased, but  never  diminished. 

8.  All  lands  mentioned  in  the  pre- 

ceding section  shall  be  ap- 
praised and  sold  in  the  same 
manner  as  the  public  lands. 

9.  In  regard  to  the  leasing  of  lands 

mentioned  in  this  article. 

10.  The  law  in  regard  to  “Squat- 

ters.” 

11.  The  permanent  school  fund 

shall  be  invested  only  in  first 
mortgages,  etc. 

12.  The  Governor  may  disapprove 

any  sale,  etc. 

13.  In  regard  to  defalcation  of  the 

public  school  fund. 

14.  School  lands  to  be  protected 

from  trespasses. 

15.  School  corporations  may  levy  ad- 

ditional taxes. 

16.  Sectarian  schools  shall  not  re- 

ceive State  aid. 

17.  No  teacher  or  officer  shall  be  in- 

terested in  the  sale  of  books, 
etc. 

ARTICLE  IX. 

Con ntg  a nd  l uU'Kship  Organization. 

1.  The  Legislature  shall  provide 

by  general  law  for  organizing 
new  counties,  etc. 

2.  Location  of  the  county  seat. 

3.  It  may  be  changed. 

4.  Counties  may  be  organized  into 

townships. 

5.  County  officers  to  be  elected 

every  two  years. 

6.  The  Legislature  shall  provide  by 

law  for  county,  township  and 
district  officers. 

7.  They  shall  be  electors. 

ARTICLE  X. 

Mu  n id  pal  Corpora  tion  s. 

1.  They  shall  be  provided  for  by 
general  law. 

Z.  In  i-egarcl  to  the  assessment  and 
levying  of  ta.xes. 


INDEX. 


clxxxvii 


Section 

3.  Street  railway,  telegraph  or  tele- 
phone companies  must  have 
the  consent  of  the  local  au- 
thorities. 

ARTICLE  XI. 

Bemiiue  and  Finance. 

1.  The  estimated  expenses  of  the 

State  shall  be  provided  for  by 
taxation. 

2.  All  taxes  on  real  and  personal 

property'-  shall  be  uniform. 

3.  The  power  to  tax  corporation 

property  shall  not  be  sur- 
rendered. : 

4.  Moneys,  credits  and  investments. 

etc.,  to  be  taxed. 

5.  Property  exempt  from  taxation.  i 

6.  Other  property  exempt  from  tax-  j 

ation. 

7.  Laws  exempting  property  from 

taxation  other  than  those  in 
sections  5 and  6 of  this  article,  j 
shall  be  void. 

8.  No  tax  shall  be  levied  except  in 

pursuance  of  law. 

9.  State  taxes  shall  be  paid  into  the 

State  treasury. 

10.  The  corporate  authority  of 

towns,  cities  and  villages  shall 
have  the  power  to  make  local 
improvements  by  taxation. 

11.  The  making  of  profit  out  of  pub- 

lic money  shall  be  deemed  a 
felony. 

12.  A statement  of  receipts  and  ex- 

penditures of  public  moneys 
shall  be  published  yearly. 

ARTICLE  XII. 

Public  Accounts  and  Expenditures. 

1.  No  money  shall  be  paid  out  of 

the  treasury  except  upon  ap- 
propriation. 

2.  Appropriation  bills  shall  embrace 

nothing  but  appropriations. 

3.  Extra  compensation  shall  not  be 

granted  to  any  public  officer, 
etc. 

4.  An  itemized  statement  of  all  re- 

ceipts and  expenditures  of  pub- 
lic moneys  shall  be  published 
annually. 


ARTICLE  XIII. 

Public  Indebtedness. 

Section 

1.  Neither  the  State,  nor  any  of  its 

subdivisions,  shall  loan  or  give 
its  credit. 

2.  The  State  may  contract  debts 

not  to  exceed  $100,000. 

3.  Indebtedness  of  the  State  limited 

by  section  2 shall  be  in  addition 
to  the  debt  of  the  Territory, 
assumed  and  paid  by  the  State. 

4.  The  debt  of  any  subdivision  of 

the  State  shall  never  exceed 
five  per  cent  upon  the  valua- 
tion of  taxable  property  there- 
in. 

5.  Any  subdivision  of  the  State, 

before  incurring  indebtedness, 
shall  provide  for  the  collection 
of  an  annual  tax,  etc. 

6.  In  regard  to  the  payment  of 

debts  and  liabilities  contracted 
by  and  in  behalf  of  the  Terri- 
tory of  Dakota,  etc. 

7.  The  State  of  South  Dakota  here- 

by obligates  itself,  etc. 

8.  Refunding  bonds  may  be  issued 

to  the  amount  of  $107,500,  bear- 
ing interest  at  four  per  cent, 
etc. 

ARTICLE  XIV. 

State  Institutions. 

1.  The  charitable  and  penal  insti- 

tutions of  the  State. 

2.  They  shall  be  under  the  control 

of  the  State. 

3.  State  educational  institutions. 

4.  Board  of  trustees  shall  hold  their 

office  for  five  years. 

ARTICLE  XV. 

Militia. 

1.  Those  eligible  for  the  militia. 

2.  They  shall  be  uniformed,  equip- 

ped and  disciplined. 

3.  In  organizing  the  militia,  it  shall 

conform  as  nearly  as  possible 
to  the  armies  of  the  United 
States. 

4.  Militia  officers  shall  be  commis- 

sioned by  the  Governor. 


clxxxviii 


INDEX. 


Section 

5.  Except  in  certain  cases,  the 

militia  shall  be  privileged  from 
arrest. 

6.  Military  records,  banners,  etc., 

shall  be  preserved  in  the  office 
of  the  Adjutant-General. 

7.  No  person  having  conscientious 

scruples  against  bearing  arms 
shall  be  compelled  to  do  mili- 
tary duty  in  time  of  peace. 

ARTICLE  XVI. 

Impeachment  and  Removal  from  Office. 

1.  The  sole  power  of  impeachment 

is  in  the  House  of  Representa- 
tives. 

2.  Shall  be  tried  by  the  Senate. 

3.  Which  officers  are  liable  to  im- 

peachment. 

4.  Other  officers  subject  to  removal. 

5.  May  not  exercise  the  duties  of 

office  after  impeachment. 

6.  On  trial  of  impeachment  against 

the  Governor,  the  Lieutenant- 
Governor  shall  not  act  as  a 
member  of  the  court. 

7.  To  be  served  with  a copy  of  im- 

peachment at  least  twenty 
days  before  trial. 

8.  No  person  liable  to  impeachment 

twice  for  the  same  offense. 

ARTICLE  XVII. 

Corporations.  i 

1.  The  Legislature  shall  provide  by  ! 

general  laws  for  the  organiza-  j 
tion  of  corporations. 

2.  All  existing  charters  under  which  | 

organization  shall  not  have  ' 
taken  place  at  the  time  this  | 
Constitution  takes  effect,  shall 
be  valid. 

3.  The  Legislature  shall  not  remit 

the  forfeiture  of  the  charter  of 
any  corporation  now  existing. 

4.  The  right  of  eminent  domain. 

5.  In  all  elections  for  directors  or 

managers  of  corporations,  each 
shareholder  may  cast  the  whole 
number  of  his  votes  for  one 


Section 

candidate,  or  distribute  them 
upon  two  or  more. 

6.  Corporations  to  do  business  in 

this  State  must  have  one  or 
more  places  of  business. 

7.  No  corporation  shall  engage  in 

any  business  other  than  that 

authorized  in  its  charter. 

8.  In  regard  to  the  right  of  cor- 

porations to  issue  stocks  or 

bonds. 

9.  The  Legislature  shall  have  the 

power  to  alter,  revise  or  annul 
the  charter  of  any  corporation 
now  existing. 

10.  The  right  to  construct  or  operate 

a street  railroad  within  any 
city,  town  or  incorporated  vil- 
lage, to  be  granted  by  the  local 
authorities. 

11.  Telegraph  companies  may  con- 

struct and  maintain  lines  and 
connect  with  other  lines  within 
the  State. — They  may  not  con- 
solidate with  competing  lines. 

12.  Railroads  doing  business  within 

this  State  shall  maintain  a 
public  office  within  the  State. 
— The  directors  of  every  rail- 
road corporation  shall  make  an 
annual  report. 

13.  The  rolling  stock  and  other  mov- 

able property  of  railroads  shall 
be  considered  personal  prop- 
erty. 

14.  No  railroad  corporation  shall 

consolidate  with  any  parallel 
or  competing  line. 

15.  Railroads  are  declared  public 

highways  and  railroad  com- 
panies common  carriers. 

16.  Railroads  may  connect  with 

other  roads. 

17.  Laws  shall  be  passed  to  correct 

abuses  and  prevent  extortion 
in  the  rates  of  freight  and  pas- 
senger tariffs. 

18.  Private  property  taken  for  public 

use  shall  have  just  compensa- 
tion. 

19.  The  term  corporation  defined. 


INDEX 


clxxxix 


ARTICLE  XVIII. 

Banking  and  Curreny. 

Section 

1.  If  a general  banking  law  shall  be 

enacted,  etc. 

2.  Every  banking  company  shall 

cease  all  banking  operations 
within  twenty  years. 

3.  The  stockholders  shall  be  held 

individually  responsible  for  the 
debts  of  the  bank. 

ARTICLE  XIX. 

Congressional  aiul  Legislative  Apportion  - { 
ment.  I 

1.  Until  otherwise  provided  by  law,  i 

the  United  States  representa-  ; 
tives  shall  be  elected  by  the 
State  at  large. 

2.  The  senatorial  and  representa-  ' 

tive  districts  shall  be  as  fol- 
lows. 

ARTICLE  XX. 

Seat  of  Government. 

1.  The  location  of  a temporary  seat 

of  government. 

2.  A temporary  seat  of  government  ' 

shall  be  provided  for.  i 

3.  In  case  of  tie  in  choice  of  seat 

of  government. 

ARTICLE  XXI. 
Miscellaneous. 

1.  The  seal  and  coat  of  arms  of  the 

State. 

2.  Compensation  of  public  officers. 

3.  Oath  of  office. 

4.  Exemptions. 

5.  Rights  of  married  women. 

ARTICLE  XXII. 

Ihe  Compact  With  the  United  States. 
l.  The  compact. 

ARTICLE  XXIII. 

A mendments  and  Revision  of  the  Consti- 
tution. 

1.  Amendments  may  be  proposed 

from  either  house. 

2.  The  Constitution  may  be  revised. 


ARTICLE  XXIV. 

Prohibition . 

Section 

1.  To  be  voted  on. 

ARTICLE  XXV. 

Minority  Representation. 

{ 1.  The  House  of  Representatives 

shall  consist  of  three  times  the 
number  of  the  members  of  the 
Senate. — Term  of  office  two 
years. 

2.  The  manner  of  voting  for  the 

same. 

ARTICLE  XXVI. 

Schedule  and  Ordinance. 

1.  In  order  to  avoid  inconvenience 

by  a change  from  a Territorial 
to  State  government. 

2.  All  moneys  accruing  to  the  Ter- 

ritory shall  accrue  to  the  State. 

3.  All  bond  obligations  and  other 

undertakings,  undertaken  be- 
fore this  Constitution,  shall  re- 
main valid. 

4.  All  officers  holding  office  under 

the  Territory  shall  continue. 

5.  This  Constitution  shall  be  sub- 

mitted to  the  electors. 

6.  The  temporary  seat  of  govern- 

ment shall  be  determined  on. 

7.  The  election  provided  for  herein 

shall  be  under  the  provisions 
of  the  Constitution  herewith 
submitted. 

8.  The  votes  to  be  counted  after 

election  and  the  return  to  be 
certified  to. 

9.  Within  five  days  after  election 

the  results  of  the  elections 
shall  be  canvassed. 

10.  When  two  or  more  counties  are 

connected  in  one  senatorial  or 
representative  district,  clerk.« 
and  auditors  have  certain 
duties  to  perform. 

11.  The  Secretary  of  the  Territory 

shall  receive  all  returns. 

12.  The  apportionment  made  in  this 

Constitution  shall  govern  the 
election. 


cxc 


INDEX. 


Section 

13.  When  the  Legislature  elected 

under  the  provisions  of  this 
Constitution  shall  assemble. 

14.  The  oath  of  office  to  be  taken, 

and  the  election  of  two  United 
States  Senators  shall  be  made. 

15.  After  their  election  the  Legisla- 

ture shall  adjourn. 

16.  In  regard  to  what  is  contained 

in  the  Constitution  and  sched- 
ule. 

17.  The  ordinances  and  schedule  are 

held  to  be  valid. 

18.  That  we,  \he  people  of  South 

Dakota,  do  ordain,  etc. 


Section 

19.  The  tenure  of  officers  elected  as 

provided  for  in  this  schedule. 

20.  When  the  first  general  election 

under  the  provisions  of  this 
Constitution  shall  be  held. 

21.  The  form  of  ballot. 

22.  The  Constitution,  after  being 

signed  by  the  convention,  etc. 

23.  The  agreement  made  by  the 

joint  commission  of  the  con- 
stitutional conventions  of 
North  and  South  Dakota  in  re- 
gard to  the  Territory,  is  rati- 
fied and  confirmed. 


TENNESSEE. 


Article 

1.  Declaration  of  rights. 

2.  Distribution  of  powers. 

3.  Executive  department. 

4.  Elections. 

5.  Impeachments. 

6.  Judicial  department. 

7.  State  and  county  officers. 

8.  Militia. 

9.  Disqualifications. 

10.  Oaths,  bribery  of  elections,  new 

counties. 

11.  Miscellaneous  provisions. 

The  schedule. 

ARTICLE  I. 

Bill  of  Bights. 

Section 

Preamble. 

1.  All  power  is  inherent  in  the 

people. 

2.  The  government  is  instituted  for 

the  common  benefit. 

3.  Freedom  of  religious  thought 

and  worship. 

4.  No  political  or  religious  test 

should  be  required  as  a quali- 
fication of  office. 

5.  All  elections  to  be  free  and 

equal,  and  the  right  of  suf- 
frage never  denied. 

6.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

7.  The  people  shall  be  secure  from 


Section 

unreasonable  searches  and 
seizures. 

8.  No  man  shall  be  deprived  of  his 

life,  liberty  or  property  but  by 
the  judgment  of  his  peers  or 
the  law  of  the  land. 

9.  In  all  criminal  prosecutions  the 

accused  has  the  right  to  be 
heard  for  himself. 

LO.  No  person  shall  be  put  in  jeop- 
ardy twice  for  the  same  of- 
fense. 

'1.  No  ex  po.«t  facto  laws  shall  be 
made. 

12.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

13.  No  person  arrested  and  confined 

in  jail  shall  be  treated  with 
unnecessary  rigor. 

14.  No  person  shall  be  put  to  an- 

swer any  criminal  charge  but 
by  presentment,  indictment  or 
impeachment. 

15.  All  prisoners  shall  be  bailable, 

except  for  capital  offenses. 

16.  Excessive  bails  or  fines  shall  not 

be  required. 

17.  All  courts  shall  be  open  and  jus- 

tice shall  be  administered 
without  delay. 


INDEX. 


CXCl 


Section 

18.  No  person  shall  be  imprisoned 

for  debt. 

19.  The  printing-  presses  shall  be 

free  to  every  person  to  ex- 
amine the  proceedings  of  the 
Legislature. 

20.  No  law  impairing  the  obligation 

of  contracts  shall  be  made. 

21.  No  man’s  services  or  property 

shall  be  taken  without  just 
compensation  being  made 
therefor. 

22.  Perpetuities  and  monopolies 

shall  not  be  allowed. 

23.  The  people  have  a right  to  as- 

semble in  •^''^’ceable  manner 
to  consult  for  the  common 
good. 

24.  There  shall  be  a militia. — No 

standing  army. 

25.  No  person  shall  be  subject  to 

military  law  except  those  em- 
ployed in  the  army  or  militia. 
2G.  The  citizens  have  the  right  to 
keep  and  bear  arms  for  their 
common  defense. 

27.  No  soldier  shall,  in  the  time  of 

peace,  be  quartered  in  any 
house  without  the  consent  of 
the  owner. 

28.  No  person  shall  be  compelled  to 

bear  arms,  provided  he  will 
pay  an  equivalent. 

29.  An  equal  participation  in  the 

free  navigation  of  the  Missis- 
sippi is  one  of  the  inherent 
rights  of  the  citizens  of  the 
State. 

::o.  No  hereditary  emoluments,  priv- 
ileges or  honors  shall  ever  be 
granted  or  conferred  in  this 
State. 

;:i.  The  boundary  of  the  State  shall 
be  as  follows. 

32.  The  erection  of  safe  and  com- 
fortable prisons  shall  be  pro- 
vided for. 

.33.  Slavery  and  involuntary  servi- 
tude are  forever  prohibited  in 
this  State. 

34.  The  General  Assembly  shall 
make  no  law  recognizing  the 
right  of  property  in  man. 


ARTICLE  II. 

Dit^tributiou  of  PoTrers.. 

Section 

1.  The  powers  of  the  government 

shall  be  the  legislative,  execu- 
tive and  judicial. 

2.  No  person  or  persons  belonging 

to  one  of  these  departments 
shall  exercise  any  of  the  pow- 
ers properly  belonging  to  any 
of  the  others. 

ve  Depart nt . 

3.  The  Legislative  authority  of  this 

State  shall  be  vested  in  a 
General  Assembly. 

4.  An  enumeration  of  the  qualified 

voters  and  an  apportionment 
of  the  Representatives  in  the 
General  Assembly. 

5.  The  number  of  representatives 

shall  be. 

6.  The  number  of  Senators  shall  be. 

7.  The  first  election  of  Senators 

and  Representatives  shall  be 
held. 

8.  When  the  first  session  of  the 

General  Assembly  shall  com- 
mence. 

9.  Qualifications  necessary  to  be- 

come a Representative. 

10.  Qualifications  necessary  to  be- 

come a Senator. 

11.  The  Senate  and  House  of  Rep- 

resentatives shall  each  choose 
a speaker. — T'wo-thirds  in 
each  house  shall  constitute  a 
quorum. 

12.  Each  house  may  determine  the 

rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly 
conduct  and  expel  a member 
by  a two-thirds  vote. 

13.  When  Senators  and  Representa- 

tives shall  be  privileged  from 
arrest. 

14.  Each  house  may  punish  by  im- 

prisonment any  person  not  a 
member,  who  shall  be  guilty 
of  disrespect  to  the  house. 

1.5.  The  Governor  shall  have  power 
ii.  fill  vacancies. 


CXC'll 


INDEX. 


Section 

16.  In  regard  to  the  adjournment 

of  the  two  houses. 

17.  Bills  may  orignate  in  either 

house.— No  bill  shall  embrace 
more  than  one  subject. 

18.  Every  bill  shall  be  read  once  on 

three  different  days. 

19.  No  bill  shall  be  passed  after  it 

has  been  rejected  (during  the 
same  session). 

20.  The  style  of  the  laws  of  this 

State  shall  be. 

21.  Each  house  shall  keep  a journal 

of  its  proceedings. 

22.  The  doors  of  each  house  shall  be 

kept  open. 

23.  In  regard  to  the  salary  of  the 

members  of  the  G-eneral  As- 
sembly. 

24.  No  money  shall  be  drawn  from 

the  treasury,  except  by  appro-  j 
priation.  j 

25.  In  regard  to  the  eligibility  of 

members  of  the  General  As-  j 
sembly.  | 

26.  No  person  holding  any  other  j 

office  under  the  government  i 
shall  have  a seat  in  the  Gen-  j 
eral  Assembly.  i 

27.  Any  member  of  either  house  of  j 

the  General  Assembly  shall  ! 
have  the  liberty  to  protest  i 
against  any  act.  i 

28.  All  property,  real,  personal  or  i 

mixed,  shall  be  taxed. 

29.  The  General  Assembly  shall  | 

have  the  power  to  authorize  t 
the  several  counties  and  in-  ; 
corporated  towns  in  this  State  i 
to  impose  taxes.  ! 

30.  No  article  manufactured  in  this 

State  shall  be  taxed.  | 

31.  The  credit  of  this  State  shall 

not  be  loaned  or  given.  j 

32.  No  convention  or  General  As-  j 

sembly  of  this  State  shall  act  j 
upon  any  amendment  of  the 
Constitution  of  the  United 
States  proposed  by  Congress  , 
to  the  several  States.  j 

33.  No  bonds  of  this  State  shall  be 

issued  to  any  railroad  com- 
pany. 


ARTICLE  III. 

Execv  ii ve  Departmen  t. 

Section 

1.  The  supreme  executive  power 

of  this  State  shall  be  vested 
in  the  Governor. 

2.  The  Governor  shall  be  chosen  by 

the  electors  of  the  members 
of  the  General  Assembly. 

3.  The  Governor  shall  be  at  least 

thirty  years  of  age. 

4.  His  term  of  office. 

5.  He  shall  be  Commander-in- 

Chief  of  the  army  and  navy 
of  this  State. 

6.  He  shall  have  the  power  to 

grant  reprieves  and  pardons. 

7.  His  compensation. 

8.  He  may  require  information  in 

writing  from  the  members  of 
the  executive  department. 

9.  He  may  on  extraordinary  occa- 

sions convene  the  General  As- 
sembly. 

10.  He  shall  see  that  the  laws  are 

faithfully  executed. 

11.  He  shall  give  the  General  As- 

sembly information  on  such 
matters  as  he  shall  judge  ex- 
pedient. 

12.  In  case  of  the  removal  of  the 

Governor  from  office. 

13.  No  person  holding  any  other 

office  under  the  government 
shall  execute  the  office  of  Gov- 
ernor. 

14.  The  Governor  shall  have  the 

power  to  fill  vacancies. 

15.  The  seal  of  the  State. 

16.  All  grants  and  commissions 

shall  be  sealed  with  the  State 
seal  and  signed  by  the  Gov- 
ernor. 

17.  A Secretary  of  State  shall  be 

appointed  by  joint  vote  of  the 
General  Assembly. 

18.  Everj^  bill  shall  be  signed  by  the 

Governor. 

ARTICLE  IV. 

E’ecior^ 

1.  Qualifications  necessary  to  vote. 

2.  Laws  may  be  passed  excluding 

from  the  right  of  suffrage  per- 
sons who  may  be  convicted  of 
infamous  crimes. 


INDEX.  cxciii 


Section 

3.  When  electors  are  privileged 

from  arrest. 

4.  In  all  elections  of  the  General 

Assembly  the  members  thereof 
shall  vote  viva  voce. 

ARTICLE  V. 
hnpeachments. 

1.  The  House  of  Representatives 

shall  have  the  sole  power  of 
impeachment, 

2.  All  impeachments  shall  be  tried  | 

by  the  Senate.  j 

3.  The  House  of  Representatives  | 

shall  elect  three  members, 
whose  duty  it  shall  be  to  prose- 
cute impeachments. 

4.  Who  shall  be  liable  to  impeach- 

ment. 

5.  Justices  of  the  peace  and  other 

officers  not  hereinbefore  men- 
tioned shall  be  liable  to  in- 
dictment. 

ARTICLE  VI. 

Jadicial  Departments. 

1.  The  judicial  po-wer  of  this  State 

shall  be  vested  in  the  Supreme 
Court. 

2.  The  Supreme  Court  shall  consist 

of  five  judges. 

3.  The  judges  of  the  Supreme 

Court  shall  be  elected  by  the 
qualified  voters  of  the  State, 

4.  How  the  judges  of  the  Circuit 

and  Chancery  Courts,  etc., 
shall  be  elected. 

5.  An  Attorney-General  and  re- 

porter for  the  State  shall  be 
appointed  by  the  judges  of  the 
Supreme  Court. 

6.  The  judges  and  attorneys  for  the 

State  may  be  removed  from 
office  by  a concurrent  vote  of 
both  houses.  | 

7.  Compensation  of  the  judges  of 

the  Supreme  and  Inferior  , 
Courts.  j 

8.  The  jurisdiction  of  the  Circuit,  j 

Chancery  and  other  inferior  ; 
courts. 


Section 

9,  How  judges  shall  charge  juries. 

10.  Power  of  judges  and  justices  of 

inferior  courts. 

11.  No  judge  of  the  Supreme  or  in- 

ferior courts  shall  preside  at 
the  trial  of  any  cause  in  which 
he  may  be  interested. 

12.  All  writs  and  other  process  shall 

run  in  the  name  of  the  State 
of  Tennessee. 

13.  Judges  of  the  Supreme  Court 

shall  appoint  their  clerks. 

14.  In  regard  to  the  fines  to  be 

levied. 

15.  The  different  counties  in  this 

State  shall  be  laid  off  as  the 
General  Assembly  shall  direct. 

ARTICLE  VII. 

State  and  County  Officers. 

1.  In  regard  to  the  election  oL 

county  officers. 

2.  Who  shall  have  power  to  fill  va- 

cancies. 

3.  The  General  Assembly  shall 

elect  a Treasurer  and  a Comp- 
troller of  the  Treasury. 

4.  The  election  of  all  officers  to  fill 

vacancies  not  heretofore  pro- 
vided for  shall  be  made  as  the 
Legislature  may  direct. 

5.  When  the  elections  for  judicial 

and  other  civil  officers  shall  be 
held. — The  term  of  each  officei- 
so  elected. 

ARTICLE  VIII. 

Militia. 

1.  All  militia  officers  shall  be 

elected  by  persons  subject  to 
military  duty. 

2.  The  Governor  shall  have  power 

to  appoint  the  Adjutant-Gene- 
rals and  his  other  staff  officers. 

3.  The  Legislature  shall  pas.s  laws 

exempting  citizens  opposed 
to  bearing  arms  from  at- 
tending private  and  general 
musters. 


13 


Cxciv 


INDEX. 


ARTICLE  IX. 

Disqualifications. 

Section 

1.  Ministers  of  the  gospel,  etc.,  are 

not  eligible  to  a seat  in  either 
house  of  the  Legislature. 

2.  No  persons  who  deny  the  being 

of  God  shall  hold  any  civil 
office. 

3.  Duelling  disqualifies  for  office. 

ARTICLE  X. 

Oaths.,  Bribery  of  Elections.  Neic 
Counties. 

1.  Every  person  before  entering 

upon  the  duties  of  office,  shall 
take  the  oath  of  office. 

2.  Each  member  of  the  Senate  and 

House  of  Representatives  shall 
before  they  proceed  to  busi- 
ness, take  the  oath  or  affirma- 
tion. 

3.  In  regard  to  bribes. 

4.  New  counties  may  be  established 

by  the  Legislature. 

5.  In  regard  to  the  voting  of  citi- 

zens who  may  be  included  in 
any  new  county. 

ARTICLE  XI. 

Miscellaneou s Pro visio ns. 

1.  All  laws  now  in  force  shall  re- 

main until  they  expire  or  are 
repealed. 

2.  In  regard  to  the  validity  of 

debts  or  contracts. 

3.  Any  amendment  or  amendments 

to  this  Constitution  may  be 
proposed  in  the  Senate  or 
House  of  Representatives. 

4.  In  regard  to  the  granting  of  di- 

vorces. 

6.  Lotteries  illegal. 

6.  The  Legislature  shall  have  no 

power  to  change  the  names  of 
persons. 

7.  The  Legislature  shall  fix  the 


Section 

rate  of  interest,  which  shall  be 
uniform  throughout  the  State. 

8.  The  Legislature  shall  have  no 

power  to  suspend  any  general 
law  for  the  benefit  of  any  par- 
ticular individual. 

9.  The  power  of  the  Legislature  in 

regard  to  private  and  local 
matters. 

10.  In  regard  to  a system  of  internal 

improvement. 

11.  In  regard  to  the  possession  of  a 

homestead. — Shall  be  exempt 
from  sale  under  legal  process 
during  the  life  of  the  head  of 
a family. 

12.  In  regard  to  education,  literature 

and  science. 

13.  In  regard  to  fish  and  game  laws 

within  the  State. 

14.  In  regard  to  the  intermarriage  of 

white  persons  with  negroes. 

15.  No  person  shall,  in  time  of  peace. 

be  required  to  perform  any 
service  to  the  public. 

16.  The  declaration  of  rights,  hereto 

prefixed,  is  declared  to  be  a 
part  of  the  Constitution. 

17.  In  regard  to  county  offices  cre- 

ated by  the  Legislature. 

THE  SCHEDULE. 

1.  In  regard  to  the  term  of  office  of 

the  State  officers. 

2.  At  the  first  election  of  judges 

under  this  Constitution  there 
shall  be  elected  six  judges  of 
the  Supreme  Court.—  In  regard 
to  a vacancy. — The  Attorney- 
General  and  reporter  of  the 
State. 

3.  Every  judge  and  officer  of  the 

executive  department  shall 
take  the  oath  of  office. 

4.  In  regard  to  the  statutes  of  liml- 

tatiorL 


INDEX 


cxcv 


TEXAS. 


Article 

1.  Bill  of  rights. 

2.  Powers  of  government. 

3.  Legislative  department. 

4.  Executive  department. 

5.  Judicial  department. 

6.  Suffrage. 

7.  Education. — The  public  free 

schools. 

8.  Taxation  and  revenue. 

9.  Counties. 

10.  Railroads. 

11.  Municipal  corporations. 

12.  Private  corporations. 

13.  Spanish  and  Mexican  land  titles. 

14.  Public  lands  and  land  office. 

15.  Impeachment.’ 

16.  General  provisions. 

17.  Mode  of  amending  the  Constitu- 

tion of  this  State. 

Preamble. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  Texas  is  a free  and  independent 

State,  subject  only  to  the  Con- 
stitution of  the  United  States. 

2.  All  political  power  is  inherent  in 

the  people. 

3.  All  free  men  have  equal  rights. 

4.  No  religious  test  shall  ever  be 

required  as  a qualification  to 
office. 

5.  No  person  debarred  from  testi- 

fying in  any  court  in  this  State 
on  account  of  religious  opinion. 

6.  Freedom  of  religious  thought 

and  worship. 

7.  Money  shall  not  be  appropriated 

to  any  religious  society,  etc. 

8.  Freedom  of  speech  and  of  the 

press. 

9.  Unreasonable  searches  and 

seizures  forbidden. 

10.  In  criminal  prosecutions,  the 

rights  of  the  accused. 

11.  Bail  shall  be  accepted  except  for 

capital  offenses. 


Section 

12.  The  writ  of  habeas  corpus. 

13.  Excessive  bail  or  excessive  fines 

shall  not  be  imposed,  nor  cruel 
punishment  inflicted. 

14.  No  person  shall  be  put  in  jeop- 

ardy twice  for  the  same  offense. 

15.  The  right  of  trial  by  jury  shall 

remain  inviolate. 

16.  No  bill  of  attainder,  or  ex  post 

facto  laws,  shall  be  passed. 

17.  Private  property  taken  or  dam- 

aged shall  receive  just  compen- 
sation. 

18.  No  imprisonment  for  debt. 

19.  No  person  shall  be  disfranchised 

except  by  due  course  of  law. 

20.  No  person  shall  be  outlawed,  nor 

transported. 

21.  No  conviction  shall  work  corrup- 

tion of  blood. 

22.  Treason  against  the  State  de- 

fined. 

23.  The  right  to  bear  arms. 

24.  The  military  subordinate  to  the 

civil  power. 

25.  Quartering  of  soldiers. 

26.  Monopolies  and  the  law  of  primo 

geniture  forbidden. 

27.  The  citizens  have  the  right  to  as- 

semble in  a peaceable  manner 
to  consult  for  the  common 
good. 

28.  No  power  of  suspending  the  laws 

in  this  State  shall  be  exercised 
except  by  the  Legislature. 

29.  To  guard  against  transgression 

of  the  high  powers,  etc. 

ARTICLE  II. 

Powers  of  Oovernment. 

1.  The  legislative,  the  executive, 
and  the  judicial. 

ARTICLE  III. 

Legislative  Department, 

1.  The  legislative  power  of  the 
State  is  vested  in  the  Senate 
and  House  of  Representatives. 


cxcvi 


INDEX, 


Section 

2.  The  Senate  shall  consist  of 

thirty-one  members. — The 

house  of  ninety-three  members. 

3.  The  choosing  of  senators. 

4.  The  choosing  of  representatives. 

5.  The  Legislature  shall  meet  every 

two  years. 

6.  To  be  eligible  to  be  a senator. 

7.  To  be  eligible  to  be  a represen- 

tative. 

8.  Each  house  shall  be  judge  of 

the  qualification  and  election 
of  its  own  members. 

9.  The  Senate  shall  elect  a presi- 

dent pro  tempore. 

10.  Two-thirds  of  each  house  shall 

constitute  a quorum. 

11.  Each  house  to  determine  the 

rules  of  its  own  proceedings 
and  punish  members  for  dis- 
orderly conduct. 

12.  Each  house  to  keep  a journal. 

13.  Governor  may  fill  the  vacancies 

in  either  house  by  issuing 
writs  of  election. 

14.  Senators  and  representatives 

privileged  from  arrest. 

15.  Each  house  may  punish  by  im- 

prisonment any  person  not  a 
member,  etc. 

16.  The  sessions  of  each  house  shall 

be  open,  except. 

17.  They  may  not  adjourn  for  more 

than  three  days. 

18.  Senators  and  representatives 

may  not  hold  another  office. 

19.  Officers  who  are  not  eligible  to 

the  Legislature. 

20.  No  person  entrusted  with  public 

money  shall  be  eligible  to  the 
Legislature. 

21.  Freedom  of  speech  and  debate. 

22.  No  member  having  a personal 

or  private  interest  in  any 
measure  shall  vote  thereon. 

23.  If  any  Senator  or  representa- 

tive removes  his  residence 
from  the  district  for  which  he 
was  elected  his  office  thereby 
becomes  vacant. 

24.  Compensation  for  members  of 

the  Legislature. 

25.  The  State  shall  be  divided  into 

senatorial  districts. 


Section 

26.  Apportionment  of  representa- 

tives. 

27.  Elections  for  senators  and  rep- 

resentatives shall  be  general. 

28.  A new  apportionment  to  be 

made  after  each  United  States 
census. 

29.  The  enacting  clause  of  all  laws, 

shall  be. 

30.  No  law  shall  be  passed  except 

by  bill. 

31.  Bills  may  originate  in  either 

house. 

32.  No  bills  shall  have  the  force  of 

a law  until  read  three  times 
in  each  house. 

33.  Bills  for  raising  revenue  shall 

originate  in  the  House  of  Rep- 
resentatives. 

34.  After  a bill 'has  once  been  de- 

feated by  either  house  it  shall 
not  come  up  again. 

35.  No  bill  shall  contain  more  than 

one  subject. 

36.  No  law  shall  be  revived  or 

amended  by  reference  to  its 
title. 

37.  In  regard  to  the  passing  of  bills. 

38.  Presiding  officers  of  each  house 

shall  sign  all  bills. 

39.  No  law  shall  go  into  force  until 

ninety  days  after  adjournment, 
except. 

40.  The  Legislature,  when  convened 

in  special  session. 

41.  In  all  elections  in  the  Legisla- 

ture the  vote  shall  be  viva 
voce. 

42.  The  Legislature  shall  pass  laws 

necessary  to  carry  into  effect 
the  provisions  of  this  Consti- 
tution. 

43.  Civil  and  criminal  laws  to  be  re- 

vised and  published. 

44.  The  compensation  of  officers, 

servants,  etc.,  shall  be  provid- 
ed for  by  law. 

45.  The  power  to  change  the  venue 

in  civil  and  criminal  cases. 

46.  Vagrant  laws  to  be  enacted. 

47.  Lotteries  illegal. 

48.  For  what  purposes  taxes  may 

be  levied. 


INDEX. 


CXCVll 


Section 

49  In  regard  to  creating  State  debt. 
60.  State  credit  shall  not  be  given 
or  loaned. 

51.  Public  money  not  to  be  granted 

to  individuals,  associations,  etc. 

52.  No  sub-division  of  the  State  shall 

lend  its  credit. 

63.  No  extra  compensation,  fee  or 
allowance  to  a public  officer  to 
be  granted. 

54.  No  lien  held  by  the  State  upon 
any  railroad  will  be  released  or 
alienated. 

f5.  The  indebtedness,  liability  or  ob- 
ligation of  any  individual  or 
corporation  may  not  be  re- 
leased. 

56.  Local  or  special  laws  may  not  be 

passed,  on  the  following  sub- 
jects. 

57.  No  local  or  special  laws  shall  be 

passed  unless  notice  of  the  in- 
tention shall  have  been  pub- 
lished. 

58.  The  city  of  Austin  shall  be  the 

seat  of  government. 

ARTICLE  IV. 

Executive  Devartment 

1.  The  executive  department  shall 

consist  of  certain  officers. 

2.  They  shall  be  elected  by  qualified 

voters. 

3.  What  is  to  be  done  with  returns 

of  election  of  said  officers. 

4.  When  the  Governor  shall  be  in- 

stalled.—His  term  of  office  and 
qualifications. 

5.  His  compensation. 

6.  He  may  not  hold  any  other  office 

during  his  term. 

7.  He  shall  be  commander-in-chief 

of  the  militia. 

8.  He  may  on  extraordinary  occa- 

sions convene  the  Legislature. 

9.  He  shall  recommend  to  the  Leg- 

islature such  measures  as  he 
may  deem  expedient,  etc. 

10.  He  shall  cause  the  laws  to  be 

faithfully  executed. 

11.  He  may  grant  reprieves  and  par- 

dons. 


Section 

12.  How  vacancies  in  State  and  dis- 

trict offices  are  to  be  filled. 

13.  During  the  session  of  the  Legis- 

lature the  Governor  shall  reside 
in  the  same  place,  etc. 

14.  All  bills  to  be  presented  to  the 

Governor. 

15.  Orders,  resolutions  or  votes,  to 

which  the  concurrence  of  both 
houses  is  necessary,  will  be 
presented  to  the  Governor. 

16.  Lieutenant-Governor. 

17.  When  the  president  of  the  Sen- 

ate shall  act  as  Governor. 

18.  When  the  Lieutenant-Governor 

or  president  of  the  Senate  acts 
as  Governor  he  shall  be  under 
the  same  restriction,  etc. 

19.  There  shall  be  a seal  of  State 

kept  by  the  secretary. 

20.  All  commissions  shall  be  in  the 

name  of  the  State. 

21.  The  Secretary  of  State. — His  du- 

pointment  and  salary. 

22.  The  Attorney-General. — His  du- 

ties and  salary. 

23.  Other  State  officers. — Their  sal- 

aries and  term  of  office. 

24.  An  account  shall  be  kept  for  all 

moneys  received  and  disbursed. 

25.  Breach  of  trust. 

26.  Notaries  public. 

ARTICLE  V. 

Judicial  Department. 

1.  The  judicial  power  of  the  State. 
— How  vested. 

2.  The  Supreme  Court. — To  consist 

of  whom. 

3.  Its  jurisdiction  and  powers. 

4.  The  Court  of  Criminal  Appeals 

to  consist  of  three  judges. 

5.  Its  jurisdiction. 

6.  The  States  shall  be  divided  into 

not  less  than  two,  nor  more 
than  three  judicial  districts. 

7.  In  regard  to  judicial  districts 

and  judges  of  the  same. — Their 
terms  of  office  and  number  of 
courts  held. 

8.  The  District  Court. — Its  jurisdic- 

tion. 


INDEX. 


cxcviii 

Section 

9.  Clerk  of  the  District  Court. — 
His  term  of  office,  etc. 

10.  The  right  of  trial  by  jury. 

11.  No  judge  may  sit  in  any  case 

wherein  he  may  be  interested. 

12.  The  style  of  process  shall  be. 

13.  The  grand  and  petit  juries  in 

the  District  Courts  to  be  com- 
posed of  twelve  men. 

14.  The  judicial  districts  in  this 

State  are  fixed  until  otherwise 
provided  by  law. 

15.  The  County  Court  shall  be  a 

court  of  record. 

16.  Its  jurisdiction. 

17.  The  County  Court  shall  hold  a 

term  once  in  every  two 
months.— It  shall  dispose  of 
probate  business. 

18.  Each  county  shall  be  divided 

into  precincts. 

19.  Justices  of  thei  peace. — Their 
jurisdiction. 

20.  Counts'-  clerk.— His  term  of  office 

and  duties. 

21.  The  county  attorney.— His  elec- 

tion. 

22.  The  civil  and  criminal  jurisdic- 

tion of  County  Court  may 
be  increased  or  diminished. 

23.  The  sheriff.— His  term  of  office, 

duties  and  fees. 

24.  County  officers  may  be  removed 

for  incompetency. 

25.  The  Supreme  Court  may  estab- 

lish rules  of  procedure. 

26.  The  State  shall  have  no  right  of 

appeal  in  criminal  cases. 

27.  The  Legislature  shall  at  its  first 

session  provide  for  the  trans- 
fer of  all  business  pending  in 
District  Courts. 

28.  Vacancies  in  the  office  of  judges 

of  certain  courts  shall  be  filled 
by  the  Governor. 

29.  County  Court  shall  hold  at  least 

four  terms  each  year. 

ARTICLE  VI. 

Suffrage. 

1.  Enumeration  of  those  who  may 

not  vote.  !'  ! 

2.  To  be  eligible  to  vote. 


Section 

3.  T'O  have  the'  right  to  vote  for 

mayor  and  other  elective  offi- 
cers. 

4.  Elections  by  the  people  shall  be 

by  ballot. 

5.  Voters  to  be  privileged  from  ar- 

rest. 

ARTICLE  VII. 

Education — The  Public  Free  Schools. 

1.  Free  schools  to  be  established 

and  maintained. 

2.  The  school  funds  and  lands. 

3.  What  revenues  are  to  be  de- 

voted to  school  funds. 

4.  Public  school  lands  may  be  sold 

under  certain  regulations. 

5.  The  fund  shall  be  a permanent 

one,  and  shall  not  be  dimin- 
ished. 

6.  All  lands  granted  to  counties 

for  educational  purposes  shall 
be  used  for  such  purposes. 

! 7.  Separate  schools  shall  be  pro- 

vided for  white  and  colored 
children. 

8.  The  board  of  education,  to  con- 

sist of  whom. 

9.  In  regard  to  asylums,  etc. 

10.  The  university  of  the  first  class 

to  be  established. 

11.  Permanent  university  fund  shall 

be  organized. 

12.  The  lands  pertaining  to  the 

same  shall  be  sold  under  cer- 
tain regulations. 

13.  The  agricultural  and  mechanical 

college  shall  be  a branch  of 
the  university. 

14.  A branch  of  the  university  shall 

be  established  for  the  instruc- 
tion of  colored  youths. 

15.  One  million  acres  of  unappro- 

priated public  land  shall  be 
set  apart  for  the  university. 

ARTICLE  VIII. 

Tamtion  and  Revenue.  > 

1.  Taxation  shall  be  equal  and 

uniform. 

2.  Corporation  taxes  shall  be  equal 

and  uniform  upon  the  same 
class  of  subjects. 


INDEX. 


CXCIX 


Section 

3.  Taxes  shall  be  levied  and  collect- 

ed by  general  law. 

4.  The  power  to  tax  corporations 

shall  not  be  surrendered. 

6.  All  property  of  railroad  com- 
panies within  the  limits  of  a 
city,  etc.,  shall  be  subject  to 
the  usual  municipal  taxation. 

6.  No  money  shall  be  drawn  from 

the  treasury,  but  by  appro- 
priation. 

7.  The  Legislature  may  not  borrow 

any  special  fund  that  ought  to 
come  into  the  treasury. 

8.  All  property  of  railroad  com- 

panies shall  be  assessed. 

9.  The  tax  for  the  benefit  of  the 

public  schools  shall  not  exceed 
thirty-five  cents  on  one  hun- 
dred dollars. 

10.  No  individual  or  corporation 

shall  be  released  from  the  pay- 
ment of  taxes  levied  for  the 
State  or  county. 

11.  How  the  taxes  of  non-residents 

shall  be  paid. 

12.  All  property  owned  by  residents 

of  unorganized  counties  shall 
be  taxed. 

13.  The  first  Legislature  shall  pro- 

vide for  the  speedy  sale  of  a 
sufficient  portion  of  all  lands, 
etc. 

14.  An  assessor  of  taxes. — His  term 

of  office  and  election. 

15.  Property  belonging  to  any  de- 

linquent tax  payer  shall  be 
liable  to  seizure. 

16.  The  sheriff  of  each  county  shall 

also  be  collector  of  taxes. 

17.  The  Legislature  shall  have  power 

to  require  other  subjects  or  ob- 
jects to  be  taxed. 

18.  The  Legislature  shall  provide  for 

equalizing  the  valuation  of  all 
property  subject  to  taxation. 

19.  Farm  products  in  the  hands  of 

the  producer,  and  family  sup- 
plies for  home  use  are  exempt 
from  taxation. 


ARTICLE  IX. 

Section 

Counties. 

1.  The  Legislature  shall  have  power 

to  create  counties  for  the  con- 
venience of  the  people,  subject 
to  the  following  provisions. 

2.  In  regard  to  the  movement  of 

county  seats. 

ARTICLE  X. 

Railroad. 

1.  In  regard  to  the  rights  of  rail- 

road corporations. 

2.  They  are  public  highways,  and 

railroad  companies  are  common 
carriers. 

3.  Every  railroad  doing  business  in 

the  State  shall  maintain  a pub- 
lic office  in  this  State. 

4.  The  rolling  stock  and  other  mov- 

able property  of  railroads  shall 
be  considered  personal  prop- 
erty. 

5.  No  railroad  shall  consolidate 

with  any  parallel  or  competing 
line. 

6.  No  railroad  organized  under  the 

laws  of  this  State  shall  con- 
solidate with  any  foreign  cor- 
poration. 

7.  Street  railways  and  cities  and 

towns  must  get  the  consent  of 
the  local  authorities. 

8.  No  railroad  in  existence  at  the 

time  of  the  adoption  of  this 
constitution  shall  have  the 
benefit  of  future  legislation,  ex- 
cept. 

9.  In  regard  to  their  obligations  to 

build  a depot. 

ARTICLE  XI. 

Municipal  Corporations. 

1.  The  counties  of  the  State  are 

recognized  as  legal  sub-divi- 
sions of  the  same. 

2.  The  construction  of  public  build- 

ings shall  be  provided  by  gene- 
ral law. 

3.  No  sub-division  of  the  State  shall 

be  a stockholder  in  any  corpo- 
1 ration. 


cc 


J INDEX. 


Section 

4.  Cities  and  towns  of  ten  thousand 

inhabitants  or  less  may  be 
chartered  alone  by  general  law. 

5.  Those  having  more  than  ten 

thousand  may  have  their  char- 
ters granted  by  special  act  of 
the  Legislature. 

6.  Counties,  cities  or  towns  are  au- 

thorized to  levy  and  assess 
taxes,  etc. 

7.  All  counties  and  cities  bordering 

on  the  Gulf  of  Mexico  may  col- 
lect taxes  for  the  construction 
of  sea  walls,  break-waters,  etc. 

8.  The  Legislature  may  aid  by  do- 

nation for  the  construction  of 
the  same. 

9.  Enumeration  of  property  to  be 

exempt  from  forced  sale  and 
taxation. 

10.  The  Legislature  may  constitute 
any  city  or  town  an  indepen- 
dant school  district. 

ARTICLE  XII. 

Private  Corporations. 

1.  They  shall  not  he  creaiech,except 

by  special  law. 

2.  Private  corporations. — How  cre- 

ated. 

8.  The  right  to  authorize  and  regu- 
late freights,  tolls,  fares,  etc., 
shall  never  be  relinquished  by 
the  State. 

4.  The  mode  of  procedure  by  the 

Attorney-General  and  district 
or  county  attorneys  shall  be 
provided  for  by  the  Legisla- 
ture. 

5.  Laws  granting  the  right  to  de- 

mand and  collect  freight,  fares, 
tolls,  etc.,  shall  be  subject  to 
amendment  or  repeal  by  the 
Legislature. 

6.  No  corporations  shall  issue  stocks 

or  bonds,  except  for  money 
paid. 

7.  Nothing  in  this  article  shall  be 

construed  to  effect  the  rights 
guaranteed  by  any  existing 
statute  of  this  State  or  the  re- 
public of  Texas. 


ARTICLE  XIII. 

Spanish  and  Mexican  Land  Titles. 

Section 

j 1.  All  fines,  penalties,  etc.,  accru- 
ing to  the  Republic  and  State 
I of  Texas  under  their  Constitu- 

I tions  shall  accrue  to  the  State 

J under  this  Constitution. 

I 2.  In  regard  to  claim  of  title  or 
I right  of  land  in  Texas  issued 

j prior  to  the  13th  day  of  No- 

I vember,  1835. 

} 3.  For  the  non-payment  of  taxes  on 

j any  such  claim  it  shall  be  pre- 

I sumed  that  the  right  thereto 

I has  reverted  to  the  State. 

I 4.  In  regard  to  the  failure  to  re- 
I cord  such  claim  of  title. 

5.  All  claims,  etc.,  declared  void  by 

j the  Constitution  of -the  Repub- 

i lie  or  State  of  Texas  shall  re- 

main forever  void. 

6.  In  regard  to  forgers  of  land 

titles. 

7.  Sections  2,  3,  4 and  5 of  this  ar- 

ticle do  not  set  aside  or  repeal 
I any  laws  of  the  Republic  or 

I State  of  Texas. 

I ARTICLE  XIV. 

Public  Land  and  Public  Office. 

I 1.  There  shall  be  one  general  land 
office  in  the  State,  which  shall 
I be  at  the  seat  of  government. 

■ 2.  All  land  certificates  barred  by 

section  4,  article  10,  of  the  Con- 
stitution of  1869,  are  hereby  re- 
; vived. 

3.  No  lands  shall  be  granted  by  the 
I State,  except  upon  the  follow- 

I ing  restrictions, 

i 4.  No  certificate  for  land  shall  be 
sold  except  to  actual  settlers, 
j 5.  In  regard  to  lands  heretofore  or 
hereafter  granted  to  railroad 
I companies, 

j 6.  To  the  head  of  every  family 
I without  a homestead  there 

I shall  be  donated  160  acres  of 

j public  lands  upon  conditions. 

I 7.  All  mines  and  minerals  are  re- 
leased to  the  owner  ^f  the  soil. 


liNDEX. 


cci 


Section 

8.  In  regard  to  persons  holding  land 
granted  by  the  governments  of 
Spain  or  Mexico. 

ARTICLE  XV. 

Impeachment. 

1.  The  power  of  impeachment  shall 

be  vested  in  the  House  of  Rep- 
resentatives. 

2.  Impeachment  of  the  Governor. 

Lieutenant-Governor,  Attor- 
ney-General, etc.,  shall  be 
tried  by  the  Senate. 

3.  When  the  Senate  is.  sitting  as  a 

court  of  impeachment,  the 
Senators  shall  be  on  oath  or 
affirmation. 

4.  Judgment  in  cases  of  impeach- 

ment shall  extend  only  to  re- 
moval from  office. 

5.  All  officers  against  whom  arti- 

cles of  impeachment  have  been 
preferred  shall  be  suspended 
from  the  duties  of  office,  etc. 

6.  Judge  of  a District  Court  may 

be  removed  for  misconduct, 
etc. 

7.  All  officers  of  the  State  may  be 

removed. 

8.  Judges  of  the  Supreme  and  Court 

of  Appeals  and  District  Courts 
may  be  removed  for  neglect  of 
duty,  etc. 

ARTICLE  XVI. 

* General  Provisions 

1.  All  officers  shall  take  the  follow- 

ing oath. 

2.  Bribery,  perjury,  etc.,  shall  ex- 

clude from  office. 

3.  In  regard  to  those  committed  to 

the  county  jails. 

4.  Dueling  forbidden. 

5.  Bribery  disqualifies  from  holding 

office. 

6.  An  account  of  receipts  and  ex- 

penditures for  public  money 
shall  be  made  annually.  — No 
appropriations  shall  be  made 
for  private  or  indiviual  pur- 
poses. 


Section 

7.  The  Legislature  may  not  issue 

“ treasury  warrants,”  ‘‘  trea- 
sury notes,”  etc. 

8.  Each  county  shall  provide  for  a 

poor-house. 

9.  Residence  not  forfeited  on  ac- 

count of  absence  from  the 
State  or  of  the  United  States. 

10.  Salaries  of  public  officers  may  be 

deducted  for  neglect  to  per- 
form any  duty. 

11.  Legal  rate  of  interest  ten  per 

cent. 

12.  Those  who  are  not  eligible  as 

members  of  the  Legislature. 

13.  Differences  may  be  decided  by 

arbitration. 

14.  All  civil  officers  shall  reside 

within  the  State;  district  and 
county  officers  within  the  dis- 
trict or  county. 

15.  The  rights  of  the  wife  to  prop- 

erty. 

16.  No  corporate  body  shall  here- 

after be  created,  renewed  or 
extended  with  banking  or  dis- 
counting privileges. 

17.  All  officers  within  this  State 

shall  continue  to  perform  the 
duties  of  office  until  successors 
are  duly  qualified. 

18.  In  regard  to  the  rights  of  prop- 

erty and  of  action  which  have 
been  acquired  under  the  Con- 
stitution of  the  republic  and 
State. 

19.  The  Legislature  shall  prescribe 

the  qualification  of  grand  and 
petit  jurors. 

20.  In  regard  to  the  sale  of  intoxi- 

cating liquors. 

21.  Stationery  and  printing. 

22.  In  regard  to  fence  laws. 

23.  The  Legislature  may  pass  laws 

for  the  regulation  of  live  stock, 
etc. 

24.  Public  roads  and  bridges. 

25.  Drawbacks  and  rebatement  of 

insurance,  freight,  etc. 

26.  In  regard  to  the  responsibility  of 

a person,  corporation  or  com- 
pany committing  homicide 
through  gross  neglect. 


cell 


INDEX. 


Section 

27.  Elections  to  fill  vacancies  shall 

be  for  the  unexpired  term 
only. 

28.  Current  wages  for  personal  ser- 

vice shall  never  be  subject  to 
garnishment. 

29.  Barraty  to  be  defined  and  pun- 

ished. 

30.  The  term  of  office  not  fixed  by 

this  Constitution  not  to  ex- 
ceed two  years. 

31.  Laws  prescribing  the  qualifica- 

tions of  practitioners  of  medi- 
cine. 

32.  A board  of  health  and  vital  sta- 

tistics. 

33.  The  accounting  officer  of  this 

State  may  pay  no  salary  to 
any  person  holding  any  other 
office  of  honor  or  profit  under 
this  State  or  the  United  States. 

34.  In  regard  to  the  leasing  of  land 

for  the  erection  of  forts,  etc., 
for  the  United  States. 

35.  Laws  shall  be  passed  to  protect 

laborers  on  public  buildings, 
etc.,  against  the  failure  of  con- 
tractors to  pay  their  wages 
when  due. 

36.  The  payment  of  teachers  of 

public  schools. 

37.  Mechanics,  artisans,  etc.,  shall 

have  a lien  upon  buildings  and 
articles  made  or  repaired  by  j 
them  for  the  value  of  their  I 
labor.  i 

38.  The  office  of  commissioner  of 

insurance,  statistics  and  his- 
tory may  be  provided  for. 

39.  The  memorials  of  the  history  of  i 

Texas  to  be  preserved.  j 

40.  No  person  may  hold  at  the  same  j 

time  more  than  one  civil  office, 
except  justices  of  the  peace 
and  others  enumerated. 

41.  Bribery  shail  be  punished  as  j 

provided  by  law.  j 

42.  The  Legislature  may  establish  1 

an  inebriate  asylum. 

43.  No  man  or  set  of  men  shall  ever 

be  exempted  from  any  public 
duty  or  service  imposed  by 
general  law,  by  any  special  ' 
law. 


Section 

44.  The  duties  and  election  of  the 
. county  treasurer  and  county 

surveyor  shall  be  prescribed 
by  the  Legislature. 

45.  Records,  rolls  and  other  docu- 

ments shall  be  preserved  and 
cared  for. 

46.  The  Legislature  shall  provide  by 

law  for  organizing  and  dis- 
ciplinintf  the  militia  of  the  State. 

47.  Any  person  who  conscientiously 

scruples  to  bear  arms  shall  not 
be  compelled  to  do  so. 

48.  All  laws  and  parts  of  laws  now 

in  force,  shall  remain  in  force 
until  they  expire  by  limitation. 

49.  The  Legislature  shall  have 

power,  and  it  shall  be  its  duty 
to  protect  by  law  property  of 
heads  of  families. 

50.  The  homestead  of  a family  shall 

be  protected  from  forced  sale 
for  the  payment  of  debts,  ex- 
cept for  the  purchase-money 
thereof. 

51.  The  homestead  not  in  a town  or 

city  shall  consist  of  not  more 
than  two  hundred  acres. 

52.  In  regard  to  the  disposition  of 

property  on  the  death  of  hus- 
band or  wife,  or  both. 

53.  That  no  inconvenience  may  arise 

from  the  adoption  of  this  Con- 
stitution, it  is  declared  that  all 
writs  and  process  shall  remain 
valid. 

54.  Indigent  lunatics  shall  be  cared 
• for  at  the  expense  of  the  State. 

55.  Soldiers  of  the  Texas-Mexican 

war  may  be  pensioned. 

56.  Public  money  may  not  be  ap- 

propriated for  bringing  immi- 
grants into  the  State. 

57.  Three  millions  of  acres  of  the 

public  domain  are  set  apart 
for  the  purpose  of  erecting  a 
new  State  capitol  and  other 
public  buildings. 

ARTICLE  XVII. 

Mode  of  Amending  the  Confstituiion. 

1.  The  Legislature  may  propose 
amendments  to  the  Constitu- 
tion to  be  voted  upon  by  the 
qualified  electors. 


INDEX. 


CClil 


YEEMONT. 


CHAPTER  1. 

A declaration  of  the  rights  of  the 
inhabitants  of  the  State  of  Ver- 
mont. 

Article 

1.  All  men  born  free;  their  natural 

rights;  slavery  prohibited. 

2.  Private  property  subject  to  pub- 

lic use;  owner  to  be  paid. 

3.  Freedom  in  religion;  right  and 

duty  of  religious  worship. 

4.  Remedy  at  law  secured  to  all. 

5.  People  by  the  Legislature,  to 

regulate  internal  police. 

6.  Officers  servants  of  the  people. 

7.  Government  for  the  people;  they 

may  change  it. 

8.  Elections  to  be  free  and  pure; 

rights  of  freemen  therein. 

9.  Citizen’s  rights  and  duties  In 

the  State.  — Bearing  arms.  — 
Taxation. 

10.  Rights  of  persons  accused  of 

crime.  Personal  liberty. 

11.  Search  and  seizure  regulated. 

12.  Trial  by  jury  to  be  held  sacred. 

13.  Freedom  of  speech  and  of  the 

press. 

14.  Immunity  for  words  spoken  in 

^ legislative  debate. 

15.  Legislature  only  may  suspend 

laws. 

16.  Right  to  bear  arms;  standing 

armies;  military  power  subor- 
dinate to  civil.  ' 

17.  Martial  law  restricted. 

18.  Regard  to  fundamental  princi- 

ples and  virtues,  necessary  to 
preserve  liberty. 

19.  Right  to  emigrate. 

20.  Right  to  assemble,  instruct  and 

petition. 

21.  No  transportation  for  trial. 

CHAPTER  2. 

Plan  or  frame  of  government. 
Section 

1.  Superseded. 


I Section 
[ 2.  Superseded. 

I 3.  Superseded. 

4.  Courts  of  justice  in  each  county; 

I judges. 

1 5.  Courts  of  chancery  may  be 

j erected. 

I 6.  Legislative,  executive  and  judi- 
' ciary  departments  to  be  dis- 

tinct. 

7.  Town  representation. 

8.  Election  of  representatives, 
j 9.  Powers  of  the  Legislature. 

j 10.  Election  of  Governor,  Lieuten- 
1 ant-Governor  and  Treasurer, 

i 11.  Governor  and  executive  power. 

12.  Representative’s  oaths. 

13.  Doors  of  general  assembly  to  be 

open. 

: 14.  Journals,  with  yeas  and  nays  to 
be  printed. 

I 15.  Style  of  laws. 

16.  Superseded. 

: 17.  Only  money  appropriated  by 
1 act  of  legislation  to  be  drawn 

I from  treasury. 

I 18.  Residence  of  representatives. 

19.  Representatives  not  to  act  as 
: counsel  or  take  fee  for  advo- 

cating bill. 

' 20.  Legislature  not  to  declare  any 
guilty  of  treason  or  felony. 

21.  Freeman’s  qualifications  and 
j oath. 

j 22.  Inhabitants  to  be  armed  and 
1 trained. — Officers  of  militia. 

23.  Form  of  commissions;  State 

seal. 

24.  Impeachments;  all  officers  liable 

to;  no  bar  to  prosecution  at 
I law. 

: 25.  Officers  of  profit  forbidden. — 
' Officers  to  have  reasonable 

' compensation.  — Fees  to  be 

lessened.  — Receiving  illegal 
fees. 

26.  Incompatible  offices.  — Federal 
, officers  ineligible. 


CCIV 


INDEX. 


Section 

27.  Superseded. 

28.  Treasurer’s  accounts  to  be  aud- 

ited. 

29.  Oaths  of  allegiance  and  office. — 

Every  officer  to  take  and  sub- 
scribe them. 

30.  Eligibility  of  Governor  and 

Lieutenant-Governor. 

31.  Trials  of  proper  issues  to  be  by 

jury. 

32.  Form  of  prosecutions  and  indict- 

ments.— Fines. 

33.  Imprisonment  for  debt  restrict- 

ed.— Prisoners  bailable. — No  ex- 
cessive bail. 

34.  Elections  to  be  free  and  volun- 

tary; punishment  for  corrup- 
tion. 

35.  Deeds  to  be  recorded. 

36.  Entails  to  be  regulated. 

37.  Punishment  for  crimes  not  capi* 

tal  to  be  hard  labor. 

38.  Suicide’s  estate  not  to  be  for- 

feited.— No  deodand. 

39.  Citizenship,  how  obtained. 

40.  Liberty  to  hunt,  fowl  and  fish. 

41.  Laws  to  encourage  virtue  and 

prevent  vice  to  be  kept  in 
force.  — Schools  to  be  main- 
tained and  religious  societies 
encouraged. 

42.  Declaration  of  rights  not  to  be 

violated. 

43.  Abrogated. 

ARTICLES  OP  AMENDMENT. 
Article 

1.  Foreigners  to  be  naturalized  be- 

fore becoming  freemen. 

2.  House  of  Representatives. 

3.  General  assembly;  like  powers 

of  Senate  and  House  in  legis- 
lation. — Revenue  bills.  — Ad- 
journment. 

4.  Superseded. 

5.  Election  of  Senators;  duties  of  ^ 

several  officers  therein. — Legis-  I 
lature  may  regulate  the  elec- 
tion. 

6.  Powers  of  the  Senate. — Lieuten- 

ant-Governor to  be  present 
and  have  casting  vote. 


Article 

7.  Senate  to  try  impeachments.— 
Extent  of  judgment. 

8.  Governor  supreme  executive, 
his  powers. — May  appoint  sec- 
retary of  civil  and  military 
affairs. 

9.  General  assembly  to  canvass 
votes  for  Governor,  Lieuten- 
ant-Governor and  Treasurer; 
and  to  elect  these  officers  if 
the  freemen  do  not. 

10.  General  assembly  to  elect  Sec- 
retarv  of  State  and  certain 
other  officers. 

11.  Bills  to  be  sent  to  the  Governor; 
to  be  signed  by  him  if  ap- 
proved.— Veto  and  proceedings 
thereon. — Bills  not  returned. 

12.  Writs  of  habeas  corpus  not  to 
be  suspended. 

13.  Effects  of  certain  amendments 

to  the  Constitution. 

14.  Freemen  to  elect  assistant 

judges  of  the  County  Court. 

15.  Freemen  to  elect  sheriffs  and 

high  bailiffs. 

16.  Freemen  to  elect  State’s  attor- 

neys. 

17.  Freemen  to  elect  judges  of  pro- 

bate. 

18.  Freemen  to  elect  justices  of  the 

peace. — Number  of  justices  in 
each  town. 

19.  Officers  named  in  five  preceding 

I sections  to  be  elected  by  bal- 

I lot. 

[ 20.  Election  of  assistant  judges  of 
the  County  Court,  sheriffs, 
high  bailiffs.  State’s  attorneys, 
judges  of  probate,  and  justices 
of  the  peace;  the  Governor  to 
commission  them. 

21.  Legislature  to  provide  for  va- 

cancy in  offices  of  Governor, 
and  Lieutenant  - Governor.  — 
Governor  may  appoint  a treas- 
urer to  fill  a vacancy. 

22.  Securities  to  be  given  by  trea- 

surer, sheriffs  and  high  bail- 
iffs. 

23.  Senators;  their  number,  qualifi- 

cations and  apportionment. 


INDEX. 


ccv 


Article. 

24.  Sec.  1.  Biennial  sessions.— Sec.  2. 

Biennial  elections.  — Sec.  3. 
Term  of  office  of  the  Governor, 
Lieutenant  - Governor  and 
Treasurer. — Sec.  4.  Term  of  of- 
fice of  Senators  and  Represen- 
tatives.— Sec.  5.  Term  of  office 
of  county  officers. 

25.  Sec.  1.  Mode  of  amending  Con- 

stitution.— Sec.  2.  General  As- 
sembly may  direct  manner  of 


Article. 

voting  on  amendments. — Sec.  3. 
House  of  Representatives  may 
order  impeachments.  — Sec.  4. 
Council  of  censors  abolished. 

26.  Term  of  office  of  judges  of  the 

Supreme  Court. 

27.  Additional  oath  to  representa- 

tives. — Construction  of  words 
in  oath. 

28.  Election  of  Secretary  of  State 

and  auditor  of  accounts. 


VIRGINIA. 


ARTICLES. 

Article 

1.  Bill  of  rights. 

2.  Division  of  powers. 

3.  Elective  franchise  and  qualifi- 

cations for  office. 

4.  Executive  department. 

5.  Legislative  department. 

6.  Judiciary  department. 

7.  County  organizations. 

8.  Education. 

9.  Militia. 

10.  Taxation  and  finance. 

11.  Miscellaneous  provisions. 

12.  Future  changes  in  the  Consti- 

tution. 

ARTICLE  I. 

Bill  of  Rights. 

Section 

1.  Equality  and  rights  of  indi- 

viduals. 

2.  The  State  a unit  of  the  federal 

government. 

3.  Supreme  law  of  the  land. 

4.  All  power  vested  in  the  people. 

5.  Protection  and  security  of  the 

nation. 

6.  That  no  man  or  set  of  men  are 

entitled  to  exclusive  or  sepa- 
rate emoluments. 

7.  Legislative,  executive  and  judi- 

cial powers. 

8.  Right  of  suffrage. 

9.  The  people  have  the  right  of 

representation. 

10.  In  capital  prosecutions  a man 

has  the  right  to  know  the 


Section 

cause  and  nature  of  his  accu- 
sation. 

11.  Excessive  bail. 

12.  General  warrants  and  right  to 

search. 

13.  Trial  by  jury  is  preferable  to 

any  other. 

14.  Freedom  of  the  press. 

15.  Militia  for  defense  of  the  State. 

16.  Uniform  government. 

17.  Free  government  dependent  up- 

on justice,  moderation  and 
temperance. 

18.  Freedom  of  religious  thought. 

19.  Slavery  and  involuntary  servi- 

tude illegal,  except  as  lawful 
imprisonment. 

20.  Civil  and  political  rights. 

21.  The  rights  enumerated  in  this 

bill  do  not  limit  other  acts 
of  the  people. 

ARTICLE  II. 

Division  of  Powers. 

1.  The  powers  of  the  State  are  to 
be  divided  under  the  legisla- 
tive, executive  and  judiciary 
departments. 

ARTICLE  III. 

Elective  Franchise  and  Qualifications 
for  Office. 

1.  Qualifications  for  voting. 

First.  Those  who  may  not  vote. 
— Idiots  and  lunatics. 


CCVl 


INDEX. 


Section 

Second.  Those  convicted  of  bri- 
bery, etc. 

Third.  For  fighting  a duel. 

2.  All  elections  shall  be  by  ballot. 

3.  Those  eligible  as  jurors. 

4.  Exemption  from  military  ser- 

vice. 

5.  Oath  of  office. 

ARTICLE  IV. 

Executim  Bejpartment. 

1.  Chief  officer  is  the  Governor. 

2.  Election  of  the  Governor. 

3.  To  be  eligible  for  office  of  Gov- 

ernor. 

4.  Residence  of  Governor  and 

salary. 

5.  Governor’s  duties. 

6.  Governor  to  have  Information 

from  officers  in  executive  de- 
partment. 

7.  Commissions  and  grants  to  be 

in  the  name  of  the  common- 
wealth of  Virginia. 

8.  Certain  requirements  for  every 

resolution  before  it  becomes 
a law. 

9.  Election  of  Lieutenant-Gover- 

nor. 

10.  When  Lieutenant  - Governor 

takes  the  Governor’s  place. 

11.  Lieutenant  - Governor  president 

of  the  Senate. 

12.  Secretary  of  the  Commonwealth, 

Treasurer  and  Auditor. — Elec- 
tion of  the  same. 

13.  Duties  of  the  Secretary. 

14.  Powers  and  duties  of  the  Treas- 

urer. 

15.  Bureau  of  statistics,  agriculture, 

chemistry  and  geology. 

16.  Bureau  of  immigration. 

17.  Board  of  public  works,  to  con- 

sist of  Governor,  Auditor  and 
Treasurer. 

ARTICLE  V. 

Legislative  Department. 

1.  Legislative  power  vested  in 
General  Assembly. 


Section 

2.  Election  of  House  of  Dele- 

gates. 

3.  The  Senate  shall  consist  of  not 

less  than  thirty-three  nor 
more  than  forty  members. — 
Election  of  the  same. 

4.  Appointment  of  Senators  and 

Delegates. 

5.  Qualifications  of  Senators  and 

Delegates. 

6.  General  Assembly  to  meet  once 

in  two  years.  — In  regard  to 
adjournment. 

7.  The  speaker  of  the  House  of 

Delegates. — Filling  vacancies. 

8.  Salaries  of  members  of  General 

Assembly. 

9.  Origin  of  bills  and  resolutions. 

10.  For  a bill  to  become  a law. 

11.  Members  of  the  General  Assem- 

bly, when  privileged  from  ar- 
rest. 

12.  Apportionment  of  members  to 

House  of  Representatives. 

13.  Division  of  the  State  into  dis- 

tricts. 

14.  Privilege  of  writ  of  habeas  cor- 

pus.— Bill  of  attainder. 

15.  No  law  shall  embrace  more  than 

one  subject. 

16.  Those  who  may  be  impeached. 

17.  Charters  not  granted  to  relig- 

ious denominations. 

18.  Lotteries. 

19.  Formation  of  a new  county. 

20.  Divorces  and  change  of  names 

of  persons. 

21.  Registration  of  births,  mar- 

riages and  deaths. 

22.  Conducting  elections  and  filling 

vacancies. 

23.  Government  of  towns  and  cities 

provided  for  by  Legislature. 

24.  Removal  of  disabilities  incurred 

by  dueliing. 

ARTICLE  VI. 

Judiciary  Department 

1.  Jurisdiction  of  Supreme  Court 
of  Appeals,  Circuit  Courts, 
and  County  Courts,  to  be  regu- 
lated by  law. 


INDEX. 


CCVll 


Section 

2.  Supreme  Court  of  Appeals  to 

consist  of  five  judges. 

3.  Special  Courts  of  Appeals. 

4.  Reversal  of  judgment. 

5.  Choosing  of  judges  and  their 

term  of  office. 

6.  Duties  and  compensation  de- 

scribed by  law. 

7.  Session  of  Supreme  Court  of  | 

Appeals.  j 

8.  Election  of  Attorney-General. 

9.  Judicial  districts,  how  divided,  j 

10.  Rearrangement  of  circuits.  i 

11.  Term  of  office  of  Circuit  Judge. 

12.  Circuit  Court  to  be  held  once  a | 

year.  j 

13.  County  Courts,  term  of  office  of  j 

judges  of  the  same. 

14.  Government  of  cities  and  towns. 

15.  Officers  of  the  same. 

16.  Attorney  for  the  Common- 

wealth. 

17.  City  sergeant. 

18.  Treasurer. 

19.  Commissioner  of  revenue. 

20.  Mayor,  his  election  and  duties, 

and  other  city  and  town  offi- 
cers. 

21.  Time  for  holding  elections. 

22.  General  provisions. 

23.  Removal  of  judges. 

24.  Certain  judges  not  to  hold 

other  offices. 

25.  Duties  after  expiration  of  term 

of  office. 

26.  Writs  and  indictments. 

ARTICLE  VII. 

County  Organizations. 

1.  County  officers. 

2.  Division  of  county  into  magis- 

terial districts. 

3.  School  districts. 

4.  Rights  of  General  Assembly  to 

appoint  additional  officers. 

5.  Sheriffs. 

ARTICLE  VIII. 

Education. 

1.  Superintendent  of  public  instruc- 

tion. 

2.  Board  of  education. 


i Section 

i 3.  Free  schools. 

j 4.  Compu  sory  atter.dance  at 

school. 

j 5.  Establishment  of  other  schools. 

6.  Uniformity  of  text-books. 

7.  For  . the  support  of  schools. 

8.  Supplying  free  text-books,  when 

it  may  be  done. 

9.  Higher  grades. 

10.  Donations  to  be  applied  in  ac- 

cordance with  the  terms  pre- 
scribed by  donor. 

11.  Each  city  and  town  to  be  ac- 

countable for  destruction  of 
school  property. 

12.  School  officers. — Salaries  and  du- 

ties to  be  fixed  by  General 
Assembly. 

ARTICLE  IX. 

Militia. 

1.  Those  who  may  be  called  upon 

to  serve  in  the  militia. 

2.  Encouragement  of  volunteer 

corps  by  the  State. 

ARTICLE  X. 

Taxation  and  Finance 

1.  Real  and  personal  property  to 

be  taxed  in  proportion  to  Its 
value. 

2.  Gathering  of  oysters  free,  but 

the  amount  of  sales  may  be 
taxed. 

3.  Certain  property  may  be  exempt 

from  taxation. 

4.  Income  tax  on  over  $600  per 

annum  and  upon  certain  li- 
censes. 

5.  A tax  on  male  citizens  for  bene- 

fit of  public  schools. 

6.  Reassessment  of  real  estate 

every  five  years. 

7.  What  debts  the  State  may  con- 

tract. 

8.  A sinking  fund  to  be  provided. 

9.  In  regard  to  the  interest  on 

State  bonds. 

10.  Appropriations  to  be  made  by 

law  for  the  payment  of  State 
money. 


ccviii 


INDEX. 


Section 

11.  A majority  of  the  votes  of  the 

members  of  each  house  neces- 
sary to  make  a law. 

12.  State  credit  not  to  be  granted. 

13.  In  regard  to  the  issue  of  scrip. 

14.  State  may  not  hold  corporation 

stock. 

15.  State  not  to  be  interested  in  any 

work  of  internal  improvement. 

16.  The  fixing  of  a tax. 

17.  The  State  shall  not  assume  In- 

debtedness of  any  county, 
borough  or  city. 

18.  An  account  of  the  expenditures 

of  public  money  is  to  be  given. 

19.  In  regard  to  adjusting  with 

West  Virginia  the  proportion 
of  the  public  debt  of  Virginia 
proper,  to  be  borne  by  West 
Virginia. 

20.  The  amount  of  tax  or  revenue 

shall  not  exceed  the  necessary 
expenses  of  the  State. 

21.  Liability  to  the  State  of  any  in- 

corporated company.  — Shall 
not  be  released. 

ARTICLE  XI. 

Homestead  and  Other  Exemptions. 

1.  Rights  of  the  homestead.  j 

2.  Refers  to  section  1.  ' 

3.  Nothing  in  this  article  to  inter- 

fere with  the  sale  of  property. 

4.  General  Assembly  is  prohibited 

from  passing  “stay  laws.” 


Section 

5.  In  regard  to  the  rights  of  the 

head  of  a family  or  house- 
holder. 

6.  Abrogation  of  certain  acts. 

7.  The  provisions  of  this  article 

shall  be  liberally  construed. 

8.  Church  bodies  and  the  rights  of 

ecclesiastical  bodies. 

9.  Heirship  of  property.— Rights  of 

children,  one  or  both  of  whose 
parents  were  slaves. 

ARTICLE  XII. 

Future  Changes  in  the  Constitution. 

1.  Amendments  to  the  Constitu- 

tion may  be  proposed  in  the 
Senate  and  House  of  Dele- 
gates. 

2.  In  regard  to  revising  the  Con- 

stitution. 

SCHEDULE. 

1.  Common  and  statute  law  now 

in  force  not  repugnant  to  this 
Constitution,  shall  remain  in 
force. 

2.  All  writs,  actions,  charters,  etc., 

shall  continue. 

3.  Fines  and  penalties  under  the 

old  and  the  new  Constitutions. 

4.  That  all  bonds,  obligations,  etc., 

shall  remain  valid  under  this 
Constitution. 


WASHINGTON. 


1.  Declaration  of  rights. 

2.  Legislative  department. 

3.  The  Executive. 

4.  The  Judiciary. 

5.  Impeachment. 

6.  Election  and  election  rights. 

7.  Revenue  and  taxation. 

8.  State,  county  and  municipal  in- 

debtedness. 

9.  Education. 

10.  Militia. 

11.  County,  city  and  township  or- 

ganization. 


12.  Corporations  other  than  munic- 

' ipal. 

13.  State  institutions. 

I 14.  Seat  of  government. 

15.  Harbors  and  tide  water. 

16.  Schools  and  granted  lands. 

17.  Tide  lands. 

18.  State  seals. 

19.  Exemptions. 

i 20.  Public  health  and  vital  statis- 
tics. 

21.  Water  and  water  rights. 

22.  Legislative  apportionment. 

23.  Amendments. 


INDEX. 


CCIX 


24.  Bounda-ries. 

25.  Jurisdiction. 

26.  Compact  with  the  United  States. 

27.  Schedule. 

Preamble 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  political  power  is  inherent  in 

the  people. 

2.  The  Constitution  of  the  United 

States  is  the  supreme  law  of 
the  land. 

3.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

4.  The  people  have  the  right  to  as/- 

semble  in  a peaceable  manner 
to  consult  for  the  common 
good. 

5.  Freedom  of  speech. 

6.  The  manner  of  administering 

an  oath. 

7.  No  person  shall  be  disturbed  in 

his  private  affairs  or  his  home 
invaded  without  authority  of 
law. 

8.  No  law  granting  any  privilege 

or  franchise  shall  be  passed  by 
the  Legislature. 

9.  No  persons  shall  be  compelled  to 

give  evidence  against  them- 
selves, or  be  twice  put  in  jeop- 
ardy for  the  same  offense. 

10.  Justice  to  be  administered  open- 

ly and  without  delay. 

11.  Frejedom  of  religious  thought 

and  worship. — No  appropria- 
tions for  support  of  religious 
instruction. — No  religious  qual- 
ifications required  for  public 
office. 

12.  No  law  granting  to  any  class 

of  citizens,  etc.,  privileges  or  ! 
Immunities.  ! 

13.  The  privilege  of  the  writ  of  | 

habeas  corpus  shall  not  be  sus- 
pended. ' 

14.  Excessive  bail  or  fines  not  to  be 

imposed,  nor  cruel  punishments  | 
inflicted.  ' 


Section 

15.  Conviction  shall  not  work  cor- 

ruption of  blood  nor  forfeiture 
of  estate. 

16.  Private  property  shall  not  be 

taken  without  just  compensa- 
tion. 

17.  No  imprisonment  for  debt,  ex- 

cept. 

18.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

19.  All  elections  shall  be  free  and 

equal. 

20.  Bail  accepted  for  all  crimes  ex- 

cept capital  offenses. 

21.  The  right  of  trial  by  jury  shall 

remain  Inviolate. 

22.  In  criminal  prosecutions,  the  ac- 

cused shall  have  the  right  to 
appear  and  defend  in  person, 
etc.,  and  demand  the  nature 
and  cause  of  the  accusation 
against  him. 

23.  No  bill  of  attainder,  ex  post 

facto  law,  etc.,  shall  ever  be 
passed. 

24.  Right  to  bear  arms. 

25.  Offenses  heretofore  required  to' 

be  prosecuted  by  indictment 
may  be  prosecuted  by  infor- 
mation. 

26.  How  grand  juries  may  be  sum- 

moned. 

27.  Treason  against  the  State  de- 

fined. 

28.  No  hereditary  emoluments  or 

privileges  shall  be  granted. 

29.  The  provisions  of  this  Constitu- 

tion are  mandatory  unless  de- 
clared to  be  otherwise. 

30.  The  enumeration  of  rights  in 

this  Constitution  not  to  deny 
others  retained  by  the  people. 

31.  No  standing  army. — Quartering 

of  soldiers. 

32.  A frequent  recurrence  of  funda- 

mental principles  is  essential 
to  the  security  of  individual 
rights  and  the  perpetuity  of  a 
free  government. 


14 


ccx 


INDEX. 


ARTICLE  II. 

Leginlatixe  Devartment. 

Section 

1.  Vested  in  the  Senate  and  House 

of  Representatives. 

2.  The  House  shall  consist  of  not 

less  than  sixty-three  nor  more 
than  ninety-nine  members. — 

' The  number  of  Senators  not 
more  than  one-half  nor  less 
than  one-third  of  the  members 
of  the  House. 

3.  A census  to  be  taken  in  1895  and 

every  ton  years  thereafter. 

4.  Election  of  the  members  of  the 

House. — Term  of  office. 

5.  The  next  election  of  members 

after  the  adoption  of  this  Con- 
stitution shall  be  on  the  first 
Tuesday  after  the  first  Mon- 
day in  November,  1890. 

6.  After  the  first  election  Senators 

shall  be  elected  in  the  same 
manner  as  members  of  the 
House  are  required  to  be 
elected. 

7.  To  be  eligible  to  the  Legislature. 

8.  Each  House  shall  be  judge  of 

the  election  and  qualification 
of  its  own  members. 

9.  Each  House  may  punish  for  con- 

tempt and  disorderly  behavior. 

10.  Each  House  shall  elect  its  own  I 

officers;  when  Lieutenant-Gov- 
ernor is  acting  as  Governor 
the  Senate  shall  choose  a tem- 
porary president. 

11.  Each  House  shall  keep  its  own 

journal. 

12.  When  the  first  Legislature  shall 

meet. 

13.  Members  of  the  Legislature  may 

not  hold  a civil  office,  etc. 

14.  Those  who  are  not  eligible  as 

members  of  the  Legislature. 

15.  The  Governor  shall  issue  writs 

of  elections  to  fill  such  vacan- 
cies as  may  occur. 

16.  When  members  of  the  Legisla- 

ture may  be  privileged  from 
arrest. 

17.  Absolute  freedom  of  speech 

and  debate. 


Section 

18.  The  style  of  the  laws. — No  laws 

shall  be  enacted  except  by  bill. 

19.  No  bill  shall  embrace  more  than 

one  subject. 

20.  A bill  may  originate  in  either 

House. 

21.  Yeas  and  nays  shall  be  entered 

on  the  journal,  etc. 

22.  Requirements  for  a bill  to  be- 

come a law. 

23.  Pay  of  legislators. 

24.  The  Legislature  shall  not  au- 

thorize any  lobby  or  gtrant 
any  divorce. 

25.  No  extra  compensation  to  be 

granted  to  any  public  officer, 
agent,  etc. 

26.  The  Legislature  shall  direct  by 

law  in  what  manner  and  in 
what  courts  suits  may  be 
brought  against  the  State. 

27.  All  elections  by  the  Legislature 

shall  be  viva  voce. 

28.  The  Legislature  is  prohibited 

from  enacting  any  private  or 
special  laws  except  in  the  fol- 
lowing cases. 

29.  Contract  convict  labor  shall  be 

abolished. 

30.  Corrupt  solicitation  of  the  mem- 

bers of  the  Legislature  shall  be 
punished  by  fine  and  impris- 
onm'ent. — A mejmber  who  has  a 
private  interest  in  any  bill 
shall  not  vote  thereon. 

31.  No  law,  except  appropriation 

bills,  to  take  effect  until  nine- 
ty days  after  the  adjournment 
of  the  session  at  which  it  was 
enacted. 

32.  Every  bill  to  become  a law  must 

be  signed  by  the  presiding  of- 
ficer of  each  of  the  two  Houses 
in  open  session. 

33.  The  ownership  of  lands  by  aliens 

who  have  not  declared  their 
Intention  to  become  citizens  of 
the  United  States  is  prohibited, 
except  when  acquired  by  in- 
heritarce. 


INDEX. 


Section 

34.  There  shall  be  established  a bu- 

reau of  statistics,  agriculture 
and  immigration. 

35.  Laws  to  be  passed  for  the  pro- 

tection of  persons  working  in 
mines,  factories,  etc. 

36.  Every  bill  must  be  introduced 

at  least  ten  days  before  the 
final  adjournment,  unless. 

37.  No  bill  shall  ever  be  revised 

or  amended  by  mere  reference 
to  its  title. 

38.  No  amendment  to  any  bill  shall 

be  allowed  which  shall  change 
the  scope  and  object  of  the 
bill. 

39.  Officers  of  the  State  may  not 

accept  a pass  from  any  rail- 
road or  other  corporation. 

ARTICLE  III. 

Executive. 

1.  The  executive  department  shall 

consist  of  Governor,  Lieuten- 
ant-Governor, Secretary  of 
State,  etc. 

2.  The  supreme  executive  power 

of  the  State  is  vested  in  the 
Governor. — Term  of  office  four 
years. 

3.  Term  of  office  of  other  State 

officers. 

4.  What  is  to  be  done  with  the  re- 

turns for  the  election  of  the 
officers  named  above. 

6.  The  Governor  may  require  i 
information  in  writing  from 
the  officers  of  the  State. 

6.  He  shall  communicate  by  mes-  i 

sage. 

7.  He  may,  on  extraordinary  occa- 

sions, convene  the  Legislature 
by  proclamation. 

8.  He  is  commander-ln-chlef  of  the 

military  of  the  State. 

9.  The  pardoning  power  shall  be 

vested  In  the  Governor,  with 
restrictions. 

10.  When  the  Lieutenant-Governor 

Is  to  act  as  Governor. 

11.  The  Governor  Is  to  report  to  the 

Legislature  at  its  next  meet- 


ccxi 

M 

Section 

ing  each  case  of  reprieve, 
commutation  or  pardon  grant- 
ed. 

12.  Every  act  to  be  signed  by  the 

Governor  before  it  becomes  a 
law. 

13.  Certain  vacancies  to  be  filled  by 

the  Governor  by  appointment. 

14.  His  salary. 

15.  All  commissions,  how  issued  and 

signed. 

16.  Lieutenant-Governor  presiding 

officer  of  the  Senate. — His  sal- 
ary. 

17.  Secretary  of  State. — His  duties. 

18.  Seal  of  State,  to  be  kept  by 

Secretary. 

19.  Treasurer. — His  duties  and  sal- 

ary. 

20.  The  Auiitor. — His  powers,  duties 

and  salary. 

21.  The  Attorney-General. — His  du- 

ties and  salary. 

22.  Superintendent  of  Public  In- 

struction.— His  duties. 

23.  The  Commissioner  of  Public 

Lands. — His  duties  and  com- 
pensation. 

24.  The  public  records  of  each  office 

to  be  kept  at  the  seat  of  gov- 
ernment. 

25.  To  be  eligible  to  hold  office 

under  the  State. 

ARTICLE  IV. 

Judiciary. 

1.  Judicial  powers,  how  vested. 

2.  Supreme  Court  shall  consist  of 

five  judges. 

3.  Election  of  same. — They  shall 

be  classified  by  lot. — Who 
Chief  Justice. — In  case  of  va- 
cancy. 

4.  Supreme  Court.— Its  jurisdiction 

and  powers. 

6.  Superior  Court.— Election  of 
Judges. — Enumeration  of  said 
Judges. 

6.  Its  jurisdiction. 

7.  A Superior  Court  Judge  may 

hold  court  in  any  county.— 
Judge  pro  tempore. 


CCXll 


INDEX. 


Section  1 

8.  Forfeiture  of  office. 

9.  The  removal  of  officers. 

10.  Justices  of  the  peace. — Number, 

duties  and  jurisdiction. 

U.  Which  are  to  be  courts  of 
record. 

12.  Jurisdiction  of  inferior  courts  i 

to  be  prescribed  by  law. 

13.  Who  may  receive  fees,  etc.  ' 

14.  Salaries  of  judges  of  Supreme  I 

and  Superior  Courts. 

15.  They  may  not  hold  any  o^ce 

other  than  judicial. 

16.  How  judges  shall  charge  juries. 

17.  To  be  eligible  for  office  of  judge 

of  the  Supreme  and  Superior 
Courts. 

18.  A court  reporter,  his  salary. 

19.  No  judge  of  a court  of  record 

shall  practice  law. 

20.  Cases  to  be  decided  by  judge  of 

Superior  Court  within  ninety 
days. — Provided. 

21.  Opinions  of  Supreme  Court  to 

be  published. 

22.  Clerk  of  the  same. — His  term 

and  salary. 

23.  Court  commissioners. — Their  au- 

thority and  duties. 

24.  Uniform  rules  to  be  established 

for  government  of  Superior 
Courts. 

26.  Defects  and  omissions  in  the 
laws  to  be  reported. 

26.  County  clerk  to  be  clerk  of  Su-  I 

perlor  Court. 

27.  The  style  of  process. 

28.  Judges  to  take  an  oath  to  sup- 

port the  constitutions  of  United 
States  and  this  State. 

ARTICLE  V. 

Imjieachment. 

1.  The  House  of  Representatives 

shall  have  sole  power  of  im- 
peachment.— A majority  re- 
quired. 

2.  Which  officers  are  liable  to 

impeachment.  — The  party, 
whether  convicted  or  acquit- 
ted, shall  be  liable  to  prose- 
cution. 

3.  Other  officers,  not  liable  to  im- 

peachment, shall  be  removed. 


ARTICLE  VI. 

Elections  and  Elective  Rights. 

Section 

1.  The  qualifications  required  to 

vote. 

2.  Women  may  vote  at  school  elec- 

tions. 

3.  Enumeration  of  those  who  may 

not  vote. 

4.  No  person  shall  be  deemed  to 

have  lost  or  gained  a resi- 
dence by  reason  of  his  ab- 
sence while  in  the  civil  or  mil- 
itary service  of  this  State  or 
the  United  States. 

5.  Voters  to  be  privileged  from  ar- 

rest during  their  attendance 
at  elections,  nor  shall  they  be 
required  to  do  military  duty 
on  that  day. 

6.  All  elections  shall  be  by  ballot. 

7.  The  Legislature  shall  enact  a 

registration  law. 

8.  When  the  first  election  of  county 

and  district  officers  is  to  take 
place,  when  not  otherwise  pro- 
vided for. 

ARTICLE  VII. 

Revenue  and  Taxation. 

1.  The  Legislature  shall  provide 

by  law  an  annual  tax,  suffi- 
cient foir  the  estimated  ex- 
penses of  the  State. 

2.  Uniform  and  equal  rate  of  as- 

sessment shall  be  provided  for. 

3.  The  Legislature  shall  provide  by 

general  law  for  the  levying  of 
taxes  on  all  corporation  prop: 
erty. 

4.  The  power  to  tax  corporations 

shall  not  be  surrendered. 

5.  No  tax  shall  be  levied  except  in 

pursuance  to  law. 

6.  All  taxes  for  State  purposes 

shall  be  paid  in  money  only. 

7.  A statement  of  receipts  and  ex- 

penditures of  public  money 
shall  be  published  annually. 

8.  Whenever  the  expenses  for  any 

fiscal  year  shall  exceed  the 
income,  how  provided  for. 


INDEX. 


ccxiii 


Section 

9.  Cities,  towns  and  villages  may 
be  Invested  with  the  power  to 
make  local  improvements  by 
special  taxation. 

ARTICLE  VIII. 

State,  County  and  Municipal  Indebted- 
ness^. 

1.  The  State  may  contract  debts 

to  meet  casual  deficits  not  to 
exceed  $400,000. 

2.  In  addition  to  the  above,  debts 

may  be  contracted  to  repel  in- 
vasion, suppress  insurrection, 
etc. 

3.  ■'•"o  other  debts  shall  be  con- 

tracted except  as  are  author- 
ized by  law. 

4.  No  money  shall  ever  be  paid  out 

of  the  treasury  of  this  State 
except  by  appropriation. 

5.  The  credit  of  the  State  shall  not 

be  given  or  loaned. 

6.  No  sub-division  of  the  State 

shall  become  indebted  to  an 
amount  exceeding  one  and  one- 
half  per  cent  of  the  taxable 
property. 

7.  No  sub-division  of  the  State 

shall  give  money  or  loan  its 
credit  in  aid  of  any  individual 
or  corporation. 

ARTICLE  IX. 

Education. 

1.  Education  for  all  children  shall 

be  provided  without  distinction 
oil  accouiit^of "race,  color  or  sex. 

2.  A uniform  system  of  public 

schools. — Enumeration  of  the 
different  grades. 

3.  A principle  of  common  school 

fund  shall  remain  inviolate. 

4.  All  schools  supported  by  public 

fund  shall  be  free  from  secta- 
rian control. 

5.  In  regard  to  losses  to  the  perma- 

nent school  fund. 

ARTICLE  X. 

Mdiiia. 


\ Section  ''"I 

2.  The  Legislature  shall  provide  by 
I law  for  organizing  and  equip- 

j ping  the  militia. 

I 3.  A soldiers’  home  to  be  provided. 

4.  Provision  shall  be  made  for  the 
I safe  keeping  of  public  arms. 

I 5.  The  militia  shall  be  privileged 
from  arrest,  except. 

6.  Persons  having  conscientious 
scruples  against  bearing  arms 
j shall  not  be  compelled  to 

do  so. 

ARTICLE  XI. 

City,  County  and  Township  Organiza- 
tion. 

1.  The  Territorial  subdivisions  are 

1 hereby  recognized  as  legal  sub- 

: divisions  of  this  State. 

2.  What  is  required  to  move  a 

county  seat. 

3.  To  establish  new  counties. 

j 4.  County  government  shall  be  uni- 
form throughout  the  State. 

I 6.  General  and  uniform  laws  shall 
I provide  for  the  election  of 

I county  and  other  officers.— It 

j shall  prescribe  their  duties 

and  fix  their  term  of  office,  etc. 

6.  The  Board  of  County  Commis- 

sioners shall  fill  all  vacancies 
by  appointment. 

7.  No  county  officer  shall  be  eligi- 

ble to  hold  his  ofl[ice  more  than 
two  terms. 

i 8.  The  salaries  of  all  county  of- 
ficers, etc.,  shall  be  fixed  by 
law. 

9.  No  county,  or  the  inhabitants 
thereof,  shall  be  released  from 
I its  or  their  proportionate  share 

of  taxes. 

10.  Corporations  for  municipal  pur- 
poses shall  not  be  created  by 
j special  law. 

j 11.  Any  county,  city,  town  or  town- 
ship may  make  within  its  lim- 
its all  such  local  police,  sani- 
tary and  other  regulations  as 
are  not  in  conflict  with  general 
laws. 


1.  Those  who  are  liable  to  military 
duty.  * . , : 


12.  The  Legislature  shall  have  no 
power  to  impose  taxes  upon 


CCXIV 


INDEX. 


Section 

any  of  the  subdivisions  of  the 

State,  but  may,  by  general 
laws,  vest  in  corporate  au- 
thorities thereof  the  power  to 
assess  and  collect  taxes  for 
such  puriwses. 

13.  Private  property  shall  not  be 

taken  or  sold  for  the  payment 
of  any  corporate  debt,  except. 

14.  The  making  of  profit  out  of  pub- 

lic money  shall  be  a felony. 

16.  All  moneys  and  taxes  belonging 
to  any  sub-division  of  the  State 
shall  be  immediately  deposited 
with  the  treasurer. 

ARTICLE  XII. 

Corporations  oihei  than  Municipal. 

1.  Corporations  may  be  formed 

under  general  laws. — All  laws 
relating  to  corporations  may 
be  altered,  amended  or  re- 
pealed. 

2.  All  existing  charters,  etc.,  under 

which  an  actual  organization 
shall  not  have  taken  place  at 
the  time  of  the  adoption  of 
this  Constitution,  shall  not  be 
valid. 

3.  The  Legislature  shall  not  extend 

any  franchise  or  charter,  nor 
remit  the  forfeiture  of  the 
same,  of  any  corporation  now 
existing. 

4.  Stockholders  and  all  other  incor- 

porated companies,  except 
banking  or  insurance,  shall  be 
liable  for  the  debts  of  the  cor- 
poration to  the  amount  of  his 
unpaid  stock  annually. 

6.  The  term  corporation  defined. 

6.  Regulations  in  regard  to  the  is- 

sue of  stock  by  corporations. 

7.  Foreign  corporations  shall  not 

be  allowed  to  do  business  in 
this  State  on  more  favorable 
conditions  than  domestic  cor- 
porations have. 

8.  No  corporation  shall  lease  or 

alienate  any  franchise,  etc. 

9.  The  State  must  not  loan  its 

credit. 


Section 

10.  The  right  of  eminent  domain. 

11.  Only  lawful  money  of  the.United 

States  to  be  circulated. — The 
liabilities  of  stockholders  in 
any  banking  and  insurance 
corporations. 

12.  In  regard  to  an  officer  of  any 

banking  institution  receiving 
deposits  after  the  knowledge 
of  the  bank  being  insolvent. 

13.  All  railroads,  canal  and  other 

transportation  companies  are 
common  carriers  and  subject 
to  legislative  control. 

14.  No  railroad  company,  or  other 

common  carrier,  shall  combine 
with  owners  of  vessels,  etc. 

15.  No  discrimination  in  charges  for 

passengers  or  freight  permit- 
ted. 

16.  Competing  lines  may  not  consol- 

idate. 

17.  The  rolling  stock  and  other  mov- 

able property  shall  be  consid- 
ered personal  property. 

18.  The  Legislature  shall  establish 

transportation  charges  for  pas- 
sengers and  freight. 

19.  Telephone  and  telegraph  lines 

may  be  constructed  and 
maintained. — Railroad  corpor- 
ations shall  allow  such  com- 
panies right  of  way  along  their 
roads. 

20.  No  railroad  or  other  transporta- 

tion company  shall  grant  free 
passes,  etc. 

21.  Monopolies  ,andl  trusts  shall 

never  be  allowed  in  this  State. 

ARTICLE  XIII. 

State  Institutions. 

1.  The  State  shall  foster  and  sup- 
port reformatory  and  other  in- 
stitutions. 

ARTICLE  XIV. 

Seat  of  a overnment. 

1.  Location  of  the  seat  of  govern- 

ment shall  be  determined  by  a 
majority  of  the  voters. 

2.  The  seat  of  government  may  be 

changed  by  two-thirds  vote  of 
all  the  electors  of  the  State. 


INDEX. 


ccxv 


Section 

3.  The  Leg-islature  shall  make  no 
• appropriations  for  capitol 
building-s  or  grounds  until  the 
seat  of  government  shall  have 
been  permanently  located. 

ARJTICLE  XV. 

Harbors  and  Tidewaters. 

1.  Harbor  lines  should  be  located 

and  established. — ^Regulations 
in  regard  to  harbors,  etc. 

2.  General  laws  shall  be  made  for 

the  right  to  build  and  main- 
tain wharves,  etc.,  upon  the 
areas  in  section  one  of  this 
article. 

3.  The  right  to  extend  streets  over 

intervening  tide  lands. 

ARTICLE  XVI. 

School  and  Granted  Lands. 

1.  All  public  lands  granted  by  the 

State  are  held  in  trust  for  the 
people. — Regulations  in  re- 
gard to  the  sale  of  the  same. 

2.  School  lands  to  be  sold  at  public 

auction  to  the  highest  bidder. 

— Terms  of  payment. 

3.  No  more  than  one-fourth  of  the 

land  granted  for  educational 
purposes  shall  be  sold  prior  to 
January  1,  1895,  etc. 

4.  No  more  than  one  hundred  and  | 

sixty  acres  of  granted  lands  i 
shall  be  offered  for  sale  in  one  I 
parcel. 

5.  None  of  the  permanent  school  ! 

fund  shall  ever  be  loaned  to 
private  persons  or  corpora-  ! 
tions.  i 

ARTICLE  XVII. 

Tide  Lands. 

1.  The  State  asserts  its  ownership 

to  the  beds  and  shores  of  all 
navigable  waters  up  to  and 
including  a line  of  ordinary 
high  tide. 

2.  The  State  disclaims  all  title  in 

and  claim  to  all  tide,  swamp 
and  overflowed  lands  patented 
by  the  United  States. 


ARTICLE  XVIII. 

State  Seal. 

Section 

1.  Description  of  the  same. 

ARTICLE  XIX. 
E.vemptions. 

1.  The  homesteads  and  other  prop- 
erty of  heads  of  families  pro- 
tected from  force  sales. 

ARTICLE  XX. 

Public  Health  and  Vital  Statistics. Lj'i 

1.  There  shall  be  established  by 

law  a State  board  of  health 
and  bureau  of  vital  statistics. 

2.  Laws  shall  be  enacted  to  regu- 

late the  practice  of  medicine 
and  surgery  and  the  sale  of 
drugs  and  medicines. 

ARTICLE  XXI. 

Water  and  Water  liights. 

1.  The  use  of  the  waters  of  this 
State  for  irrigation,  mining 
and  manufactory  purposes 
shall  be  deemed  a public  use. 

ARTICLE  XXII. 

Legislative  Apportionmen t. 

1.  The  State  shall  be  divided  into 

twenty-four  Senatorial  dis- 
tricts, as  follows. 

2.  Until  otherwise  provided  by 

law,  the  Representatives  shall 
be  divided  among  the  several 
counties  of  the  State,  as  fol- 
lows: 

ARTICLE  XXIII. 
Amtudments. 

1.  Amendments  may  be  presented 

in  either  House. 

2.  A convention  may  be  proposed 

to  revise  and  amend  this  Con- 
stitution. 

3.  To  have  validity,  the  Constitu- 

tion must  be  submitted  to  and 
adopted  by  the  people. 

ARTICLE  XXIV. 
Boundaries. 

1.  The  boundaries  of  the  State. 


CCXVl 


INDEX. 


ARTICLE  XXV. 

Jurisdiction . 

Section 

1.  The  United  States  Congress  to 
have  exclusive  legislation  in 
certain  cases. 

ARTICLE  XXVI. 

Compact  With  United  States. 

1.  The  following  ordinances  shall 
be  irrevocable  without  the  con- 
sent of  the  United  States  and 
the  people  of  this  State. 

ARTICLE  XXVII. 

Schedule. 

1.  No  existing  rights,  etc.,  shall  be 
effected  by  a change  in  the 
form  of  government. — All  Ter- 
ritorial laws  shall  remain  in 
force  until  they  expire. 

3.  All  debts,  fines,  etc.,  which  have 

accrued  to  the  Territory  shall 
accrue  to  the  State. 

4.  All  recognizances  heretofore 

taken  before  the  change  from 
a Territorial  to  a State  gov- 
ernment shall  remain  valid, 
etc. 

6.  All  criminal  prosecutions  shall 
continue. 

6.  All  officers  now  holding  office 

shall  continue. 

7.  The  time  of  election  for  all  of- 

ficers provided  for  in  this  Con- 
stitution. 

8.  All  things  appertaining  or  pend- 

ing in  the  District  Court  of  the 
Territory  shall  pass  into  the 
jurisdiction  of  the  Superior 
Court. 

9.  The  seal  of  the  Supreme  Court 

of  the  Territory  shall  be  the 
seal  of  the  Supreme  Court  of 
the  State,  etc. 


Section 

10.  The  books,  records,  papers  and 

proceedings  of  the  Probate 
Court  in  each  county  and  all 
cases  pending  therein  shall  pass 
into  the  jurisdiction  of  the  Su- 
i perior  Court  of  the  same 

county  created  by  this  Con- 
stitution. 

11.  The  Legislature  shall  at  its  first 

session  provide  for  the  election 
of  its  officers  whose  election  is 
not  otherwise  provided  for. 
j 12.  In  case  of  contested  election, 

! how  settled, 

i 13.  One  Representative  in  the  Con- 
i gress  of  the  United  States 

j shall  be  elected  from  the  State 

j at  large. 

! 14.  All  district,  county  and  precinct 
! officers  who  may  be  in  office 

j at  the  time  of  the  adoption  of 

this  Constitution,  etc.,  shall 
hold  their  offices  until  such 
I time  as  their  successors  may 

! be  elected  and  qualified. 

15.  The  manner  in  which  the  elec- 

tion shall  be  held  at  the  time 
of  the  adoption  of  this  Con- 
stitution. 

16.  The  provisions  of  this  Consti- 

tution shall  be  enforced  from 
the  day  on  which  the  Terri- 
__  tory  is  admitted  as  a State. 

17.  Two  separate  articles  to  be  sub- 

mitted to  the  people  for  adop- 
tion or  rejection. 

18.  The  formal  ballot  to  be  used  in 

voting  for  or  against  this  Con- 
stitution and  for  or  against 
the  separate  articles  or  the 
i permanent  location  of  the  seat 

I of  government. 

! 19.  The  Legislature  is  hereby  au- 
thorized to  defray  the  expenses 
of  this  convention. 


INDEX. 


ccxvii 


WEST  YIRGINIA. 


Article 

1.  Relation  to  the  government  of 

the  United  States. 

2.  The  State. 

3.  Bill  of  rights. 

4.  Election  of  officers. 

5.  Division  of  powers. 

6.  Legislature. 

7.  Executive  department. 

8.  Judiciary  department. 

9.  County  organization. 

10.  Taxation  and  finance. 

11.  Corporations. 

12.  Education. 

13.  Land  titles. 

14.  Amendments. — How  may  be 

made. 

ARTICLE  I. 

Relations  to  the  Oovernment  of  the 
United  States. 

Section 

1.  The  State  of  West  Virginia  in- 

separable from  the  Union. 

2.  The  State  has  exclusive  right 

of  internal  government. 

3.  The  provisions  of  the  Constitu- 

tion of  the  United  States  and 
this  State  are  operative  alike 
in  war  as  well  as  peace. 

4.  The  State  shall  be  divided  into 

Congressional  districts. 

ARTICLE  II. 

She  Si  die. 

1.  Enumeration  of  counties. 

2.  Powers  of  government  in  the 

citizens. 

3.  Requirements  for  citizenship. 

4.  Every  citizen  entitled  to  equal 

representation  in  the  govern- 
ment. 

5.  No  distinction  between  resident 

aliens  and  citizens. 

6.  Treason  against  the  State  de- 

fined. 

7.  The  seal  of  State. 


Section 

8.  Rich  grants  and  commissions, 
shall  run  in  the  name  of  the 
State. 

ARTICLE  III. 

Bill  of  Right X. 

1.  All  men  are  by  nature  equally 

free  and  have  certain  inherent 
rights. 

2.  All  power  vested  in  the  people. 

3.  The  government  is  instituted 

for  the  common  benefit  of  the 
people. 

4.  Writ  of  habeas  corpus  shall  not 

be  suspended. — No  ex  post 
facto  law. 

5.  Excessive  bail  nor  excessive 

fines  nor  cruel  punishment 
shall  be  permitted,  nor  be  put 
twice  in  jeopardy  of  life. 

6.  Security  against  unreasonable 

searches  and  seizures. 

7.  Freedom  of  speech  and  of  the 

press. 

8.  In  suits  for  libel  the  truth  may 

be  given  in  evidence. 

9.  Private  property  taken  for  pub- 

lic use  shall  have  just  com- 
pensation. 

10.  No  person  shall  be  deprived  of 

life,  liberty  or  property  with- 
out due  process  of  law. 

11.  No  religious  Oir  political  test 

shall  be  required  for  voting. 

12.  No  standing  armies. — Military 

subordinate  to  civil  power. — 
Quartering  of  soldiers  In 
houses. 

13.  Right  of  trial  by  jury. 

14.  In  criminal  trials  the  accused 

shall  be  informed  of  the  char- 
acter of  his  accusation. 

15.  Freedom  of  religious  thought 

and  worship. 

16.  The  people  have  the  right  to 

assemble  in  a peaceable  man- 


CCXVlll 


INDEX. 


Section 

ner  to  consult  for  the  common 
good. 

17.  The  courts  of  the  State  shall  be 

open  and  justice  shall  be  ad- 
ministered without  sale  or 
delay. 

18.  No  conviction  shall  work  cor- 

ruption of  blood  or  forfeiture 
of  estate. 

19.  No  hereditary  honors  or  privi- 

leges shall  be  conferred. 

20.  Free  government  and  liberty. 

ARTICLE  IV. 

Elections  and  Officerfi 

1.  Those  who  are  entitled  to  vote. 

2.  Elections  by  the  people  to  be  by 

ballot. 

8.  When  electors  are  privileged 
from  arrest. 

4.  Requirements  for  State  and 

county  officers. 

5.  Officers  to  take  oath  of  affirma- 

tion. 

6.  Removal  of  officers  for  miscon- 

duct, etc. 

7.  When  general  elections  shall  be 

held. 

8.  The  terms  of  office,  powers,  du- 

ties and  compensation  of  pub- 
lic offices  prescribed  by  law. 

9.  Impeachment. 

10.  Duelling  a bar  to  holding  office. 

11.  Legislatur  e shall  prescribe  man- 

ner of  conducting  elections. 

12.  No  citizen  to  be  denied  the 

right  to  vote  when  his  name 
has  not  been  registered. 

ARTICLE  V. 

Division  of  Enreis. 

1.  Legislative,  executive  and  ju- 
dicial departments  shall  be 
separate  and  distinct. 

ARTICLE  VI. 

Legidntn  re. 

1.  Legislative  power  vested  in  Sen- 

ate and  House  of  Delegates. 

2.  The  Senate  shall  be  composed 

of  twenty-four,  and  the  House 
of  sixty-five  members. 


Section 

3.  Senators  elected  for  four  years, 

Delegates  two  years. 

4.  State  divided  into  twelve  Sena- 

torial districts. 

5.  Enumeration  of  the  same. 

6.  For  the  election  of  Delegates. 

7.  Apportionment  of  Delegates 

after  every  census. 

8.  Until  a new  apportionment  shall 

be  declared  they  shall  be  as 
enumerated. 

9.  The  same  continued. 

10.  The  arrangement  of  Senatorial 

and  Delegate  districts. 

11.  Additional  territory  may  be  ad- 

mitted and  become  part  of  the 
State. 

12.  Qualifications  to  be  a Senator 

or  Delegate. 

13.  No  person  holding  a lucrative 

office  under  the  State,  etc., 
shall  be  eligible  to  a seat  in 
the  Legislature. 

14.  Bribery,  perjury,  etc.,  a bar  to 

a seat  in  the  Legislature. 

15.  No  Senator  or  Delegate  shall  be 

elected  to  an  office  created 
during  his  term  of  office. 

16.  Oath  of  affirmation  of  members. 

17.  When  members  of  the  Legisla- 

ture are  privileged  from  ar- 
rest. 

18.  Legislature  shall  assemble  bi- 

ennially. 

19.  The  Governor  may  convene  the 

Legislature. 

20.  The  seat  of  goveirnment  shall  be 

at  Charleston. 

21.  May  be  convened  at  another 

place. 

22.  Session  of  the  Legislature  to  be 

forty-five  days. 

23.  Neither  house  shall  adjourn  for 

more  than  three  days. 

24.  Majority  of  the  members  of 

each  house  shall  constitute  a 
quorum. 

25.  Each  house  may  punish  its  own 

members. 

26.  The  powers  of  each  house. 

27.  Certain  laws  to  be  enacted  and 

enforced. 


INDEX. 


CCXIX 


Section 

28.  Bills  may  originate  in  either 

house. 

29.  No  bill  shall  becozi.e  a law  until 

read  on  three  different  days 
in  each  house,  except. 

30.  No  bill  shall  contain  more  than 

one  subject. 

81.  In  regard  to  amendments  of  a 
bill  proposed  by  one  house 
and  amended  by  the  other. 

32.  Definition  of  the  words  a ma- 

jority of  the  members,  etc. 

33.  Pay  and  mileage  of  members. 

34.  Legislature  to  provide  by  law 

for  fuel,  stationery,  etc. 

35.  The  State  shall  never  be  made 

defendant  in  any  court  of  law 
or  equity. 

36.  Lotteries  prohibited. 

37.  No  law  to  be  passed  to  extend 

the  term  of  an  office. 

38.  No  extra  compensation  allowed 

or  granted. 

39.  The  Legislature  shall  not  pass 

local  or  special  laws  in  the 
following  enumerated  cases. 

40.  Judges  to  have  no  power  to  ap- 

point to  office. 

41.  Each  house  to  keep  a journal. 

42.  Bills  making  appropriations 

shall  contain  no  other  pro- 
vision. 

43.  The  Legislature  shall  never  au- 

thorize or  establish  any  board 
or  court  of  registration  of 
voters. 

44.  Vote  to  be  viva  voce  in  the 

Legislature. 

45.  Punishment  of  bribery. 

46.  Laws  may  be  passed  prohibit- 

ing sale  of  intoxicating 
liquors. 

47.  No  charter  of  incorporation 

shall  be  granted  any  church 
or  religious  denomination. 

48.  Homestead  exemption  to  the 

value  of  one  thousand  dollars, 
and  personal  property  to  the 
value  of  two  hundred. 

49.  The  Legislature  may  pass  laws 

to  protect  the  property  of 
married  women. 

50.  Proportional  representation  In 

the  Senate. 


ARTICLE  VII. 

Executive  Department. 

Section 

1.  To  consist  of  Governor.  Secre- 

tary of  State,  State  Superin- 
tendent of  Free  Schools,  Au- 
ditor, Treasurer  and  Attorney- 
General. 

2.  Election  of  the  same. — When  to 

be  held. 

3.  Speaker  of  the  House  of  Dele- 

gates to  receive  election  re- 
turns. 

4.  The  above-named  officers  may 

not  hold  any  other  office  dur- 
ing the  term  of  their  service. 

5.  Chief  executive  power  vested 

in  the  Governor. 

6.  Governor’s  message. 

7.  The  Governor  may  on  extraor- 

dinary occasions  convene  the 
Legislature. 

8.  Officers  who  may  be  nominated 

by  the  Governor. 

9.  In  case  of  vacancy  during  the 

recess  of  the  Senate. — ^How 
filled. 

10.  Governor  may  remove  the 

same. 

11.  Governor  may  remit  fines  and 

penalties. 

12.  Governor  Commander-in-Chief 

of  the  military  forces  of  the 

State. 

13.  Security  from  State  officers. 

14.  Every  bill  passed  by  the  Legis- 

lature shall  be  presented  to 
the  Governor  to  be  signed. 

15.  Bills  making  appropriations  of 

money  to  be  presented  to  the 
, Governor. 

16.  WTho  to  act  as  Governor  in  case 

of  his  disability. 

17.  In  case  of  vacancy  of  State 

offices  how  filled. 

18.  The  Governor  may  require  in- 

formation in  writing  from  the 
officers  of  his  department. 

ARTICLE  VIII. 

Jn die ia I D epa  rtme n t. 

1.  Judicial  power  of  State  shall  be 
vested  in  a Supreme  Court  of 


ccxx 


INDEX 


Section 

Appeals  and  Circuit  Courts, 
etc. 

2.  The  Supreme  Court  of  Appeals 

to  consist  of  four  judges. — 
Their  term  of  office. 

3.  Shall  have  original  jurisdiction 

in  certain  cases  enumerated. 

4.  In  regard  to  decisions  of  the 

Supreme  Court  of  Appeals. 

B.  In  regard  to  the  affirmation  or 
reversal  of  a decision  by  the 
Supreme  Court  of  Appeals. 

6.  A writ  of  error,  supersedeas  or 

appeals,  shall  be  allowed  only 
by  the  Supreme  Court  of  Ap- 
peals. 

7.  In  case  of  vacancy  in  Supreme 

Court  of  Appeals  how  filled. 

8.  The  officers  of  the  Supreme 

Court  of  Appeals,  how  ap- 
pointed. j 

9.  At  least  two  terms  to  be  held  i 

annually.  j 

10.  The  State  shall  be  divided  into  j 

thirteen  sections. 

11.  A court  to  be  held  in  every  i 

county  at  least  three  times  in  | 
each  year.  j 

12.  The  Circuit  Court,  supervision 

and  control  of  the  same.  | 

13.  Enumeration  of  the  Circuits.  I 

14.  They  may  be  rearranged.  i 

15.  The  Legislature  shall  provide  I 

by  law  fotr  holding  regular 
and  Special  Terms  of  the 
Circuit  Court. 

16.  All  judges  shall  be  commis- 

sioned by  the  Governor. 

17.  They  may  be  removed. 

18.  Clerk  of  the  Circuit  Court. — His 

duties  and  compensation. 

19.  Courts  of  limited  jurisdiction. 

20.  In  regard  to  the  property  of 

soldiers  of  the  late  war  of 
either  side. 

£1.  The  laws  of  the  State  which  i 
are  in  force  and  not  repug- 
nant to  this  article  shall  con-  | 
tinue,  etc. 

22.  There  shall  be  in  each  county 

of  the  State  a County  Court. 

23.  Commissioners  of  the  same  to 


Section 

be  elected  for  a term  of  office, 
etc. 

24.  County  Court  to  have  custody 

of  all  deeds,  etc. 

25.  In  regard  to  actions,  suits,  etc., 

not  embraced  in  the  next  pre- 
ceding section. 

26.  Cleirk  of  the  County  Court. — 

His  term  of  office,  duties  and 
compensation. 

27.  Justices  of  the  peace. 

28.  Their  jurisdiction  and  au- 

thority. 

29.  The  County  Court  may  be  al- 

tered or  modified. 

30.  The  office  of  commissioner  and 

justice  of  the  peace  not  com- 
patible. 

ARTICLE  IX. 

Conniy  Organ izaiion. 

1.  The  voters  of  each  county  shall 

elect  a surveyor  of  lands. 

2.  Also  a constable,  and  if  the 

population  exceeds  1,200, 
others. 

3.  The  same  person  shall  not  be 

elected  sheriff  for  two  suc- 
cessive terms. 

4.  County  Court  officers  shall  be 

subject  to  indictment. 

5.  The  Legislature  shall  provide 

for  commissioning  such  of  the 
officers  herein  mentioned  as 
it  may  deem  proper. 

6.  It  shall  further  provide  for  the 

compensation,  duties,  etc.,  of 
the  same. 

7.  Conservators  of  the  peace. 

8.  No  new  county  to  be  formed 

with  an  area  of  less  than  400 
square  miles,  or  a population 
of  less  than  6,000. 

ARTICLE  X. 

Taxuiion  and  Finance. 

1.  Taxation  shall  be  equal  and 

uniform. 

2.  An  annual  capitation  tax  of  one 

dollar. 

3.  No  money  to  be  drawn  from  the 

Treasury  but  by  appropria- 
tion. 


INDEX, 


CCXXl 


Section 

4.  No  debt  to  be  contracted  by  the 
State,  etc. 

6.  The  power  of  taxation  by  the 
Legislature. 

6.  The  credit  of  the  State  not  to 

be  granted  to  any  of  its  sub- 
divisions. 

7.  County  taxes  not  to  exceed  fofr 

one  year  ninety-five  cents  on 
one  hundred  dollars. 

8.  The  limit  of  indebtedness  in  | 

county,  city,  etc.  | 

9.  Certain  corporate  bodies  may  j 

be  authorized  to  assess  and  i 
collect  taxes.  | 

I 

ARTICLE  XI.  j 

C'f^rpo ratio  ns.  \ 

1.  Legislature  to  provide  for  the 

organization  of. 

2.  What  stockholders  shall  be  lia-  i 

ble  for  the  indebtedness  of 
corporations. 

8.  All  existing  charters  or  grants 
under  which  organization  shall 
not  have  taken  place  within  i 
two  years  from  the  time  this  ! 
Constitution  takes  effect,  shall 
be  invalid. 

4.  Law  to  provide  for  the  election 

of  directors  or  managers  of  in- 
corporated companies. — Stock- 
holders shall  have  the  right 
to  vote  in  person  or  by  proxy. 

5.  Street  railroads  may  not  be  con-  j 

structed  in  any  city,  town  or  i 
incorporated  village  without  j 
the  consent  of  the  local  au-  [ 
thorities. 

6.  A general  banking  law  for  the 

creation  and  organization  of 
banks. 

7.  Every  railroad  corporation  do- 

ing business  in  the  State  shall 
make  a report  to  the  Auditor 
of  public  accounts. 

8.  The  rolling  stock  and  moveable 

property  of  railroads  shall  be 
considered  personal  property. 

9.  Railroads  are  public  highways. 

10.  In  regard  to  the  establishment 

of  stations. 


Section 

11.  Parallel  or  competing  lines  may 

not  consolidate. 

12.  The  right  of  eminent  domain 

not  to  be  abridged. 

ARTICLE  XII. 

Education . 

1.  The  Legislature  shall  provide 

by  general  law  for  a system 
of  free  schools. 

2.  The  State  Superintendent. — His 

duties. 

3.  The  Legislature  may  provide 

for  county  superintendents 
and  other  officers. — Their  du- 
ties and  powers  and  compen- 
sation. 

4.  School  fund. 

5.  Interest  of  the  school  fund  to 

be  used  for  the  support  of 
free  schools. 

6.  The  school  districts  into  which 

any  county  is  now  divided 
shall  continue  until  changed 
by  law. 

7.  In  regard  to  levies  for  the  sup- 

port of  free  schools. 

8.  White  and  colored  persons  shall 

not  be  taught  in  the  same 
schools. 

9.  No  person  connected  with  the 

free  school  system  of  the 
State  shall  be  interested  in 
the  sale  of  books,  etc.,  used 
therein. 

10.  No  independent  free  school  dis- 

trict shall  hereafter  be  cre- 
ated, except. 

11.  No  appropriations  shall  hereaf- 

ter be  made  to  any  State  Nor- 
mal school  except  those  al- 
ready established. 

12.  The  Legislature  shall  encour- 

age moral,  intellectual,  scien- 
tific and  agricultural  improve- 
ment. 

ARTICLE  XIII. 

Land  Titles. 

1.  All  private  rights  in  lands  in 
this  State  derived  from  the 


CCXXIl 


INDEX. 


Section 

laws  of  the  State  of  Virginia 
shall  remain  valid. 

2.  No  entry  by  warrant  on  land 

in  this  State  shall  hereafter 
be  made. 

3.  In  regard  to  title  of  forfeited 

lands. 

4.  Waste  and  unappropriated  land 

in  this  State  to  be  sold  to  the 
highest  bidder. 

5.  The  former  owner  of  any  such 

land  may  receive  the  excess 
of  the  sum,  over  the  taxes, 
charged  for  which  the  land 
was  sold. 


Section 

6.  Every  owner  of  land  to  have  it 
entered  on  the  land  books  of 
the  county  and  causing  him- 
self to  be  charged  with  taxes 
thereon. 

ARTICLE  XIV. 

Ainendmeiiis. 

1.  No  convention  shall  be  called 

having  the  authority  to  alter 
the  Constitution  of  this  State, 
unless. 

2.  Any  amendment  to  the  Consti- 

tution may  originate  at  either 
house. 


WISCONSIN. 


Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  men  are  equally  free  and 

have  certain  inherent  rights. 

2.  There  shall  be  neither  slavery 

nor  involuntary  imprisonment, 
except  for  the  punishment  of 
crime. 

3.  Freedom  of  speech  and  liberty 

of  the  press. 

4.  The  people  have  the  right  to  as- 

semble peaceably  for  the  com- 
mon good. 

6.  Right  of  trial  by  Jury. 

6.  Excessive  bail  shall  not  be  re- 

quired, nor  shall  excessive 
fines  be  Imposed. 

7.  The  rights  of  the  accused  In  all 

criminal  prosecutions. 

8.  Indictment  by  grrand  Jury. 

f.  Justice,  without  sale,  denial,  or 
delay. 

10.  Treason  against  the  State  de- 

fined. 

11.  Rights  of  the  people  against  un- 

reasonable seizures  or  searches. 

12.  No  bill  of  attainder,  ex  post 

facto  law,  nor  any  law  Im- 


Section 

pairing  the  obligations  of 
contracts  shall  ever  be  passed. 

13.  Private  property  shall  not  be 

taken  for  public  use  without 
Just  compensation. 

14.  All  lands  within  the  State  are 

declared  to  be  allodial,  and 
feudal  tenures  are  prohibited. 

15.  No  distinction  shall  ever  be 

made  by  law  between  resident 
aliens  and  citizens  in  reference 
to  property. 

16.  No  Imprisonment  for  debt. 

17.  The  privilege  of  a debtor. 

18.  Freedom  of  religious  thought 

and  worship. 

19.  No  religious  tests  shall  ever  be 

required  as  a qualification  for 
any  office. 

20.  The  military  shall  be  subordi- 

nate to  the  civil  power. 

21.  Writs  of  error  never  permitted. 

22.  The  blessings  of  free  govern- 

ment. 

ARTICLE  II. 

Boundaries. 

1.  State  boundaries. 

2.  Act  of  Congress  ratified. — ^United 

States  property  not  to  be 
taxed. 


IrsDEX.  ccxxiii 


ARTICLE  III. 

Suffrage. 

Section 

1.  Qualifications  for  being  a voter. 

2.  Those  who  may  not  vote. 

3.  All  votes  to  be  given  by  ballot, 

except  for  township  officers. 

4.  No  person  to  lose  residence  be- 

cause absent  on  business  of 
the  United  States. 

5.  No  soldier  of  the  United  States 

shall  be  deemed  a resident  of 
this  State  because  stationed 
within  the  same. 

6.  Bribery,  etc.,  to  debar  from 

voting. 

ARTICLE  IV. 

Legislative 

1.  Legislative  power  is  vested  In 

the  Senate  and  Assembly. 

2.  Assembly  to  consist  of  not  less 

than  fifty-four,  nor  more  than 
one  hundred  members. — The 
Senate  shall  consist  of  not 
less  than  one-fourth,  nor  more 
than  one-third  the  number  of 
the  Assembly. 

3.  Enumeration  of  the  inhabitants 

of.  the  State  to  be  made  every 
ten  years. 

4.  How  Members  of  Assembly  are 

to  be  chosen. 

5.  How  Senators  are  to  be  chosen. 

6.  To  be  eligible  to  the  Legislature. 

7.  Each  house  to  be  the  judge  of 

the  qualifications  of  its  own 
members. — A majority  of  each 
shall  constitute  a quorum. 

8.  In  each  house  a two-thirds  vote 

required  to  expel  a member. 

9.  Each  house  shall  choose  its  own 

officers. 

10.  Each  house  to  keep  a journal. 

11.  The  Legislature  to  meet  once  a 

year  at  the  seat  of  govern- 
ment, 

12.  No  Legislator  to  hold  any  civil 

office,  etc.,  created  during 
term  for  which  he  was  elected. 

13.  Who  are  not  eligible  to  a seat 

in  the  Legislature. 

14.  Governor  to  issue  writs  of  elec- 

tion to  fill  vacancies. 


Section 

15.  Members  of  Legislature  privi- 

leged from  arrest,  except 
when. 

16.  Members  to  have  freedom  of 

speech  in  debate. 

17.  No  law  shall  be  enacted  except 

by  bill. 

18.  No  private  or  local  bill  shall 

embrace  more  than  one  sub- 
ject. 

19.  A bill  may  originate  in  either 

house.  — Either  house  may 
amend  a bill  of  the  other. 

20.  In  regard  to  the  yeas  and  nays. 

21.  Pay  of  members. 

22.  In  regard  to  the  board  of  super- 

visors. 

23.  Town  and  county  government 

to  be  uniform. 

24.  The  Legislature  shall  never 

authorize  any  lottery  nor 

grant  a divorce. 

25.  In  regard  to  stationery  and 

printing. 

26.  In  regard  to  increasing  or  di- 

minishing the  pay  of  public 
officers. 

: 27.  How  suit  may  be  brought 

; against  the  State, 

i 28.  The  oath  of  office  required. 

29.  Who  shall  constitute  the  militia 

of  the  State. 

30.  In  all  elections  to  be  made  by 

the  Legislature,  the  vote  shall 
be  viva  voce. 

ARTICLE  V. 

Executive. 

; 1.  The  executive  power  shall  be 

vested  in  the  Governor. 

; 2.  To  be  eligible  to  the  office  of 

Governor  and  Lieutenant-Gov- 
ernor. 

3.  Election  of  the  same. 

4.  Governor  to  be  commander-in- 

chief of  the  State  forces. — His 
j powers  and  duties. 

5.  His  salary. 

6.  Governor  shall  have  power  to 

grant  reprieves  and  pardons. 

7.  When  Lieutenant-Governor  is 

to  act  as  Governor. 


ccxxiv 


INDEX. 


Section  ’ ' 

8.  He  shall  be  president  of  the 

Senate.  — When  Secretary  of 
State  is  to  act  as  Governor. 

9.  Pay  of  Lieutenant-Governor. 

10.  Every  bill  to  be  presented  to 

the  Governor  before  it  be- 
comes a law.  — He  may  ap- 
prove or  object  to  it. 

ARTICLE  VI. 

Administrative. 

1.  Secretary  of  State,  Treasurer 

and  Attorney-General  to  be 
chosen. 

2.  Secretary  of  State,  his  duties 

and  compensation. 

3.  Powers,  duties  and  pay  of  the 

Treasurer  and  Attorney-Gene- 
ral are  to  be  fixed  by  law. 

4.  In  regard  to  sheriffs,  coroners, 

etc. 

ARTICLE  VII. 

J udiciary. 

1.  The  Senate,  court  of  impeach- 

ment. 

2.  The  judicial  powers  of  the 

State  are  vested  in  Supreme, 
Circuit  and  Probate  Courts, 
and  in  justices  of  the  peace. 

3.  Supreme  Court  has  appellate 

jurisdiction. — Shall  have  gene- 
ral superintending  control 
over  all  inferior  courts. 

4.  Judges  of  Circuits  to  be  judges 

of  Supreme  Courts  till  other- 
wise provided  for. 

6.  Division  of  the  State  into  five 
judicial  circuits. 

6.  The  Legislature  may  alter  the 

limits,  or  increase  the  number 
of  circuits. 

7.  For  each  circuit  there  shall  be 

a judge  chosen. 

8.  Jurisdiction  and  power  of  the 

Circuit  Courts. 

9.  Vacancies  to  be  filled  by  the 

Governor. 

10.  Salaries  of  judges  of  Supreme 

and  Circuit  Courts. 

11.  The  Supreme  Court  shall  hold 

at  least  one  term  annually  at 
the  seat  of  government.  — A 


Section 

Circuit  Court  shall  be  held  at 
least  twice  in  each  year  In 
each  county  in  the  State. 

12.  Clerk  of  Circuit  Court,  term  of 

office. 

13.  Removal  of  judge  of  Supreme 

or  Circuit  Courts. 

14.  Judge  of  probate,  how  chosen 

and  term  of  office. 

15.  Justices  of  the  peace,  term  of 

office  and  how  elected. 

16.  Tribunals  of  conciliation. 

17.  Style  of  writs  and  criminal 

prosecutions  shall  be  carried 
on  in  the  name  of  “ The  State 
of  Wisconsin.” 

18.  A tax  on  all  civil  suits,  how 

applied. 

19.  Testimony  in  causes  in  equity, 

how  taken. 

20.  Any  suitor  may  prosecute  or 

defend  his  suit  himself,  or  by 
an  attorney. 

21.  No  general  law  shall  be  in  force 

till  published. 

22.  A commission  of  three  to  be 

appointed  to  inquire  into,  re- 
vise and  simplify  the  rules 
of  practice,  pleadings,  forms, 
etc. 

23.  One  or  more  persons  to  be  ap- 

pointed in  each  county  to  have 
such  judicial  powers  as  may 
be  prescribed  by  law. 

ARTICLE  VIII. 

Finance. 

1.  Taxation  shall  be  uniform. 

2.  No  money  to  be  paid  out  of  the 

treasury  except  by  appropria- 
tion by  law. 

3.  The  credit  of  the  State  shall 

never  be  given  or  loaned. 

4.  The  State  shall  never  contract 

any  public  debt,  except  as 
provided. 

5.  Expenses  of  the  State  to  be  met 

by  an  annual  tax. 

6.  State  may  contract  a public 

debt  not  to  exceed  $100,000. 


INDEX. 


ccxxv 


Section 

7.  The  Legislature  may  also  bor- 

row money  to  repel  invasion, 
etc. 

8.  On  the  passage  of  a law  which 

imposes,  renews  or  continues 
a tax,  etc.,  the  question  shall 
be  taken  by  yeas  and  nays, 
and  three-fifths  of  all  the 
members  shall  be  required  to 
make  a quorum. 

9.  In  regard  to  State  debt. 

10.  The  State  shall  never  contract 
any  debt  for  works  of  inter- 
nal improvement, 

ARTICLE  IX. 

Eminent  Domain  and  Property  of  the 
State. 

1.  State’s  jurisdiction  over  rivers 

and  lakes. 

2.  Property  of  the  Territory  shall 

vest  in  the  State. 

3.  State  property. — All  lands  the 

title  to  which  shall  fail  from 
a defect  of  heirs,  shall  revert 
to  the  people. 

ARTICLE  X. 

Education. 

1.  The  State  superintendent,  his 

duties,  powers  and  compensa- 
tion 

2.  The  school  fund. 

3.  Free,  non-sectarian  schools. 

4.  Each  town  and  city  to  help 

support  the  public  schools. 

5.  Distribution  of  the  school  fund. 

6.  A State  university  to  be  estab- 

lished. 

7.  Sale  of  school  lands,  commis- 

sioners for  the  same. 

8.  Duties  of  commissioners. 

ARTICLE  XI. 
Cm'porations. 

1.  Corporations  without  banking 

powers  to  be  formed  under 
general  laws. 

2.  In  regard  to  taking  private 

property  for  public  use  by  a 
municipal  corporation. 

3.  Legislature  to  provide  for  the 

organization  of  cities  and  in- 
corporated villages. 

15 


Section 

4.  In  regard  to  banks. 

5.  In  regard  to  granting  charters 

for  the  same. 

ARTICLE  XII. 
i Amendments. 

I 1.  Either  house  may  propose  an 
amendment. 

2.  In  regard  to  revising  the  Con- 
stitution. 

ARTICLE  XIII. 
Miscellaneous  Provisions. 

1.  When  the  political  year  begins. 

2.  Dueling  disqualifies  for  voting. 

3.  Those  who  may  not  hold  office 

in  this  State. 

4.  Seal  of  State  to  be  kept  by 

Secretary  of  State. 

5.  Persons  residing  on  Indian  lands 

may  vote  at  the  nearest  polls. 

6.  The  elective  officers  of  the 

Legislature,  other  than  the 
I presiding  officers,  shall  be  a 

chief  clerk  and  sergeant-at- 
arms. 

7.  Division  of  counties. 

8.  The  moving  of  the  county  seat. 

9.  In  regard  to  county,  city,  town 

and  village  officers. 

10.  Offices  deemed  vacant  and  ma- 

ner  of  filling  the  s^e. 

ARTICLE  XIV. 

Schedule. 

1.  Territorial  rights  to  pass  over 

to  State  rights. 

2.  All  Territorial  laws,  not  repug- 

nant to  this  Constitution,  shall 
remain  in  force  till  they  ex- 
pire, or  are  repealed. 

I 3.  All  fines,  etc.,  accruing  to  the 

Territory  shall  accrue  to  the 
State. 

4.  Everything  pertaining  to  the 

I Territory  to  pass  over  to  the 

State. 

5.  Officers,  civil  and  military,  hold- 

ing office  tinder  authority  of 
the  United  States  of  the  Ter- 
ritory, shall  continue  to  hold 
it  till  superseded  by  State 

: authority. 


CCXXVl 


INDEX. 


Section 

6.  Where  the  first  session  of  the 

Legislature  shall  be  held,  and 
when. 

7.  About  county  and  other  officers. 

8.  A copy  of  this  Constitution  to 

be  sent  to  the  President. 

9.  Ratification  or  rejection  of  this 

Constitution. 

10.  The  congressional  districts. 

11.  The  elections  provided  for  In 

this  article  are  to  be  con- 
ducted according  to  the  laws 
of  the  Territory. 

12.  Apportionment. 

13.  Territorial  laws  to  continue. 

14.  Term  of  office  of  certain  ofllcers. 

15.  Who  may  administer  the  oath 

of  office. 


AMENDMENTS. 

Article  1,  section  8. 
Article  3,  section  1. 
Article  4,  section  4. 
Article  4,  section  5. 
Article  4,  section  11. 
Article  4,  section  21. 
Article  4,  section  31. 
Article  4,  section  32. 
Article  5,  section  5. 
Article  5,  section  9. 
Article  6,  section  4. 
Article  7,  section  4. 
Article  7,  section  12. 
Article  8,  section  2. 
Article  9,  section  3. 
Article  13,  section  1. 
Article  7,  section  4. 


WYOMING. 


Article 

1.  Declaration  of  rights. 

2.  Distribution  of  powers. 

3.  Legislative  department. 

4.  Executive  department. 

6.  Judicial  department. 

6.  Suffrage. 

7.  Education. 

8.  Irrigation  and  water  rights. 

9.  Mines  and  mining. 

10.  Corporations. 

11.  Boundaries. 

12.  County  organization. 

13.  Municipal  corporations. 

14.  Salaries. 

15.  Taxation  and  revenue. 

16.  Public  indebtedness. 

17.  State  militia. 

18.  Public  lands  and  donations. 

19.  Miscellaneous. 

20.  Amendment. 

21.  Schedule. 

Preamble. 

ARTICLE  I. 

Declaration  of  Rights. 

Section 

1.  All  power  is.  inherent  in  the 

people. 

2.  In  their  inherent  right  of  life, 

liberty  £ind  the  pursuit  of  hap- 


Section 

piness,  all  members  of  the 
human  race  are  equal. 

3.  Political  equality.' 

4.  Security  against  unreasonable 

searches  and  seizures. 

5.  No  person  shall  be  imprisoned 

for  debt,  except  in  cases  of 
fraud. 

6.  No  person  shall  be  deprived 

of  life,  liberty  or  property 
without  due  process  of  law. 

7.  Liberty  and  property  of  free- 

men. 

8.  All  courts  shall  be  open. — Jus- 

tice administered  without  sale 
or  delay. 

9.  The  right  of  trial  by  jury  shall 

remain  inviolate  in  criminal 
cases. 

10.  In  criminal  prosecutions  accused 

shall  have  the  right  to  defend 
in  person  and  by  counsel. 

11.  No  person  compelled  to  testify 

against  himself.  — No  person 
in  jeopardy  twice  for  the  same 
offense. 

12.  Witnesses  not  to  be  unreason- 

ably detained. 

13.  Persons  proceeded  against  crimi- 

nally by  indictment. 


INDEX. 


CCXXVll 


Section 

14.  All  persons  shall  be  bailable.— 

Excessive  bail  and  cruel  pun- 
ishments prohibited. 

15.  The  Penal  Code  shall  be  framed 

on  the  humane  principles  of 
reformation  and  prevention. 

16.  In  regard  to  prisons  and  im- 

prisonment. 

17.  Habeas  corpus. 

18.  Freedom  of  religious  thought 

and  worship. 

19.  State  money  not  to  be  given  to 

a sectarian  or  religious  so- 
ciety. 

20.  Freedom  of  speech. 

21.  The  people  may  assemble  to- 

gether peaceably  to  consult 
for  the  common  good. 

22.  The  rights  of  labor  to  have  just 

protection. 

23.  Education  encouraged. 

24.  The  right  of  citizens  to  bear 

arms. 

25.  Military  subordinate  to  civil 

powers. — Quartering  of  troops. 

26.  Treason  against  the  State  de- 

fined. 

27.  Elections  to  be  open,  free  and 

equal. 

28.  No  tax  imposed  without  consent 

of  the  people.  — All  taxation 
shall  be  equally  uniform. 

29.  Resident  aliens  and  citizens. 

30.  Perpetuities  and  monopolies 

contrary  to  genius  of  a free 
State. 

31.  Water  controlled  by  the  State. 

32.  Private  property  shall  not  be 

taken  for  private  use. 

33.  Private  property  taken  for  pub- 

lic use. 

34.  All  laws  of  a general  nature 

shall  have  a uniform  opera- 
tion. 

35.  No  ex  post  facto  law  or  other 

law  impairing  obligation  of  I 
contracts. 

36.  The  enumeration  of  rights  in  I 

this  Constitution  not  to  im-  ! 
pair  other  rights  retained  by  I 
the  people. 

37.  The  State  is  inseparable  from 

the  Federal  Union. 


ARTICLE  II. 

Distribution  of  Powers. 

Section 

1.  The  powers  of  government  of 
this  State  vested  in  the  legis- 
lative, executive  and  judicial. 

ARTICLE  III. 

Legislative  Department. 

1.  The  legislative  power  vested  in 

Senate  and  House  of  Repre- 
sentatives. 

2.  Election  of  Senators. — Term  of 

office.  — Representatives  and 
term  of  office. — Qualifications. 

3.  Each  county  shall  constitute  a 

senatorial  and  representative 
district. 

4.  Vacancies  in  either  house,  how 

filled. 

5.  Time  of  election  of  members  of 

both  houses. 

6.  Compensation  of  members  for 

the  first  Legislature. 

7.  The  Legislature  shall  meet, 

when. 

8.  Senators  and  Representatives 

may  not  hold  two  offices. 

9.  No  increase  of  salary  or  mile- 

age. 

10.  President  of  the  Senate. — Speak- 

er of  the  House. 

11.  Majority  of  each  house  shall 

constitute  a quorum. 

12.  The  powers  of  each  house. 

13.  Each  house  shall  keep  a jour- 

nal. 

14.  The  sessions  of  each  house  shall 

be  open,  except. 

15.  Adjournment  for  more  than 

three  days. 

16.  Members  to  be  privileged  from 

arrest,  except  when. 

17.  Sole  power  of  impeachment 

vested  in  the  House  of  Repre- 
sentatives. 

18.  What  State  officers  are  liable 

for  impeachment. 

19.  Removal  of  other  officers. 

20.  No  laws  shall  be  passed  except 

by  bill. 

21.  The  enacting  clause  of  every 

law. 


ccxxviii 


INDEX. 


Section 

22.  Bills  for  the  appropriation  of 

money,  when  introduced. 

23.  When  the  bill  is  to  become  a 

law. 

24.  No  bill  to  contain  more  than  one 

subject,  except.  I 

25.  No  bill  shall  become  a law  ex- 

cept by  vote  of  majority. 

26.  In  regard  to  the  title  of  a bill. 

27.  The  Legislature  not  to  pass 

local  or  special  law  in  the  fol- 
lowing enumerated  cases. 

28.  How  bills  are  to  be  signed. 

29.  The  numerous  duties  and  com- 

pensation of  officers  and  em- 
ployes. 

30.  Extra  compensation  to  officers, 

etc. 

31.  Stationery,  printing,  etc. 

32.  In  regard  to  the  extension  of  the 

term  of  office  or  increase  or 
decrease  in  salary. 

33.  All  bills  for  raising  revenue 

originate  in  House  of  Repre- 
sentatives. 

34.  Appropriation  bills. 

35.  Payment  of  money  from  the 

treasury. 

36.  No  appropriations  except  for 

institutions  ^ under  absolute 
control  of  State. 

37.  Money  not  to  be  granted  for 

municipal  improvements. 

38.  Investment  of  trust  funds,  etc. 

39.  The  State  or  any  county  of  the 

State  to  contract  debts  in  the 
construction  of  railroads. 

40.  In  regard  to  the  liability  of  any 

person,  association  or  corpora- 
tion. I 

41.  Every  order,  etc.,  to  be  pre-  i 

sented  to  the  Governor. 

42.  No  person  to  promise  his  vote. 

43.  Bribery  defined. 

44.  Any  person  may  be  compelled 

to  testify  in  any  lawful  inves- 
tigation. 

45.  Corrupt  solicitation. 

46.  Members  having  personal  or  pri- 

vate interests  in  a bill  shall 
not  vote  thereon. 


Apportionment. 

Section 

1.  Election  of  Congressmen-at- 

large. 

2.  Enumeration  of  the  inhabitants 

of  the  State  in  1895  and  every 
tenth  year  thereafter. 

3.  Representative  districts  may  be 

altered.  . 

4.  Apportionment. 

ARTICLE  IV. 

Executive  Department. 

1.  Executive  power  vested  in  Gov- 

ernor. 

2.  Eligibility  for  office  of  Governor. 

3.  Election  of  Governor. — In  case 

of  tie. 

4.  Governor  commander-in-chief  of 

military  forces  of  the  State. 

5.  Governor  has  power  of  reprieve 

and  pardon. 

6.  Impeachment  of  Governor. 

7.  In  case  of  vacancy,  how  filled. 

8.  Every  bill  to  be  presented  to  the 

Governor  before  it  becomes  a 
law. 

9.  The  Governor  may  disapprove 

of  any  item  or  items. 

10.  In  case  of  bribery. 

11.  Secretary  of  State,  Auditor, 

Treasurer  and  Superintendent 
of  Public  Instruction.  — Term 
of  office. 

12.  Powers  and  duties  of  the  same. 

13.  Salary  of  Governor. 

14.  state  Examiner. — His  duties. 

15.  Seal  of  State. 

15.  The  seal  of  the  Territory  to  be 
the  seal  of  State  until  other- 
wise provided  for. 

ARTICLE  V. 

Judicial  Department. 

1.  Judicial  power  of  the  State  is 

vested  in  the  Senate. — In  the 
Supreme  Court,  District 
Courts,  justices  of  the  peace, 
etc. 

2.  Jurisdiction  of  the  Supreme 

Court. 

3.  Power  to  issue  writs  of  man- 

damus. 


INDEX. 


CCXXIX 


Section 

4.  Supreme  Court  to  consist  of 

three  justices. — Their  election 
and  term  of  office. 

5.  A majority  to  constitute  a 

quorum. 

6.  In  case  a judge  of  the  Supreme 

Court  is  interested  in  a cause. 

7.  Two  terms  to  be  held  annually. 

8.  To  be  eligible  to  the  office  of 

chief  justice. 

9.  Clerk  of  the  Supreme  Court.— 

His  appointment. 

10.  District  Court  shall  have  origi- 

nal jurisdiction  in  criminal 
cases. 

11.  Judges  of  District  Courts  may 

hold  courts  for  each  other. 

12.  To  be  eligible  to  the  office  of 

judge  of  District  Court. 

13.  There  shall  be  a clerk  of  Dis- 

trict Court  in  each  organized 
county. 

14.  Appointment  of  District  Courts. 

— Commissioners. 

15.  The  style  of  all  process. 

16.  Judges  of  the  Supreme  Court 

shall  have  no  duties  except 
such  as  are  judicial. 

17.  Their  pay. 

18.  Writs  of  error  and  appeals. 

19.  The  State  shall  be  divided  into 

three  judicial  districts. 

20.  Enumeration  of  the  same. 

21.  The  Legislature  may  increase 

judicial  districts.  — Jurisdic- 
tion. 

22.  Justices  of  the  peace. — Number 

and  election  of. 

23.  Appeals. 

24.  Time  of  holding  courts. 

25.  Judges  of  Supreme  Court  shall 

not  practice  law. 

26.  How  terms  of  courts  are  to  be 

fixed. 

27.  No  judge  of  the  Supreme  or  Dis- 

trict Courts  shall  be  eligible 
to  other  offices. 

28.  Appeals  from  decisions  of  com- 

pulsory boards  of  arbitration 
allowed. 


ARTICLE  VI. 

Suffrage. 

Section 

1.  Right  to  vote  shall  not  be  de- 

nied on  account  of  sex. 

2.  Requirements  for  voting. 

3.  Electors  to  be  privileged  from 

arrest  on  days  of  election,  ex- 
cept. 

4.  Not  to  perform  military  duty  on 

day  of  election. 

5.  Mutt  be  a citizen  of  the  United 

States. 

6.  Those  who  may  not  vote. 

7.  No  elector  shall  lose  his  resi- 

dence in  this  State  by  reason 
of  absence  on  business  of  the 
United  States. 

8.  Soldiers,  seamen  or  marines  of 

the  United  States  not  deemed 
a resident  in  consequence  of 
being  stationed  in  this  State. 

9.  Must  be  able  to  read. 

10.  Nothing  herein  contained  to  de- 

prive any  person  of  the  right 
to  vote. 

11.  Elections  shall  be  by  ballot. 

12.  Voters  must  register  according 

to  law. 

13.  Purity  of  elections. 

14.  Election  contests,  how  provided 

for. 

15.  Only  qualified  electors  appointed 

to  civil  or  military  office. 

16.  To  hold  office  until  successor  is 

qualified. 

17.  The  time  of  holding  elections. 

18.  Election  or  appointment  of  those 

not  provided  for  in  this  Con- 
stitution. 

19.  Those  who  may  not  hold  offices 

under  the  State  and  the  United 
States. 

20.  Oath  of  office. 

21.  How  the  oath  shall  be  admin- 

istered. 

ARTICLE  VII. 

Education. 

1.  A complete  and  uniform  system 
of  public  instruction. 


ccxxx 


INDEX. 


Section 

2.  Perpetual  &chool  fund. 

3.  Grants,  gifts  and  devises  for  the 

same. 

4.  County  school  fund. 

5.  Custodians  of  such  funds. 

6.  They  shall  be  deemed  trust 

funds  in  the  care  of  the  State. 

7.  The  income  of  the  same  to  be 

applied  tO'  the  support  of  free 
schools. 

8.  Income  to  be  divided  among  the 

several  counties. 

9.  Are  required  to  attend  school 

between  six  and  eighteen  years 
of  age. 

10.  No  distinction  or  discrimination 

to  be  made  on  account  of  sex, 
race  or  color. 

11.  Text  books  not  to  be  prescribed 

for  use  in  public  schools. 

12.  No  sectarian  instruction. 

13.  Board  of  land  commissioners. 

14.  The  general  supervision  of  the 

public  schools  Intrusted  to 
the  State  Superintendent  of 
Public  Instruction. 

15.  The  establishment  of  the  Uni- 

versity of  Wyoming  is  hereby 
confirmed. 

16.  Open  to  students  of  both  sexes, 

irrespective  of  race  or  color. 

17.  Management  of  the  University. 

18.  Charitable,  reformatory  and  pe- 

nal institutions. 

19.  Property  belonging  to  the  Ter- 

ritory to  pass  over  to  the 
State. 

20.  Public  health  and  morals. 

21.  Public  buildings  of  the  Terri- 

tory to  pass  over  to  the  State. 

22.  Care  of  public  buildings. 

23.  Power  to  change  the  seat  of 

government. 

ARTICLE  VIII. 

Irrigation  and  Water  Rights. 

1.  Natural  streams,  lakes,  etc.,  the 

property  of  the  State. 

2.  Board  of  Control  to  consist  of 

State  Engineer  and  Superin- 
tendents of  Water  Divisions. 

3.  In  regard  to  appropriations. 


Section 

4.  Tho  State  to  be  divided  into 
four  water  divisions. 

6.  The  State  Engineer.  — His  ap- 
pointment and  term  of  office. 

ARTICLE  IX. 

Mines  and  Mining. 

1.  Inspector  of  mines. — Duties  and 

salary  prescribed  by  law. 

2.  Mines  to  be  ventilated  and 

drained. 

3.  No  boy  under  fourteen  years 

and  no  woman  or  girl  of  any 
age  permitted  in  or  about 
mines  for  the  purpose  of  em- 
ployment therein. 

4.  Injury  to  person  or  property  for 

failure  to  comply  with  the 
provisions  of  this  article. 

5.  Mining  and  metallurgry  to  be 

taught  in  one  of  the  State  in- 
stitutions. 

6.  There  shall  be  a State  Geologist 

ARTICLE  X. 

Corporations. 

1.  Laws  relating  to  corporations 

may  be  altered. 

2.  All  powers  and  franchise  of 

corporations  derived  from  the 
people. 

3.  What  charters  and  franchises 

are  to  be  invalid. 

4.  No  law  limiting  the  amount  of 

damages  for  the  injury  or 
death  of  anyone. 

5.  In  regard  to  corporations  tran- 

sacting business  in  the  State. 

6.  No  corporation  may  engage  in 

more  than  one  general  line  of 
business. 

7.  Common  carriers,  definition  of. 

8.  Competing  corporations  may  not 

consolidate  for  the  purpose  of 
controlling  prices,  etc. 

9.  The  right  of  eminent  domain. 

10.  Co-operative  associations. 

Railroads. 

1.  Railroads  may  connect  with  and 

cross  each  other. 

2.  Railroads  and  telegraph  lines, 

public  highways  and  common 
carriers. 


INDEX. 


CCXXXl 


Section  i 

3.  Every  railroad  corporation  to 

make  a report  to  the  Auditor  j 
of  the  State  annually.  | 

4.  The  right  of  eminent  domain  not  I 

to  be  abridged. 

5.  The  State  or  any  of  its  subdi- 

visions may  not  give  or  loan 
its  credit. 

6.  In  regard  to  the  acceptance  of 

the  provisions  of  this  Consti- 
tution. 

7.  The  right  to  construct  or  main- 

tain telegraph  lines  within  the 
State. 

8.  Foreign  railroads  and  telegraph 

lines  must  have  an  agent  in 
each  county  through  which 
they  pass.  j 

9.  No  railroad  to  pass  within  four  | 

miles  of  any  existing  town  or  j 

city  without  providing  a suit-  j 

able  depot.  j 

ARTICLE  XI.  j 

Boundaries.  ■ 

1.  Boundaries.  I 

ARTICLE  XII. 

County  Organization. 

1.  The  counties  of  the  State  to  be 

the  same  as  those  of  the  Ter- 
ritory. 

2.  New  counties  may  be  organized. 

3.  County  seats  may  be  changed. 

4.  A system  of  township  organiza- 

tion and  government.  j 

6.  Election  of  county  officers. 

ARTICLE  XIII.  I 

Municipal  Corporations. 

1.  Legislature  to  provide  by  law 

for  the  classification  of  mu- 
nicipal corporations. 

2.  They  shall  not  be  organized 

without  the  consent  of  the 
majority  of  the  resident  elec- 
tors. 

3.  Restrictions  of  the  same  in  re- 

gard to  levying  taxes,  borrow- 
ing money  and  contracting 
debts. 


Section 

4.  Street  railways,  telegraph,  tele- 

phone and  electrical  lines  shall 
not  be  constructed  without 
the  consent  of  the  local  au- 
thorities. 

5.  Municipal  corporations  shall 

have  the  same  right  as  indi- 
viduals. 

ARTICLE  XIV. 

Salaries. 

1.  All  State,  city,-  county,  town 

and  school  officers  shall  be 
paid  definite  salaries. 

2.  The  fees  of  certain  officers. 

3.  Salaries  of  county  officers  to  be 

fixed  by  law. 

4.  The  Legislature  shall  provide  by 

general  law  for  such  deputies 
as  the  public  necessities  may 
require. 

5.  In  regard  to  the  change  of  title 

of  offices. 

6.  Offices  to  be  consolidated. 

ARTICLE  XV. 

Taxation  and  Bevenue. 

1.  All  lands  and  Improvements 

listed  for  assessment. 

2.  Coal  mines  from  which  coal  is 

not  being  mined  shall  be  as- 
sessed. 

3.  In  regard  to  mines  of  gold, 

silver,  other  precious  metals, 
etc. 

4.  For  State  revenue,  the  tax  not 

to  exceed  four  mills  on  the 
dollar. 

5.  For  county  revenue,  the  tax  not 

to  exceed  twelve  mills  on  the 
dollar. 

6.  An  Incorporated  city  or  town, 

there  may  be  a tax  not  to  ex- 
ceed eight  mills  on  a dollar. 

7.  Regard  to  money  belonging  to 

the  State,  county,  town,  etc. 

8.  No  profit  to  be  made  directly  or 

indirectly  out  of  public  funds. 

9.  There  shall  be  a State  board 

composed  of  State  Auditor, 
Treasurer  and  Secretary  of 
State. 


ccxxxii 


INDEX. 


Section  i 

10.  Their  duties. 

11.  All  property,  except  as  in  this 

Constitution  otherwise  provid- 
ed for,  shall  be  uniformly  as- 
sessed. 

12.  What  property  to  be  exempt 

from  taxation. 

13.  No  tax  to  be  levied  except  In 

pursuance  of  law. 

14.  The  power  of  taxation  shall 

never  be  surrendered. 

ARTICLE  XVI. 

Public  Indebtedness. 

1.  Indebtedness  of  the  State. 

2.  No  debt  in  excess  of  the  taxes 

for  the  current  year. 

3.  County  indebtedness. 

4.  No  debt  in  excess  of  the  taxes 

for  the  current  year  in  any 
county  or  subdivision  thereof. 

5.  Limit  of  indebtedness  in  towns, 

cities,  villages,  etc. 

6.  The  State  and  its  subdivisions 

not  to  loan  its  credit. — The 
State  shall  not  engage  in  work 
of  internal  improvement. 

7.  State  money  shall  not  be  paid 

out  of  the  State  treasury,  ex- 
cept upon  appropriation  by 
law. 

8.  State  bonds  to  be  valid  must  be 

indorsed. 

ARTICLE  XVII. 

State  Militia. 

1.  To  consist  of  whom. 

2.  Equipment  and  discipline  of 

militia. 

3.  All  militia  officers  to  be  commis- 

sioned by  the  Governor. 

4.  The  flag  or  banner  which  the 

militia  may  carry. 

5.  The  Governor  to  be  command- 

er-in-chief. 

ARTICLE  XVIII. 

Public  Lands  and  Donations. 

1.  In  regard  to  lands  granted  to 
the  State. 


Section 

2.  In  regard  to  the  proceeds  from 

the  sale  and  rental  of  lands. 

3.  Board  of  Land  Commissioners. 

4.  Legislature  shall  enact  the  nec- 

essary laws  for  the  sale  and 
leasing  of  land. 

6.  In  regard  to  those  who  have 
settled  upon  school  lands. 

6.  If  any  part  of  the  interest  or 
income  of  the  perpetual  school 
fund  Is  not  expended. 

ARTICLE  XIX. 

Miscellaneous. 

1.  Live  stock.— Eight  hours  a day’s 

work. — Labor  on  public  works. 

2.  The  Legislature  shall  see  that 

the  foregoing  provisions  are 
enforced.— Courts  of  Arbitra- 
tion.— Police  powers. — Labor 
contracts.— Arbitration  home- 
steads. 

ARTICLE  XX. 

Amendments. 

1.  Amendments  may  be  proposed 

in  either  branch  of  the  Legis- 
lature. 

2.  If  two  or  more  amendments  are 

proposed. 

3.  A convention  to  revise  or  amend 

this  Constitution  may  be 
called. 

4.  Any  Constitution  adopted  shall 

not  be  valid  until  it  has  been 
adopted  by  the  people. 

ARTICLE  XXI. 

Schedule. 

1.  To  avoid  inconvenience  in  the 

change  of  Territorial  to  State 
government. 

2.  Real  and  personal  property,  etc., 

belonging  to  the  Territory 
shall  become  the  property  of 
the  State. 

3.  All  Territorial  laws  not  repug- 

nant to  this  Constitution  shall 
remain  in  force. 

4.  All  fines,  etc.,  accruing  to  the 

Territory  shall  accrue  to  the 
State. 


INDEX.  ccxxxiii 


Section 

6.  All  bond  obligations  or  other 
undertakings,  undertaken  be- 
fore the  organization  of  this 
Constitution,  shall  remain 
valid. 

6.  All  Territorial  officers  shall  con- 

tinue  to  hold  office. 

7.  The  Constitution  to  be  adopted 

or  rejected. 

8.  When  the  Constitution  is  to  take 

effect. 

9.  What  is  to  be  done  upon  the 

admission  of  the  Territory  as 
a State. 

10.  Notice  of  election  to  be  given. 

11.  Board  of  canvassers,  to  consist 

of  whom. 

12.  Oath  of  office  to  be  taken  within 

thirty  days  after  election. 

13.  The  Governor  to  issue  a procla- 

mation convening  the  Legisla- 
ture. 

14.  The  Legislature  shall  pass  all 

necessary  laws  to  carry  into 


Section 

effect  the  provisions  of  this 
Constitution. 

15.  In  regard  to  judges  of  the  Su- 

preme and  District  Courts. 

16.  The  seals  of  the  Territory  are 

to  be  the  seals  of  the  State. 

17.  Records  and  papers  of  the  Pro- 

bate Court. 

18.  In  regard  to  Senators  and  mem- 

bers of  the  House. 

P.  C lunty  and  precinct  officers. 

20.  Members  of  the  Legislature, 

State  officers.  District  and  Su- 
preme Courts  to  continue. 

21.  In  regard  to  the  first  session  of 

the  Legislature  under  this 
Constitution. 

22.  In  regard  to  the  time  county 

and  precinct  officers  shall  hold 
their  offices. 

23.  This  Constitution  has  been  pre- 

sented to  the  people  to  be 
accepted  or  rejected. 


DISTRICT  OF  COLUMBIA. 


ARTICLE  I. 

Section 

1.  Limits  of  the  District  of  Co- 

lumbia. 

2.  How  governed. 

3.  A municipal  corporation. — Com- 

missioners’ officers  of  District. 

4.  Laws  continued  in  force. 

ARTICLE  II. 

1.  Two  citizens  and  officers  of  en- 

gineers appointed  and  de- 
tailed. 

2.  Enter  on  duty  July  1,  1878. 

3.  Officers  detailed  to  perform  no 

other  duty.—  Salary  of. 

4.  Qualifications  of  persons  ap- 

pointed. 

5.  Commissioners  shall  elect  a 

president. 

6.  Shall  take  an  oath  of  office. 

7.  Compensation  of  civil  commis- 

sioners.—Give  bonds. 

16 


Section 

8.  Term  of  office  of  civil  commis- 

sioners. 

9.  Commissioners  and  officers  dis- 

qualified as  bail. 

10.  Contractors  disqualified  as  bail. 
ARTICLE  III. 

1.  Commissioners  successors  of  old 

board,  whose  functions  cease 
July  1. 

2.  Powers  and  duties  of  commis- 

sioners. 

3.  Limitation  of  powers  to  con- 

tract. 

4.  Power  over  hack  stands. 

5.  Penalty  for  violating  orders  in 

reference  to  hacks. 

6.  Lawful  taxes  to  be  collected. 

7.  Taxes  shall  not  be  anticipated. 

8.  May  borrow  $200,000. 

9.  Power  over  officers  and  em- 

ployes. 


CCXXXIV 


INDEX, 


Section 

10.  Power  to  maintain  lamps  out  of 
city  limits. — All  rights  under 
pending  suits  saved. 

12.  Shall  submit  estimates  to  Sec- 

retary of  the  Treasury. 

13.  Shall  submit  estimates  for 

bridges,  charities,  etc. 

14.  The  United  States  retains  Its 

present  control  of  public 
works. 

15.  Secretary  of  the  Treasury  to  re- 

vise estimates.  — Commission- 
ers to  report  estimates  to 
Congress. 

16.  Congress  to  appropriate  one- 

half. 

17.  One-half  paid  by  taxation. 

18.  How  taxes  are  assessed  and  col- 

lected. 

19.  Rate  of  tax  oh  property  In 

cities. 

20.  Rate  of  '^fax  on  agricultural 

property  in  Country. 

21.  Collector  to  publish  notice  of 

payment  of  taxes. 

22.  Deduction  of  tax,  when  made. 

23.  Penalties  under  act  of  March  3, 

1877,  suspended. 

ARTICLE  IV. 

1.  May  prescribe  duties  of  asses- 

sors and  times  of  payment  of 
taxes. 

2.  Taxes  where  paid,  and  how  dis- 

bursed. 

3.  All  accounts  settled  by  Treasury 

department. 

4.  Secretary  of  the  Treasury  is  to 

pay  Interest  on  the  365  bonds 
I and  credit  amount  to  United 
States. 

ARTICLE  V. 

1.  Costs  for  public  works,  repairs, 

etc.,  how  advertised. 

2.  Awarded  to  the  lowest  bidder. 

3.  Commissioners  may  reject  all 

bids. 

4.  Work  not  to  be  subdivided. 

6.  Contracts  only  made  by  the  con- 
currence of  all  the  commis- 
sioners. 


Section 

6.  Contracts  Invalid  unless  re- 

corded. 

7.  No  pavement  shall  be  accepted, 

but  of  the  best  material  and 
work. 

8.  Contracts  secured  by  penal 

bonds  approved  by  the  com- 
missioners. 

9.  Contractors  to  keep  work  In  re- 

pair five  years. 

10.  Ten  per  cent  of  the  cost  of  all 

new  works  shall  be  retained 
as  an  additional  security. 

11.  Portion  of  public  works  charge- 

able to  street  railroad  com- 
panies. 

12.  How  tracks  shall  be  paved. 

13.  United  States  pay  half  of  all 

costs  under  article  5,  except 
that  done  by  railroad  comr 
panles. 

14.  Paid  on  warrants  of  commis- 

sioners by  the  Secretary  of 
the  Treasury. 

15.  When  the  District  to  pave 

tracks  of  railroad  companies. 

16.  Commissioners  may  issue  cer- 

tificates of  Indebtedness 
against  their  property,  etc. 

17.  If  certificate®  are  not  paid  prop- 

erty, to  be  sold. 

18.  Duties  of  railroad  companies 

where  tracks  Intersect. 

19.  Water  and  gas  mains  and  pipes 

to  be  laid  before  streets  are 
imiMTOved. 

20.  Washington  Gas-light  Company 

to  care  for  it®  mains,  etc. 

21.  Two  subordinate  engineers  de- 

tailed from  army  by  the 
President. 

ARTICLE  VI. 

1.  Metropolitan  police  board  abol- 

ished.— Board  of  trustees  of 
public  schools  abolished. 

2.  Commissioners  appoint  trustees 

of  public  schools. 

ARTICLE  VII. 

1.  Sinking  fund  commissioners 
abolished. — Dutle®  performed 


INDEX. 


ccxxxv 


Section 

by  the  United  States  Trea- 
surer. 

ARTICLE  VIII. 

1.  Board  of  health  exceeded  by 
health  officers  under  control 
of  commissioners. 

ARTICLE  IX. 

1.  Commissioners  appoint  sanitary 

Inspector  of  District. — Number 
and  qualification. 

2.  Inspector’s  report,  how  and 

when. 

3.  Health  officers  report  to  com- 

missioners. 

ARTICLE  X. 

1.  The  commissioners  may  appoint, 
on  recommendation  of  health 
officer  a reasonable  number  of 
clerks. 

ARTICLE  XI. 

1.  Salary  of  health  officer. 


Section 

2.  Sanitary  inspector’s  compensa- 

tion. 

3.  Salaries  of  the  clerks. 

ARTICLE  XII. 

1.  Commissioners  report  to  Con- 

gress.— Drafts  of  law. 

2.  To  report  annually  their  acts  In 

detail. 

ARTICLE  XIII. 

1.  The  present  debt  of  the  Dis- 

trict not  to  be  increased. 

2.  Penalty  for  increasing  debt  of 

the  District. 

ARTICLE  XIV. 

1.  The  act  of  June  17,  1870,  con- 

strued.— Revised  statutes  of 
District  of  Columbia. 

2.  Taxes  remitted  on  school  proi)- 

erty. 

3.  Above  act  limited. 

ARTICLE  XV. 

1.  Repealing  clause. 


1 


I 

i 


1 

ii 

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f 


